Note: Today begins a news WND series entitled “VIP Q&A,” interviews with prominent newsmakers by columnist Myra Adams.
Today’s Q&A is with Jay Sekulow, chief counsel of the American Center for Law and Justice (ACLJ), one of the most prestigious law firms in the country. He is an accomplished Supreme Court advocate, renowned expert on religious liberty, a No. 1 New York Times bestselling author and respected broadcaster.
WND: WND readers will be interested in knowing that the ACLJ is representing a board member of The Center for Medical Progress (CMP) in a lawsuit recently filed by the National Abortion Federation (NAF) to prevent the Center from releasing videos pertaining to NAF. CMP is a pro-life investigative journalism group that has released multiple videos showing Planned Parenthood discussing the dismemberment and sale of body parts of unborn babies. Can you tell us how the ACLJ got involved in this high-profile case? What is your strategy for winning so that all of your client’s controversial videos can be released for public viewing?
JAY SEKULOW: At the American Center for Law and Justice, we have focused for years on protecting the rights of the unborn. When we learned about and first viewed these shocking videos, we were sickened and stunned, as were millions of Americans.
What is particularly disturbing is the fact that the Planned Parenthood officials in the video discuss the tactics used to harvest unborn baby parts, admit that this is a money-making venture for them and even discuss the sale of complete babies – “intact fetal cadavers,” as the one abortionist called it.
When the National Abortion Federation filed a federal lawsuit to block The Center for Medical Progress – and its top officials – from releasing any videos involving the NAF, we got involved. Several of our contacts in the pro-life arena put us together with CMP officials including one board member who is named as a defendant in the suit. I discussed this case with our legal team, and I knew immediately that we would get involved and assist in this massive and complicated case.
We represent one defendant – Troy Newman – who is a CMP board member. We are planning an aggressive defense of our client’s First Amendment rights – a defense we are privileged to provide.
We have argued that a Temporary Restraining Order (TRO) – which bars the release of any videos involving the NAF and remains in place through Aug. 26 – represents “an invalid prior restraint” that violates the “freedoms of speech and the press.”
Our brief filed with the federal court is clear: “NAF has done nothing to prove a clear and present danger or a serious and imminent threat to a protected compelling interest attributable to Defendants’ investigative journalism, which strives to inform the public of likely criminal wrongdoing.”
This lawsuit by the NAF is an unwarranted attack on the First Amendment, an attempt to censor and silence the brutal truth about abortion.
We remain committed to using every legal avenue available to ensure that our client can tell the complete troubling story of an abortion industry that is in business to profit from the dismemberment and sale of babies’ body parts.
WND: Recently, in your Fox News.com editorial headlined: “Let’s not forget about the IRS scandal,” you wrote:
The real problem is that we have an IRS that is corrupt and out-of-control, and an administration that ignores the Constitution by implementing an unprecedented and well-orchestrated scheme to unlawfully target groups because of their conservative political beliefs – including dozens of organizations that we represent in federal court.
Given your summary of the IRS case, coupled with the title of the Fox News opinion piece, are you concerned that public and media outrage is on the wane? Has the IRS scandal now just become a “Fox News story,” making it easier for the left to dismiss and ridicule?
SEKULOW: As I stated during my testimony before the Oversight Subcommittee of the Senate Committee on the Judiciary on July 29, the situation at the Internal Revenue Service is out of control.
We have been litigating this case for years in federal court – representing dozens of organizations that have been unconstitutionally targeted because of the conservative political beliefs.
It’s troubling that President Obama as well as his Justice Department have looked the other way – not only ignoring this tremendous breach of trust with the American people, but President Obama himself once again continuing to assert that there’s no IRS scandal at all. In a recent interview, the president “explained that accusations that [the IRS was] specifically targeting conservative organizations was false and that IRS employees were simply implementing laws passed by Congress ‘poorly and stupidly.'”
President Obama further stated that the “real scandal around the IRS is that they have been so poorly funded that they cannot go after these folks who are deliberately avoiding tax payments.”
To be clear, the problem is not that the IRS doesn’t have enough money. The real problem is that we have an IRS that is corrupt and out-of-control, and an administration that ignores the Constitution That is why it is so critical that Congress continue with its investigations and while our federal litigation is so important.
What’s even more incredible, there’s evidence that the targeting scandal that began years ago is still active today. That’s right. A recent report from the Government Accountability Office (GAO) revealed that Americans are still vulnerable to targeted IRS audits.
As the GAO put it: “Unfortunately, the IRS has not taken sufficient steps to prevent targeting Americans based on their personal beliefs.”
And, now there’s even more evidence in a just-released report by the Senate Finance Committee after a two-year investigation. The findings of the bipartisan report: gross mismanagement at the IRS – including by former top IRS official Lois Lerner – during the targeting scandal. But more than that, the evidence shows partisan political animus resulted in the unwarranted targeting of conservative groups because of their political beliefs.
This new report confirms what we knew all along. The IRS systematically targeted conservative groups, subjected them to extreme delays and unconstitutionally demanded they answer burdensome and intrusive questions.
