Updates

The National Constitutional Law Union has published a legal strategy memorandum that articulates a theory of presidential immunity that can be applied to each of the three Trump indictments. In essence, the argument boils down to a simple question: “Could George Washington have been prosecuted if he took similar actions and if the relevant statutes existed while he was President?” If the answer is “no,” then it is equally improper to prosecute Mr. Trump under these indictments, given that Bruen and Dobbs mandate that all constitutional provisions be applied in accordance with their fixed meaning in 1787-1789.

You can read the full memorandum by the National Constitutional Law Union’s Co-Director of Litigation, Todd J. Aldinger, here.

Over the course of three days in late July, NCLU Chairman John M. Pierce beat back Department of Justice efforts to incarcerate two January 6^th 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 6^th cases, including representing the most January 6^th 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 6^th cases to date.

The National Constitutional Law Union (NCLU) proudly announces that we have recently joined the Free Speech Alliance, a subsidiary of the Media Research Center.

The Free Speech Alliance (FSA) comprises more than 130 organizations and individuals who oppose silencing conservative voices on social media.

The NCLU hopes this partnership will help strengthen the NCLU and FSA’s shared vision to tackle the following:

1. Amending Section 230 so it no longer abets Big Tech censorship of conservatives.
2. Stop the federal government and Silicon Valley from colluding to silence opposition.
3. Protect children from predatory practices online.
4. Use antitrust legislation as needed.
5. Protect users’ data privacy from invasive policies of social media companies.
6. Work to end woke ESG standards that harm American businesses.

Conservatives are under attack. Conservatives face an existential crisis as social media giants, in collaboration with the radical Left, root out and silence conservative speech on their platforms and across the Internet. This is the worst threat to free speech our country has ever faced.

The conservative movement’s future depends on our ability to communicate our message. If Facebook, Twitter, and Google censor conservatives on the Internet, the modern-day public square, everything conservatives have fought for is at risk. The Left will control the narrative. The Internet is truly the new battleground for liberal media bias.

For the last several years, Silicon Valley has grown more powerful, and they are abusing that power to censor conservative thought, individuals, and organizations. Big Tech’s power over our public dialogue threatens our Constitutional Republic. This must stop. This problem will not improve until conservatives draw a line in the sand and reject the toxic influence of Big Tech cash. Big Tech money is politically toxic waste.

The National Constitutional Law Union will continue seeking partnerships and coalitions with like-minded organizations to further our core mission.

In a dramatic turn of events, attorneys led by John M. Pierce, Chairman of the National Constitutional Law Union (NCLU), have issued subpoenas to several members of Congress, including Speaker Kevin McCarthy and Representatives Marjorie Taylor Greene, Matt Gaetz, and Jim Jordan. The subpoenas come as part of the ongoing efforts by the NCLU to uncover the truth behind the events that unfolded on the fateful day of January 6th, and they signal a significant escalation in the investigation’s intensity.

John M. Pierce, Chairman of the NCLU, stated, “We are fully committed to pursuing justice and uncovering the truth about what transpired during the January 6th Capitol riot. Our aim is to ensure accountability for all those involved, regardless of their positions or affiliations.”

Roger I. Roots, an NCLU-affiliated attorney, added, “The issuance of these subpoenas marks a critical phase in our pursuit of transparency and accountability. Our legal team is dedicated to a thorough and impartial investigation to uphold the principles of justice and safeguard our democracy.”

Roots further emphasized, “It is imperative that all Members of Congress who have received these subpoenas cooperate fully with the investigation. By doing so, we can work towards healing the wounds caused by the events of January 6th and uphold the integrity of our democratic institutions.”

The NCLU, known for its unwavering dedication to upholding the rule of law and promoting transparency in governance, is determined to conduct a thorough and impartial inquiry into the events surrounding the January 6th riot.

The NCLU is currently representing over 37 January 6th defendants who are facing prosecution in the aftermath of the Capitol riot. The NCLU is committed to ensuring that each defendant receives fair and just treatment under the law.

