In the wake of the premature leak of the draft Dobbs decision, far-left pro-abortion activists staged angry and loud protests outside the private homes of the Republican-appointed Supreme Court justices, which is a clear violation of federal law, and to this day it doesn’t appear that any of those activists were arrested or prosecuted.
Now the conservative Heritage Foundation Oversight Project has filed a lawsuit against President Joe Biden’s Justice Department to demand answers on why no action has been taken in that regard, Fox News reported.
The lawsuit filed on Thursday became necessary after Biden’s DOJ ignored and refused to respond to multiple prior Freedom of Information Act requests.
No action after clear violations of federal law
The Oversight Project issued a news release to announce the lawsuit over its failure to comply with the FOIA requests for all responsive communications and documents related to the unlawful protests that occurred outside the homes of sitting Supreme Court justices, both after the leak as well as after the actual decision was published.
The organization noted that it had filed multiple FOIA requests with the DOJ and other agencies under its aegis, including the office of Attorney General Merrick Garland, the Office of Legal Counsel, the FBI, and even the U.S. Marshals Service, which provides security for the justices.
At issue here is the apparent failure of any of those entities to actually enforce a certain federal statute, 18 U.S. Code Sec. 1507, which outlaws “picketing and parading” outside of a judge’s home or other locations for certain reasons.
Specifically, the law states in pertinent part: “Whoever, with the intent of interfering with, obstructing, or impeding the administration of justice, or with the intent of influencing any judge, … in the discharge of his duty, pickets or parades in or near … a building or residence occupied or used by such judge, … or resorts to any other demonstration in or near any such building or residence, shall be fined under this title or imprisoned not more than one year, or both.”
No response to multiple FOIA requests
That law is crystal clear, yet days and weeks of constant protests were staged outside of the homes of Supreme Court justices with a clear intent to influence their final decision on the Dobbs case that ultimately overturned the Roe v. Wade precedent that legalized abortion at the federal level and returned regulation of that issue to the individual states.
The Oversight Project strongly believes that the communications and documents it has sought through FOIA requests will reveal why that law was not enforced and why those far-left pro-abortion protesters, who really weren’t even condemned by the White House for their unlawful actions, were allowed to persist in violating federal law.
Yet, as the organization has decried, its initial request to the DOJ for information was simply ignored, and the DOJ has repeatedly missed deadlines to respond to subsequent requests, all of which itself is also a violation of federal laws.
Why is the DOJ silent, and why hasn’t the law been enforced?
“The Biden DOJ’s silence on these radical protests and obviously intimidating tactics was, and remains to be, deafening,” Roman Jankowski, senior investigative counsel for the Heritage Foundation Oversight Project, said in a statement.
“The American people deserve to know why Joe Biden and Attorney General Merrick Garland not only refused to publicly and unequivocally condemn this behavior, but also why they continue not to prosecute or hold accountable those who facially broke the law in an attempt to influence the proceedings of the Supreme Court,” he added. “We think there are answers to those questions in the documents we have requested, and we have a right by law to those documents.”