By Larry Klayman
It never ends! The so-called Washington, D.C., establishment swamp grows murkier and more deadly with every passing hour! Needless to say, it is on the verge of swallowing up the vision and creation of our Founding Fathers. The federal judiciary is a major occupant of this swamp!
While I will get into this in depth in my weekly show on Radio America "Special Prosecutor with Larry Klayman," which airs each Sunday, and is podcast as well (go to www.freedomwatchusa.org for local listings and to hear my podcast), let us take a brief walk down memory lane of the corrupt judicial week that was.
First, "hot off the press," there is the ruling of the Honorable Timothy J. Kelly, incredibly granting a temporary restraining order in the lawsuit filed by CNN against the president and his staff for revoking the White House press pass of the "Communist/Clinton News Network's" Jim Acosta for improperly touching a White House female intern. Incredibly, and most tellingly, CNN was supported by Fox News, which increasingly has been moving left thanks to its new chiefs, the Murdoch sons, both of whom are dyed-in-the-wool liberals. (See Adriana Cohen, "Bill O'Reilly: Fox Has Gone to the Dogs," Boston Globe, Nov. 15.) More importantly is the sellout by this Trump-appointed Judge Kelly in ordering the president to give the vile Acosta back his press pass.
Not only is there clearly no First Amendment constitutional right to own a White House press pass – as CNN is free to send another, hopefully this time respectful reporter to cover the administration, among many other legal grounds for Kelly to have denied the CNN complaint – but this incredible ruling underscores what I have been preaching about the federal judiciary in particular for many years since I conceived of and founded Judicial Watch in 1994.
Put simply, the overwhelming majority of the jurists selected by both Democrat and Republican presidents are the compromised product of the establishments of both parties. They generally got their jobs by not ruffling feathers and not taking strong, principled positions. In the case of Kelly – a Trump appointee likely recommended to the president by Don McGahn, the former White House counsel and himself an establishment Republican who eventually was shown the door by The Donald, likely for his backstage collaboration with Special Counsel Robert Mueller – this is a jurist who not only lacks courage, but also is weak.
In a case I had before him recently, he ignored false testimony by the head of a prominent "conservative" public-interest group, mostly likely because to go against him could have harmed his standing in the conservative community. This person had submitted a sworn affidavit, under oath, attesting that he knew nothing about the underlying facts for a lawsuit I had filed, when testimony from a fellow board member later proved otherwise. The reason for this affidavit was so the head of the group could try to escape being questioned under oath about the case.
For a federal judge to look the other way to protect his own derriere was simply despicable, much less a violation of his oath of office to uphold the integrity of his own court and the justice system as whole.
But now Judge Kelly has gone a step further in revealing his true stripes; and they are not stripes of a judicial tiger. They are the stripes akin to the cowardly lion in "The Wizard of Oz." This is because not only does Kelly obviously want to keep his membership and "press pass" credentials in to the establishment "D.C. Swamp Club," but, like nearly all the judges I have encountered over the last 41 years of my legal practice, the jurist does not likely want to get on the bad side of a powerful media organization such as CNN, owned and operated by the mega Time Warner/ATT conglomerate. He obviously does not want this media conglomerate powerhouse, and its leftist competitors, to be trained on him.
Years ago when I was running Judicial Watch, I brought a libel suit against the Washington Post for having allegedly defamed me. As is true here, the District of Columbia Superior Court judge assigned to the case, sat on it for several years, only to later dismiss it, disingenuously claiming that the alleged defamation was a "close question" and that the benefit of the doubt had to go to the Post. After another several years of appeal, the Court of Appeals for the District of Columbia affirmed the dismissal, also citing a so-called "close question."
The bottom line is this: Judges are afraid to take on the media for fear that this will generate bad press for them down the line.
This is obviously not the way our judicial system should work, but it does show why the nation is going through an increasing downward spiral to a complete breakdown of ethics, morality and legality.
Judges are in principle our most important public servants, as they are not only empowered to protect We the People from not just the tyranny of the deep-state-controlled government, but also wrongs committed elsewhere. When they bail out, and not over Tokyo, and abdicate their judicial responsibilities to further their own cowardly skins, then the republic is in serious trouble.
And, the smaller lesson here is that even Republican-appointed jurists can be part of the problem, including the ones appointed, based on bad advice, by our chief law enforcement official, Donald Trump. With the growing and never-ending Mueller witch hunt and the the new reincarnated Nancy Pelosi-run House of Representatives, the president and his agenda, if not his longevity in office, are in serious jeopardy. Few have his back, even so called conservative jurists!
The days and months ahead will be fateful times for the survival our nation. Judges such as Timothy Kelly do not give us must cause to hope that the legal system is up to the task of protecting our constitutional democracy.
We the People, through citizens grand juries and other legal means, must, more than ever, rise up to save the nation. Go to www.freedomwatchusa.org to sign up for Freedom Watch's Justice League and our Judicial Selection Strike Force, designed to put principled judges on the bench. Please join the fight before it is too late!
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