Case 3:19-cv-01255-LAB-KSC Document 36-2 Filed 09/10/19 PageID.378 Page 1 of 14 8 ROBERT S. BREWER, JR. United States Attorney ERNEST CORDERO, JR Assistant U. S. Attorney California Bar No. 131865 MICHAEL A. GARABED Assistant U.S. Attorney California Bar No. 223511 United States Attorney’s Office 880 Front Street, Room 6293 San Diego, CA 92101-8893 Telephone: (619) 546-7478/7703 Facsimile: (619) 546-7751 Email: ernest.cordero@usdoj.gov Email: michael.garabed@usdoj.gov 9 Attorneys for Federal Defendants 1 2 3 4 5 6 7 10 11 12 UNITED STATES DISTRICT COURT 13 SOUTHERN DISTRICT OF CALIFORNIA 14 KAJI DOUSA, Plaintiff, 15 16 17 18 19 20 21 22 Case No.: 19-cv-1255-LAB (KSC) v. U.S. DEPARTMENT OF HOMELAND SECURITY (“DHS”); U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (“ICE”); U.S. CUSTOMS AND BORDER PROTECTION (“CBP”); KEVIN K. MCALEENAN, Acting Secretary of DHS; MATTHEW T. ALBENCE, Acting Director of ICE; MARK A. MORGAN, Acting Commissioner of CBP; and PETER FLORES, Director of Field Operations for CBP, San Diego, 23 DECLARATION OF ERNEST CORDERO, JR. Defendants. 24 I, Ernest Cordero Jr., declare: 25 26 27 1. I am an Assistant United States Attorney and a member of the United States Attorney’s Office for the Southern District of California. I am lead trial counsel for the 28 1 Case 3:19-cv-01255-LAB-KSC Document 36-2 Filed 09/10/19 PageID.379 Page 2 of 14 1 Federal Defendants in this action and have personal knowledge of the statements contained 2 in this declaration. If called upon to do so, I could and would competently testify thereto. 3 2. Attached to my declaration as Exhibit 1 is a printout of a downloaded set of 4 pages I obtained from Plaintiff’s Twitter feed @KajiDousa posted and available for public 5 viewing on August 14, 2019. 6 7 8 I declare under penalty of perjury that the foregoing is true and correct. Executed on September 9, 2019 in San Diego, California. 9 s/ Ernest Cordero ERNEST CORDERO, JR. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Case 3:19-cv-01255-LAB-KSC Document 36-2 Filed 09/10/19 PageID.380 Page 3 of 14       EXHIBIT 1      Case 3:19-cv-01255-LAB-KSC Document 36-2 Filed 09/10/19 PageID.381 Page 4 of 14  Home  Moments Pastor Kaji Douša @KajiDousa Tweets  Jesus-follower. Senior Pastor, @ThePark1010 . Co-Chair, @NewSanctuaryNYC . she/her/ella     Search Twitter Tweets & replies Have an account? Log in Media Pinned Tweet Pastor Kaji Douša @KajiDousa · Jul 8 Because I have a voice and won’t be intimidated - even by the most powerful government in the world - I am suing #DHS #ICE #CBP . parkavenuechristian.com So grateful to @aflores & @BuzzFeedNews for sharing my story. Joined June 2015 We MUST be #FreeToPray for every and anyone who needs us. 14 Photos and videos  The Park @ThePark1010 "Under this system of surveillance nobody is safe, nobody gets to question, nobody gets to dissent," @KajiDousa told @BuzzFeedNews. "I'm the nobody for now because I'm a black woman & we're always the testing group, but I'm going to come out stronger bcause I have a great case." …   14  112 260 Pastor Kaji Douša Retweeted  ACLU   @ACLU · 3h BREAKING: The Department of Labor just proposed a rule that aims to let government contractors fire workers who are LGBTQ, or who are pregnant and unmarried, based on the employers’ religious views.  This is taxpayer-funded discrimination in the name of religion. Period.  1.2K  18K 28K Show this thread  Pastor Kaji Douša @KajiDousa Tweets 889 Pastor Kaji Douša Retweeted  Ijeoma Oluo   @IjeomaOluo · 4h Everyone on this plane had to hear me talk to the cops and my son. They are being so sweet. Offering tissues and hugs while I cry. Following Followers  209  284 Show this thread  Likes And 477 my neighbor1,428 stayed with my son until the cops left. My partner has Follow been 2,529 checking on him too. The community is better than the hate of a few. Pastor Kaji Douša Retweeted 7.4K  Case 3:19-cv-01255-LAB-KSC Document Filed 09/10/19 PageID.382 Page 5 of 14 Douša Retweeted  Pastor Kaji36-2 Molly Crabapple  Search   @mollycrabapple · 16h Twitter Home Moments Have an account? Log in     If you're in NYC, these are some righteous orgs. Contribute how you can: donate, call officials, go to protests, get arrested if you're able, visit people in detention, accompany immigrants to court. @JFREJNYC @MaketheRoadNY @CosechaMovement @NewSanctuaryNYC @BAJItweet   4 43 83 Show this thread Pastor Kaji Douša @KajiDousa · 5h Doxing is horrific, y’all. I’m so sorry @IjeomaOluo is having to deal with this.   