As the investigation unfolds, our nation faces a critical moment of reflection on the principles that underpin our democracy. The pursuit of truth and accountability is paramount to ensuring that such events never recur, and it is crucial that all parties, including elected officials, cooperate fully with the legal process.

One of the issued subpoenas states, “You are hereby commanded to produce all documents, records, electronic communications, and any other relevant information pertaining to communications with individuals involved in the January 6th Capitol riot or related activities. You are also commanded to appear for a deposition and provide sworn testimony regarding your actions and knowledge leading up to and during the events of January 6th.”

These subpoenas represent the first time in which members of Congress have been subpoenaed to testify for a January 6th trial.

At the National Constitutional Law Union, we remain steadfast in our commitment to supporting the fair and thorough investigation into the January 6th Capitol riot. Our mission is to promote transparency, accountability, and justice in all matters concerning our nation’s governance.

We will continue to closely monitor the developments in this investigation and provide updates as more information becomes available. Our thoughts are with all those affected by the events of January 6th, and we stand united in our commitment to upholding the principles that make our nation strong.

One week ago, in the federal district courthouse in Washington, DC, Chairman of the National Constitutional Law Union John Pierce and his law partner Roger Roots won a stunning jury verdict for January 6^th defendant Kenneth Joseph Thomas.  After four full days of jury deliberations, Thomas (a Navy combat veteran, independent minister, and father of four) was acquitted of a twenty-year felony charge called “obstruction official proceedings,” as well as physical violence on restricted grounds and physical violence on Capitol grounds. The jury also hung on an assault on a federal officer charge, as well as disorderly conduct on Capitol grounds. Those charges were then dismissed. This jury verdict was the best  January 6^th defense jury verdict obtained so far and dealt a blow to the DOJ’s narrative that the January 6^th protestors who came to DC to have their voices heard were “armed insurrectionists”  determined to overthrow the government.  

John Pierce – who has previously represented George Papadopoulos, Carter Page, Rudy Giuliani,  Tulsi Gabbard, Kyle Rittenhouse, and others – represents the most January 6th defendants of any lawyer in the United States. His work for the January 6th defendants is largely credited for stopping the government narrative in its tracks and helping to open the eyes of the American People about what happened at the Capitol that day. JPL partner Roger Roots, who tried the Thomas case along with Pierce, had previously obtained the sole seditious conspiracy acquittal in the trial of five members of the Proud Boys earlier this year. JPL currently represents 34 defendants, with several cases set for trial during the second half of 2023 and trials already scheduled for 2024.  

Speaking about the Thomas verdict, Pierce said, “This is an incredible win for Joe Thomas and all  January 6^th defendants. I think we did a terrific job selecting the best jury we could in a very challenging venue. We picked apart the credibility of the government’s witnesses, and we made the strategic decision to put Joe on the stand in his own defense. He was extremely credible, and the jury clearly believed his testimony that he came to DC that day not to obstruct Congress, but rather to have his voice be heard about the 2020 election. He also acted to protect other protestors from the excessive use of force he witnessed that day by law enforcement. Joe  repeatedly said that day he wanted peace and freedom, not violence.”  

Pierce credited the jury for their work on the case. “This jury went through the evidence and the jury instructions with a fine-tooth comb. They deliberated for four long days and had over a  dozen questions for the judge that were extremely nuanced. I think this case goes to show that 

with the right lawyers selecting the best jury and fighting over every inch of the terrain, there is hope for January 6th defendants, even in DC. We intend to take every one of these cases to trial and win. Whatever we can’t win at the district court level, we will win on appeal. It is also clear that representing so many defendants is becoming a huge advantage for us. There is a steep learning curve with respect to these cases. The fact we have so many is allowing us to start connecting the dots on a very deep level in terms of what happened at the Capitol that day. This is years’ worth  of work that it is impossible to replicate if you are a law firm that only has one or two of these  cases.”  

