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Gavin M. Wax

NCLU Files Amicus Brief in Defense of President Trump

On Thursday, January 18, the National Constitution Law Union filed with the Supreme Court of the United States an amicus brief against the clearly partisan effort by leftists embedded in the Colorado state government to remove President Donald J. Trump from the 2024 presidential primary ballot.

The Colorado Supreme Court led this hyper-political and ideologically-driven charge and erroneously invoked Section 3 of the 14th Amendment—otherwise known as the “Insurrection Clause.” President Trump, who is dominating the GOP field with a steady 50+ point lead over his opponents, is obviously seen as a threat and is, therefore, subject to the whims of ill-intentioned political actors who seek his destruction. They will not win. President Trump never “engaged” in “insurrection,” and the Colorado Supreme Court’s attack must be unmasked as the heinous attack it is.

Thankfully, great patriots surround us, demanding that we not sit idly by as our great Constitution is used as a pawn in their perverse retributive games.

Our committed team and supporters, and others who have filed similar briefs exemplify the American fighting spirit. We will not go gentle into that good night.

Read the Amicus Brief here.

NCLU Calls on Congress to Block NewsGuard Funding in NDAA

The National Constitutional Law Union is calling on Congress to once and for all ensure that the Biden administration is prohibited from unconstitutionally funding Ministry of Truth operations like leftist internet traffic cop NewsGuard.

The National Constitutional Law Union and other like-minded organization signed A four-page letter addressed to Senate Minority Leader Mitch McConnell (R-KY) and House Speaker Mike Johnson (R-LA), urging congressional leaders to keep Rep. Richard McCormick (R-GA)’s free speech amendment to the National Defense Authorization Act (NDAA). The amendment effectively bars the Department of Defense from contracting and funding infamous leftist tech entities like NewsGuard and the Global Disinformation Index (GDI) which are intent on crushing right-leaning media entities.

Signed by 36 pro-free speech advocates, the letter drew attention to disturbing revelations miring both NewsGuard (which received a $750,000 payout from the Department of Defense in 2021) and GDI which is also funded by government entities, including the Department of State.

As shown by two MRC Free Speech America studies, NewsGuard’s ratings are heavily skewed in favor of leftist media and consistently target right-leaning outlets with scathingly low ratings. For example, NewsGuard has openly celebrated its collusion with the federal government and has even legitimized communist Chinese state propaganda outlets like The China Daily and the Global Times as being more credible than right-leaning, American-based publications like The Federalist, Newsmax and One America News. Similarly, NewsGuard has rated articles questioning COVID-19 policies while it received funding from Big Pharma, creating what The Washington Times described as a glaring conflict of interest.

GDI has also faced its share of disturbing allegations. Reportedly, GDI has been accused of issuing blacklists of outlets such as the New York Post, The Daily Wire, Real Clear Politics and The Federalist.

Read the full letter below:

November 22, 2023  

The Honorable Mitch McConnell

Senate Republican Leader

United States Senate 

Washington, DC 20510

The Honorable Mike Johnson

Speaker of the House

U.S. House of Representatives

Washington, D.C. 20515

Dear Leader McConnell and Speaker Johnson,

Our federal government never should have spent time and taxpayer money on censoring conservatives. Fortunately, the National Defense Authorization Act (NDAA) passed by the U.S. House of Representatives contains a provision to right this wrong. We write to strongly urge you to keep Section 1532 of the House bill, which prohibits funding for the blacklisting of news sources based on their political views.

As Rep. Richard McCormick uncovered during hearings for the NDAA, organizations like NewsGuard and the Global Disinformation Index (GDI) work to silence conservative media outlets that disagree with the liberal agenda.

For example, the Media Research Center found that NewsGuard repeatedly scored liberal sites in the 90+ range while giving an absurd average rating of 66 to conservative sites. GDI is no better, with a history of blacklisting conservative outlets like the New York Post, The Daily Wire, Real Clear Politics, and The Federalist.

Despite NewsGuard’s obvious bias the government continues to fund its efforts, bankrolling a payout of $750,000 from the Department of Defense. Similarly, GDI received significant State Department funding, at least until its unconstitutional actions were exposed by the Washington Examiner.

That which government is constitutionally prohibited from doing, it cannot contract with others to do. Please ensure that Section 1532 is preserved in the final version of the NDAA.

John M. Pierce

Chairman

National Constitutional Law Union

NCLU Chairman John M. Pierce Bests DOJ Twice In One Week In Major January 6th Sentencing Successes

Over the course of three days in late July, NCLU Chairman John M. Pierce beat back Department of Justice efforts to incarcerate two January 6th defendants who had pleaded guilty to non-violent charges. In the case of United States v. Michael Gianos, the defendant pleaded guilty to one count of 18 U.S.C. § 1752(a)(1), Entering and Remaining in a Restricted or Grounds, a Class A misdemeanor charge that carries a maximum one-year imprisonment. Despite engaging in no violence or property destruction that day and taking responsibility for his actions, the DOJ still sought to imprison Mr. Gianos for three months. One reason is that he wore a Gadsden-flag “Don’t Tread On Me” hooded sweatshirt. Because the sweatshirt coincidentally was the same colors (black and yellow) as the purported Proud Boys “colors,” the DOJ argued this somehow supported a three-month prison sentence. However, Pierce was able to persuade the District Court Judge that considering all the circumstances surrounding Mr. Gianos’ conduct that day and his personal characteristics, he should not be incarcerated for any period. Rather, he was sentenced only to a short home detention and probation period.

A couple of days later, sentencing occurred in the case of United States v. Timothy Hart; the defendant pleaded guilty to 18 U.S.C. § 231(a)(3), Civil Disorder, a felony with a maximum five-year imprisonment. Despite engaging in no violence or property destruction that day and taking responsibility for his actions, the DOJ sought to imprison Mr. Hart for four months. During a lengthy sentencing hearing that included allocutions from Mr. Hart and his wife, Pierce was able to persuade the District Judge that considering all the circumstances surrounding Mr. Hart’s conduct that day as well as his standing in the community as a small business owner and family man, he should not be incarcerated for any period. Instead, he was sentenced only to a short home detention and probation period.

These results further establish an unprecedented track record of success for NCLU-affiliated attorneys in January 6th cases, including representing the most January 6th defendants and defeating at least 14 counts, which have included jury acquittals on Obstructions of Official Proceedings and Seditious Conspiracy in some of the most high-profile January 6th cases to date.

© 2024 National Constitutional Law Union.