Tag: ken klukowski
Judge Unseals Coup Evidence Implicating Scott Perry And Trump Attorneys

Judge Unseals Coup Evidence Implicating Scott Perry And Trump Attorneys

Federal investigators have examined email exchanges between three Trump-affiliated attorneys and far-right Rep. Scott Perry (R-PA), a key figure in Republican efforts to overturn the results of the 2020 presidential election, a newly released court order showed.

The revelation emerged after Chief Judge Beryl Howell of the district court in Washington, D.C., granted the Justice Department’s request to unseal two previous court rulings — a memorandum and order from June and a memorandum opinion from September — declaring that the requested communications weren’t protected by any claims of privilege.

The tranche included 37 email exchanges between Perry, coup-plotting Trump attorney John Eastman, and former Justice Department officials Jeffrey Clark and Ken Klukowski; an autobiography draft; and other writing in which Perry and the others discussed subverting the 2020 election.

Sections of the unsealed rulings — first reported by Politico — were redacted but nevertheless offer a clearer view into the DOJ’s swiftly expanding investigation into the January 6, 2021, Capitol attack and efforts by Trump and his allies to damage democracy irreversibly by keeping a defeated president in power.

The order disclosed details of the DOJ’s investigative processes from May through September — including investigators’ acquisition of over 130,000 documents through June search warrants — which included seizing Perry’s phone and searching Clark’s home in June.

The records included email conversations between Perry and Eastman about a phone call and communications between Clark and others disseminating news stories, the unsealed rulings showed, according to NBC News.

Last June the House Select Committee, a bipartisan congressional panel that has investigated the January 6 insurrection, aired testimony by former White House aide Cassidy Hutchinson that Perry had pushed for Clark to take over the DOJ to help illegally keep then-lame duck President Trump in power.

"He wanted Mr. Clark — Mr. Jeff Clark — to take over the Department of Justice," Hutchinson had told congressional investigators of Perry in footage aired at a televised hearing.

Howell’s June opinion highlighted several exchanges that the DOJ’s filter team, on the lookout for records protected by privilege, flagged, including an email Klukowski sent Perry on November 11, 2020, with an attachment titled "Electors Clause/The Legislature option," per Politico.

The document, whose author wasn’t identified, argued "in support of the proposition that 'The Constitution makes state legislatures the final authority on presidential elections,’” Howell noted in the opinion.

Klukowski, NBC News reported, sent Perry another email on Christmas eve with a document titled "State Legislatures Can Self-Convene to Appoint Presidential Electors." No author was named for this document either.

Howell agreed with the filter team in her ruling that the documents weren’t covered by privilege in Klukowski’s case because he "was still employed in the federal government and therefore Congressman Perry could not have been his client.”

In her September opinion, Howell ruled that about 331 documents obtained from Clark, including the outline of an autobiography that Clark had penned recounting Trump’s effort to install him as acting attorney general, weren’t protected by attorney-client privilege.

"The outline's conclusion does not contain thoughts or legal strategies related to the congressional committee investigations, but rather a promise to 'resist communism' and work on 'Covid litigation and against wokeism," Howell said.

Although all four men have loomed large in various government investigations into Trump’s failed 2020 coup, none have been charged.

Clark’s attorney issued a statement on Friday blasting Howell’s decision to unseal the order, decrying the release as “incumbent on those at the department who sought this unsealing to explain why doing so is anything other than a calculated move to increase pressure on those being scrutinized as part of the investigation and to prejudice a possible future jury pool.”

White House Budget Office Hires Anti-Gay Zealot

White House Budget Office Hires Anti-Gay Zealot

Reprinted with permission from MediaMatters

Breitbart.com writer Ken Klukowski has joined the White House’s Office of Management and Budget. The right-wing pundit and lawyer has a history of pushing anti-LGBTQ commentary, including telling readers there’s a “homosexual agenda” moving forward in the courts and falsely claiming that research proves that same-sex parents are bad for children.

Klukowski has worked for a variety of right-wing organizations, including Breitbart.com, the American Civil Rights Union, First Liberty Institute, Liberty University School of Law, and Family Research Council. As a lawyer, Klukowski has filed numerous briefs supporting right-wing causes. He joined the Office of Management and Budget (OMB) as a special counsel in late August. OMB, which is under the direction of Mick Mulvaney, “oversees the performance of federal agencies, and administers the federal budget.”

Klukowksi was previously the director of the Center for Religious Liberty at the Family Research Council. Family Research Council is an influential and extreme anti-LGBTQ group with high levels of access to the Trump-Pence administration. The organization has compared LGBTQ people to pedophiles and advocated for the discredited and harmful practice of conversion therapy. It also  states on its website: “Family Research Council believes that homosexual conduct is harmful to the persons who engage in it and to society at large, and can never be affirmed.”

Klukowski is also an ally of the Alliance Defending Freedom (ADF), another of the most influential anti-LGBTQ groups in the country. Sarah Posner wrote in The Nation that “Klukowski has said that he attended ADF legal trainings, and he also authored a rosy profile of the organization for Breitbart in 2012, in which he lauded its ‘massive and growing impact in courtrooms across America.’” He joins numerous other ADF-allied lawyers who have held government positions; Media Matters has identifiedmore than 100 such allies who worked in Congress, federal agencies, state and federal courts, city and state governments, and local school boards in 2018.

As a commentator, Klukowski frequently warned against LGBTQ equality, claiming, for instance, that “the entire homosexual agenda is moving forward in federal court, where judges are disregarding the will of the American people.” He’s also attacked same-sex parenting, falsely claiming that research shows that having “two parents – one man and one woman” gives children the best chance to succeed.