Pierce also expressed frustration with the lack of action by Congress on January 6^th. “The GOP-controlled House needs to step it up. They promised the American people they would release the footage, and they have failed to do that. They promised they would launch a real investigation into January 6th, and they have failed to do that too. They have also completely given up the leverage they had with the power of the purse in terms of reigning in the abuses of the FBI and  DOJ in connection with these prosecutions. Honestly, I have no idea what they are doing. If the  House GOP would do its job, we would win more and more of these cases going forward.”  

Today, Chairman of the National Constitutional Law Union John Pierce and former United States Congressman Bob Barr (R-GA) announced the filing of a major, $10 billion-plus federal civil RICO lawsuit against Facebook, Twitter, Mark Zuckerberg, and Jack Dorsey on behalf of Florida congressional candidate Laura Loomer.

The Complaint, filed in the United States District Court for the Northern District of California, alleges what millions of Americans already know – that these social media giants have long engaged in a pattern of racketeering activity, including extortion, all designed to stifle free speech based on political viewpoints under the pretext of upholding “community guidelines.”

Loomer is an investigative journalist and a Jewish conservative woman running for the U.S. House of Representatives in Florida’s 11th congressional district. She has never called for violence, has never engaged in conduct such as “doxing,” and has never supported groups or individuals who engage in or promote terrorism. Notwithstanding this history, because of her political viewpoints, she has effectively been silenced, digitally exterminated, and removed from the modern-day town square through a variety of Orwellian Big Tech tactics. She has been arbitrarily designated a “dangerous individual” and accused of violating “community standards.” All the while, actual terrorist organizations and numerous others who spew violent, hateful, and dangerous rhetoric, including against our own government, are allowed free reign across defendants’ platforms.

Specifically, the Complaint alleges that defendants have engaged in a pattern of racketeering activity, including by violating a number of federal criminal laws, including 18 U.S.C. § 1951 (interference with commerce by threats or violence), 18 U.S.C. § 1952 (interstate and foreign transportation in aid of racketeering enterprises), 18 U.S.C. § 1343 (wire fraud), 18 U.S.C. § 2339B (providing material support or resources to terrorist organizations), and 18 U.S.C. § 2385 (advocating overthrow of government).

Loomer’s Complaint also alleges that a significant factor in Big Tech’s decision to ban her was pressure from Proctor & Gamble (P&G), one of the largest digital advertisers and the biggest

consumer goods product company in the world. In April 2019, P&G’s Chief Brand Officer made clear publicly that it did not want its brands tarnished by “divisive” voices and people like Loomer. The next day, exactly three years ago to the day of the filing of this lawsuit, Loomer was designated a “dangerous individual” by Facebook in its scramble to appease one of its largest advertisers.

Loomer’s co-counsel John Pierce, who recently founded the National Constitutional Law Union, states, “It is time for Big Tech tyranny to come to an end. For too long, Americans have sat idly by while companies like Facebook and Twitter have warped public debate with their algorithms, so-called fact-checkers, and shadow-banning.” Pierce added, “Laura Loomer is a passionate and patriotic American who has been a general election candidate for the House of Representatives and who is currently outpacing an incumbent Member of Congress in fundraising for the 2022 primary election. The idea that she can be silenced by Big Tech with the push of a button because she is conservative is absurd, dangerous, and un-American. In this legal action, we will fight to ensure that Ms. Loomer’s voice is not silenced, and that vital constitutionally guaranteed rights are protected in the digital age.”

Loomer is also represented by former Georgia Congressman Bob Barr, founder of the non-profit Liberty Guard, which is headquartered in Atlanta, Georgia. “I am no stranger to the robust political debate that is so crucial to a well-functioning democracy,” said Barr. He added, “It is noisy and at times unpleasant, but absolutely essential to our freedom as Americans. We cannot allow companies like Facebook and Twitter to decide who gets to say what in the digital town square and still claim to live in a free society, particularly when those companies reap significant financial gain from advertising on their platforms based on the promise of uncensored speech, and then turn around and do precisely what they promised not to do. I am honored, along with John Pierce, to be representing Ms. Loomer as we seek to hold defendants accountable for this censorship that has continued for far too long. The freedom of future generations of Americans depends on standing up to social media giants now, while we still can.”