Almost since the beginning, the mainstream media have ignored this serious targeting scandal. But the American people deserve the facts. They deserve the truth. And we won’t stop until that occurs.
Since this scandal was revealed more than two years ago, there has been no accountability. No one fired. No one indicted. That must change.
WND: The first paragraph of ACLJ’s mission statement reads as follows:
“Founded in 1990 with the mandate to protect religious and constitutional freedoms, the American Center for Law and Justice (ACLJ) engages legal, legislative, and cultural issues by implementing an effective strategy of advocacy, education, and litigation that includes representing clients before the Supreme Court of the United States and international tribunals around the globe.”
In the 25 years since ACLJ was founded, how has your organization’s mandate to “protect religious and constitutional freedoms” become more challenging?
SEKULOW: It’s truly been a privilege and honor to have played a role in this important work for a quarter of a century now.
Over the years, the scope of the work has changed. In the early years, the issues were different – and so were the legal challenges.
In the early years, a lot of the litigation involved the rights of students and religious groups – including several landmark cases which have become part of the legal landscape in the area of religious liberty litigation.
In critical cases which I was privileged to argue before the U.S. Supreme Court, we were able to clear the way for public school students to form Bible clubs and religious organizations on their school campuses.
In another case – the Lamb’s Chapel case – we defended the free speech rights of religious groups, ensuring that they be treated equally with respect to the use of public facilities.
And, in McConnell v. FEC, we ensured that the constitutional rights of young people remain protected with a unanimous decision by the high court guaranteeing that minors can participate in political campaigns.
From the beginning we had a mandate to “protect religious and constitutional freedoms.” That has not changed.
However, in today’s world, the issues are different, and the mandate is often more challenging.
In a post-September 11th world, many of the challenges are now coming from abroad and center on life-and-death issues – like the slaughter of Christians by radical Islamic terrorists – including ISIS and other organizations.
In today’s world, protecting religious freedom takes on a new sense of urgency – especially when the lives of so many Christians are being threatened and are actually under attack.
We see the beheadings. We see the attacks. We see the cold-blooded murder of innocent people who are being targeted and eliminated simply because of their Christian faith.
That is why it has been so important for the ACLJ to expand globally – a realization that what began as a mission to protect religious liberty in this country now involves an international outreach.
In a world where Christians face discrimination, violence and even death for practicing their faith, we believe that religious liberty – religious freedom – is an international right, a global concern.
That’s exactly why our international outreach is so important. We launched the European Centre for Law and Justice (ECLJ) – based in Strasbourg, France, the seat of the European Court of Human Rights. We also have offices around the world: Russia, Kenya, Zimbabwe, Pakistan and Israel.
WND: If you had to select one issue or case within ACLJ’s current portfolio that represents the greatest danger or threat to long-term religious and constitutional freedom, what would that issue be and why?
SEKULOW: One of the greatest dangers facing Christians is the growing threat of radical Islam.
I mentioned this briefly in my previous answer, but the truth is this newfound terrorist network is a grave threat to our freedoms and to our faith. These jihadist armies cannot be ignored.
As the Islamic State – ISIS – continues to grow, along with a network of other radical Islamists, one thing is clear: The U.S. is under the greatest threat since 9/11.
President Obama still refuses to address the obvious – even refusing to utter the words “radical Islam.” Here’s the problem: if you don’t name the enemy, you won’t defeat the enemy.
You may recall the stunning assertion President Obama made last fall, claiming ISIS is not Islamic.
Tell that to the families of the Christians who have been beheaded.
It’s past time for Americans to hear this truth. That’s why I wrote “Rise of ISIS: A Threat We Can’t Ignore.”
In the book, I outline a strategy that can succeed. The truth is we must meet ISIS’ strength with America’s much greater strength, partnering with proven allies.
And we can never forget – while ISIS may be the strongest and wealthiest terrorist organization in the world, they are not the only jihadists who seek to kill Americans, destroy Israel and persecute Christianity out of existence. Hamas, al-Qaida, and others are part of the same jihad with the same objectives.
For too long we’ve pretended that we can end wars through our own retreats or that we can win Middle East allies with soothing words. Our enemies have laughed at us, gathered their forces and are now stronger than they’ve ever been.
The first step to fighting back is telling the truth about the threats we face.
Yes, radical Islam represents a grave danger to our freedoms and faith – here at home and abroad. To deny that fact or to pretend this threat isn’t real puts Americans at great risk. And at the same time, it empowers an enemy that is bent on destroying America, our freedoms and our way of life.
WND: Jay, on behalf of WND, thank you for participating in our new “VIP Q&A” series.
Readers are encourage to learn more about all the high-profile legal battles that comprise ACLJ’s caseload. You can connect to Jay Sekulow through Facebook, his personal website, radio show, his blog and on Twitter @JaySekulow. Jay’s most recent book, “UNDEMOCRATIC: How Unelected, Unaccountable Bureaucrats Are Stealing Your Liberty and Freedom” is available at Amazon.