Klukowski: “The entire homosexual agenda is moving forward in federal court, where judges are disregarding the will of the American people.” From a September 2010 op-ed in the Washington Examiner by Klukowski, h/t GLAAD:

The Perry and Log Cabin cases, taken with the recent Massachusetts federal decision striking down the Defense of Marriage Act (currently on appeal), paint a picture of astounding judicial activism.

The entire homosexual agenda is moving forward in federal court, where judges are disregarding the will of the American people, as expressed through the democratic process. Agenda-driven judges are doing this by declaring brand new constitutional rights not found anywhere in the words of the Constitution, mowing down every law that stands in their way.

Klukowski: “The fundamental institution of human civilization should be preserved as it has been known through the entirety of American history and Western civilization.” In an August 2010 op-ed he wrote for FoxNews.com with Family Research Center’s Kenneth Blackwell, Klukowski warned Republicans against accepting same-sex marriage, writing:

The GOP platform could not be more explicit: Marriage is the union of one man and one woman. The fundamental institution of human civilization should be preserved as it has been known through the entirety of American history and Western civilization. Supporters of same-sex marriage had the full opportunity to make their case to the party. They made it, and they lost.

Klukowski falsely argued that same-sex parents won’t give “children the best chance to become happy and successful.” In a 2011 Daily Caller op-ed written with Blackwell, Klukowski claimed that research proves that same-sex parents are inferior to opposite-sex parents. In reality, Cornell University’s Public Policy Research Portal wrote that there’s “an overwhelming scholarly consensus, based on over three decades of peer-reviewed research, that having a gay or lesbian parent does not harm children.”

The data contradicts [MSNBC host Chris Matthews’] televised encyclical.

Children thrive best in a household with a father and a mother. Not just two individuals who call themselves “parents” — and if both adults are of the same gender, it is biologically impossible for them to both be the natural parents — but a father and a mother.

Men and women are equal, but not interchangeable. The research — as exemplified by our colleague Dr. Pat Fagan in his new report — show that the economics are compelling: While there are exceptions to every social norm, men and women tend to bring different strengths to raising children. Firmness and gentleness. Physical security and emotional security. Challenges and comfort. Discipline and nurturing.

Many families do not have the benefit of both parents. Often the reasons behind this reality rightly tug on our heartstrings. And millions of single parents deserve lavish praise for their magnificent work at raising wonderful children, with inspiring personal success stories.

But the ideal remains. Two parents — one man and one woman — raising their children in a loving and supportive marriage gives children the best chance to become happy and successful.

Klukowski: “The social science is clear that children thrive best not just in the two-parent home but in a home with a biological father and biological mother.” Klukowski also repeated his false claim about same-sex parenting during a February 23, 2012, appearance on Fox Business’ Stossel (via Nexis):

JOHN STOSSEL (HOST): If the state approves marriages between heterosexuals people, why not gays?

KEN KLUKOWSKI: Well, the states are softening in that regard and every chance that the states have had to speak in that regard where the voters of the states 30 of them have adopted — have adopted constitutional amendments —

STOSSEL: It’s not the tyranny of the majority just because we have majority rule. Why can’t —

KLUKOWSKI: In this regard, the states are sovereign and the social science is clear that children thrive best not just in the two-parent home but in a home with a biological father and biological mother. People fall short of that all time but government has a vested interest in promoting the ideal even if we all fall short of it to one extent or another.

Klukowski criticized the repeal of Don’t Ask, Don’t Tell because “in the military you are often forced into quarters so close that they’re sometimes nothing short of intimate.” Klukowski wrote in his book Resurgent: How Constitutional Conservatism Can Save America of Don’t Ask, Don’t Tell:

A fantastic example of a failure of leadership is President Obama calling on Congress to repeal the “Don’t Ask, Don’t Tell” law (DADT). Ever since the founding of the Republic, homosexuals have not been able to serve openly in the military. Setting aside religious beliefs, moral convictions, and natural law, this still makes sense, given that in the military you are often forced into quarters so close that they’re sometimes nothing short of intimate, with no privacy or personal space whatsoever in an extremely stressful, emotional, and adrenaline-filled environment. As a sop to the gay rights community, when Democrats had control of both Congress and the White House, President Bill Clinton softened this policy to say that it was still illegal for gays to serve in the military, but that no one could ask you about it so you were okay as long as you didn’t tell anyone or get caught doing anything.

The military is no place for social engineering. No doubt many homosexuals can be trusted not to make sexual advances, just as many heterosexuals can likewise be trusted in close quarters. But we don’t allow men and women to bunk together, or deploy them alone together in a forward position with no privacy, even though we trust them to remain professional and adhere to standards of conduct. Homosexuals should not get any special treatment denied to heterosexuals.

Klukowski: “The media is as much in the tank for gay marriage as it is for every other major part of President Barack Obama’s agenda.” From a July 2013 Breitbart.com column criticizing PolitiFact’s reporting:

In case you just arrived from a different planet and didn’t yet know the media is as much in the tank for gay marriage as it is for every other major part of President Barack Obama’s agenda, you need only read Politifact’s recent post on Tony Perkins, where reporter Amy Sherman claims Perkins’s recent statements on how some wedding vendors are being forced to participate in same-sex marriages “under threat or even jail” are only “half true.”

In fact, Perkins’ claims are entirely true. For an organization that supposedly investigates facts (and incidentally is part of a solidly-liberal newspaper), to say Perkins’ claims are only half true is to post a story that is half fiction.