Loomer said she relishes the fight to come. “Just as I fight for regular, freedom-loving Americans every day on the campaign trail and soon in the halls of Congress, I look forward to taking on Facebook, Twitter, Mark Zuckerberg, and Jack Dorsey in the courtroom. Exactly three years ago today, Facebook, without any due process or regard for my safety and reputation, designated me and several other conservatives as “dangerous individuals.” For the last five years of my life, I have been living life as the “most banned woman in the world,” digitally exterminated by Big Tech from participating in the digital public square. As the first and only de-platformed federal candidate in the United States, I am watching what has happened to me happen to countless other Americans. I cannot and will not stand by while America loses many of our most important individual liberties, including freedom of expression, freedom of association, and free and fair elections. No matter how long it takes and no matter how hard the fight, we will prevail and bring the forces of censorship to heel!”

The National Constitutional Law Union sent an open letter to United Teachers Los Angeles President Cecily Myart-Cruz regarding the UTLA resolution to support the Boycott, Divestment, and Sanctions movement against the State of Israel.

Full letter below:

Dear Ms. Myart-Cruz:

I write with great concern regarding United Teachers Los Angeles’ (the “UTLA”) recent resolution in support of the anti-Israel “Boycott, Sanctions and Divestment” movement (“BDS”). This resolution seems designed to further your personal political agenda rather than to benefit either the teachers who are members of your union or the hundreds of thousands of Los Angeles-area students they are supposed to serve. An American public teachers’ union should not be attacking one of America’s longest-standing allies that, like the United States, is one of the last beacons of freedom and democracy in the world.

Your resolution states, in the relevant part, as follows:

“Moved, that UTLA express our solidarity with the Palestinian people and call for Israel to end bombardment of Gaza and stop displacement at Sheikh Jarrah.

Further moved that UTLA calls on the administration of US. President Joe Eiden to stop aid to Israel.

Further moved that UTLA endorse the international campaign for boycotts, divestment, and sanctions against apartheid in Israel.“

First and foremost, you, in your role as UTLA President and the UTLA, should be focused on educating Los Angeles students, not interfering in American foreign policy. If you wish to engage in left-wing political activism (the NCLU will always fight for your and all other Americans’ Ist Amendment right to do so), it should have nothing to do with Los Angeles students and their teachers. I recommend you focus on getting all students back to class full-time, with all damaging COVID-related measures ending immediately.

Second, this resolution is extremely one-sided. You make no reference to the more than four thousand (4,000) rockets indiscriminately fired at Israel by Hamas and other terrorist groups. Why? Does Israel have no right to defend itself, in your view? Does Israel have a right to exist, in your view? I think your members and the public would be very interested to hear your direct answers to those questions.

Third, your resolution calls to support the BDS movement against Israel, for the United States to end all foreign aid to Israel, and calls for solidarity with the Palestinian people. Again, this is extremely one­ sided. We all hope and pray fervently for peace in the Middle East. But do you endorse boycotting, sanctioning, and divesting with respect to terrorist groups and the governments that support them? Do you support ending all foreign aid to all nations in the Middle East, or just Israel? Why do you not additionally call for solidarity with the Israeli people, who have been viciously attacked for thousands of years, including especially since the Israeli state was formally created in 1948?

Israel is one of America’s strongest allies. It stands for values like those enshrined in the United States Constitution, such as freedom of the press, capitalism, multi-culturalism, an independent judiciary, and many other rights and values that are at the core of Western Civilization. This cannot be said for the terrorist groups that routinely attempt to exterminate Israel and the government regimes that support them.

Finally, Arabs make up approximately 1/5 of Israel’s population. They enjoy the same fundamental rights as other Israeli citizens. Indeed, Arab-Israeli citizens are freer than Arabs in any other nation in the world (along with Arab-American citizens). Indeed, many Arab-Israelis are members of and represented by the Ra’am political party, which is part of the newly formed Israeli coalition government. The same kind of representative government is not offered to Arabs in Gaza, to say the least. If you truly want to advocate for fair treatment of Arabs around the world, there are many better targets to take aim at rather than the State of Israel.

