Here are the highlights for June:
* On June 6, we sent a letter to the Saginaw County Sheriff (Michigan) on behalf of members of a pro-life group, alerting the Sheriff that an abortion center has constructed an underground sprinkler system in the public right of way, and that it is likely that the center will use the system to deter or prevent pro-lifers from exercising their First Amendment rights to sidewalk counsel, distribute pro-life literature, and display pro-life signs.
The letter warns the Sheriff that he has a duty to protect the pro-lifers’ right to free speech and not to side with those who seek to suppress pro-life viewpoints.
* On June 10, we were retained to represent Fr. Fidelis, a pro-life Catholic priest from New York, who is the latest target of Biden’s Department of Justice, which has been weaponized to attack political opponents and pro-lifers.
This past May, the DOJ filed a federal civil lawsuit under the Freedom of Access to Clinic Entrances Act (FACE) against several pro-lifers arising out of two peaceful rescues held at abortion centers in northern Ohio in June 2021.
Fr. Fidelis was found guilty of a simple trespass as a result of charges brought by a local prosecutor. Now, the DOJ wants to federalize a local misdemeanor offense by using FACE, which carries draconian civil and criminal penalties, as its weapon of choice.
The DOJ’s lawsuit turns federalism on its head. We intend to file a motion to dismiss on or before August 1.
* On June 20, we served the City of Los Angeles with notice that we intend to file a lawsuit against the City for effectively taking private property in violation of the Takings Clause of the U.S. Constitution and for creating public nuisances. The notice is a procedural requirement prior to suing the City.
Our lawsuit is ready for filing, and it will be promptly filed once the 45-day notice period expires.
The thrust of the claims of the lawsuit, which we will be filing on behalf of our client, a substantial property owner-manager, is that the City has failed to control homelessness and that the homeless encampments occupying his property and surrounding properties have caused, and continue to cause, significant property damage and financial loss.
* On June 25, we were informed by the U.S. Court of Appeals for the Tenth Circuit that our case defending Wayne Brown, a Tulsa, Oklahoma police officer who was fired for conservative Facebook posts he made years prior to his hiring as a police officer, has been selected by the court to be argued at the University of Colorado law school in September.
On occasion, the court will select “interesting” cases to be argued at law schools for the benefit of the students. It will be a Tenth Circuit case in all other respects (circuit court judges, court staff, etc. . .).
* We are preparing an application for leave to appeal to the Michigan Supreme Court in our case representing four pro-lifers who were arrested, charged, and convicted of a felony for their non-violent and peaceful actions at an abortion center in Flint, Michigan in 2019.
Our application and brief in support will be filed in July.
* Our defense of Andy Hess, the Michigan man who is the subject of a politically-motivated “terrorist threat” felony charge, continues.
We began the “preliminary examination” in this case on May 30, and it was scheduled to continue on June 21. However, the court abruptly canceled the hearing due to the heat wave and the fact that the AC in the courthouse was not working.
The hearing is scheduled to continue on July 26 at 10 am in Pontiac, Michigan.
We also have pending a motion to dismiss, which should be argued at this next hearing.
* Our efforts to save “Baby Doe” from the Taliban continue as we battle Gitmo lawyers from large law firms who have engaged in a battle of legal attrition in an effort to wear us down. It won’t work.
As you know from prior reports, Baby Doe was miraculously rescued from the battlefield of Afghanistan and adopted by a Marine family.
Thank you for your prayers and financial support. We couldn’t do what we do without them!