As UTLA President, the NCLU sincerely hopes you will consider immediately withdrawing this resolution. If not, the NCLU calls on all UTLA members to roundly reject this resolution if it comes to a full vote before the UTLA. The UTLA has more than enough work to do focusing on its actual mission, which (as I understand it from the Preamble to your organization’s constitution) has nothing to do with attacking the State of Israel or engaging in Middle East foreign policy.

Please feel free to reach out to me directly if you wish to have a productive dialogue on this matter. The NCLU wishes the UTLA the very best in its role of representing Los Angeles teachers and working towards improving the educational system for Los Angeles students.

Sincerely,

John M. Pierce

Chairman

National Constitutional Law Union

Today, John Pierce announced the formation of the National Constitutional Law Union Inc. (the “NCLU”). The NCLU is a non-profit social welfare organization. Its mission is to preserve and protect the United States Constitution and the American way of life by providing legal support and funding to individuals whose Constitutional rights, civil liberties, and similar rights are being violated or in jeopardy.

The NCLU is being founded and initially staffed by the best and brightest attorneys who already are currently litigating some of the most important of these cases in history. They have watched in the past several years, the combination of government overreach, Big Tech tyranny, and other developments put the Constitution and related rights at serious risk.

The NCLU will provide funding directly to clients and their law firms who are waging these battles every day. Substantial funds will go to a firm owned by Pierce specifically for the legal fees and costs of clients whose cases fall within the full mission statement of the NCLU as determined in the sole discretion of the Board of Directors and approved by those clients. Also, the NCLU will fund other law firms and their litigants.

In addition, the NCLU will be building a legion of internal staff attorneys across the country who will directly engage in litigation in state and federal courts in all jurisdictions. The NCLU will also engage in public advocacy with respect to the issues set forth in the full mission statement.

Pierce’s firm currently represents numerous defendants in connection with the events at the United States Capitol on January 6, 2021. It also represents former Donald Trump campaign aide Carter Page in multiple litigations relating to the FISA abuse perpetrated in connection with the 2016 Presidential election. In addition, it currently represents Jake Gardner, a Marine combat veteran who tragically took his own life after being wrongfully charged following a self-defense shooting, as well as Amanda Ensing, a Latina beauty influencer who was defamed and “canceled” by Sephora for conservative social media posts. Previously, Pierce and his firm have represented Mayor Rudy Giuliani, Kyle Rittenhouse, Tulsi Gabbard’s Presidential campaign (against Google and Hillary Clinton), and George Papadopoulos (in connection with seeking a pardon from President Trump in connection with the “Russia Hoax”).

Pierce made clear that the creation of the NCLU was inspired by and is in direct response to increasing government tyranny in the United States, as well as the American Civil Liberties Union’s shift to the extreme left in the past years. He explained that “our Constitutional rights are being shredded daily and at an accelerating pace by a tyrannical government. If freedom-loving Americans do not unite to stand up for these rights, they will be lost forever. We believe the most important thing that can be done to protect liberty is to fight in court for those who do not have the means or ability to fight for themselves. The ACLU has lost its way. It no longer fights for the Constitutional rights of all Americans. Rather, it has become a weaponized tool of the radical left. The NCLU is stepping into the void created by this development and will stand up for the individual liberties of all American citizens, regardless of political persuasion.”

Although Pierce describes himself as an America First conservative populist and has represented numerous conservative clients, he made clear that the NCLU is not only for conservatives – but rather for all Americans: “While I am very proud of my work for conservative clients, my firm has also previously represented a Democratic Presidential candidate, as well as major corporations and financial institutions that lean strongly to the left. The NCLU’s mission is to preserve and protect the United States Constitution. That is a document that, thank God, still applies to all American citizens. We will fight for those on the left, right, and center when their Constitutional rights and civil liberties are under threat. The United States Constitution and the American way of life are unique in all history and serve as a beacon of freedom and hope to all humankind. This is perhaps their hour of greatest danger. If we do not stand up and fight for them now, we will lose them forever.”