Ijeoma Oluo   @IjeomaOluo Someone apparently called and said there were two dead bodies in my house. These monsters. Show this thread   1 Pastor Kaji Douša @KajiDousa · 5h Is it just me, or is anyone else wondering if the CO & overtime guard who “fell asleep” at #MCC are black? Because I have expectations of what will happen if they are. #Epstein    1  1 Pastor Kaji Douša Retweeted   deray   @deray · 6h I am being sued by an officer in Baton Rouge who was allegedly hit with a rock in 2016 during the protests. This case was dismissed. Then the 5th Circuit overruled that & said I can be held liable. It makes no sense. Appeals court says activist DeRay Mckesson has no First Amendme… A federal appeals court says a lower court judge was wrong to throw out a lawsuit against a Black Lives Matter organizer on First Amendment grounds. theadvocate.com Pastor Kaji Douša @KajiDousa 889 Tweets  97  760 Following Followers Pastor Kaji Douša Retweeted 477 1,428 2.2K Likes 2,529 Follow  Stanton Jones @RStantonJonesDC · 16h In 2021, GOP-controlled states will try to use this citizenship data from the Census Bureau to draw new congressional and state leg districts. Their goal, in the words of the GOP’s longtime redistricting guru Dr. Hofeller, is to advantage “Republicans and Non-Hispanic Whites.” Case 3:19-cv-01255-LAB-KSC Document 36-2 Filed 09/10/19 PageID.383 Page 6 of 14  Home      @Tierney_MeganHave an account? Log in NEW via Rep. Pressley's office: Census Bureau, in written response confirms, that it will be producing block level data on citizenship voting age population Search Twitter Tierney Sneed Moments Show this thread    1 3 Pastor Kaji Douša Retweeted  Robbie Gramer   @RobbieGramer · 22h The grubby legacy of British imperialism remains in Asia, where two seemingly distinct crises—in Hong Kong and Kashmir—share the same legacy  The World Is Reaping the Chaos the British Empire Sowed Locals are still paying for the mess the British left behind in Hong Kong and Kashmir. foreignpolicy.com   20  86 161 Pastor Kaji Douša Retweeted Suzanne F. Boswell @sf_boswell · Aug 12 Last night, Simone Biles successfully performed a triple double, and the entire world is (correctly) freaking out.  For those interested in the background, here is a short thread explaining *why* the triple double is so difficult. Pastor Kaji Douša @KajiDousa Tweets 889 Following  477 1.0K  Followers 1,428 23K Likes Follow 2,529 79K Show this thread  Pastor Kaji Douša Retweeted Suzanne F. Boswell @sf_boswell · Aug 12 A Si Bil h lf id "It’ t i b k t th t C i  b k Case 3:19-cv-01255-LAB-KSC Document 36-2 Filed 09/10/19 PageID.384 Page 7 of 14  Home  As Simone Biles herself said: "It’s not easy coming back to the sport. Coming back Twitter to the organizationSearch that has failed you... they couldn’t do oneandamn job.Log Youinhad Have account? one job. You literally had one job and you couldn’t protect us."  Moments  Olympic Channel   @olympicchannel Emotional @Simone_Biles expresses frustration toward USA gymnastics at the 2019 U.S. Championships. Show this thread 0:45  160  684 7.2K Show this thread  Pastor Kaji Douša Retweeted   Morgan Jerkins   @MorganJerkins · Aug 13 If you're an Indigenous WOC who wants to do more reporting on issues in tribal nations, contact me: mjerkins@medium.com. I love @RuthH_Hopkins's work and I know there's more stories out there.   4  38 42 Pastor Kaji Douša Retweeted   The Economist   @TheEconomist · Aug 11 America cannot have a cheap currency, a trade conflict and a thriving economy all at once Dangerous miscalculations America cannot have a strong economy, a trade war and a weak dollar at the same time economist.com  11  142 303  Pastor Kaji Douša @KajiDousa · Aug 11 When “bullet-resistant” children’s backpacks become the norm in our country...(& btw: they apparently can’t withstand high-magazine weapons.)  Pastor Kaji Douša @KajiDousa Tweets 889  Katie Phang   @KatiePhang “Prices range from $160 to $490. Most are JanSport or High Sierra backpacks retrofitted with ballistic panels sewn into the back. The smallest offering, the "Junior Pack," is suggested for preschoolers.” cnn.com/2019/08/08/us/… Following  477  Followers 1,428 1 Pastor Kaji Douša Retweeted Likes 2,529 Follow 2  Stephanie Kendell @skendell · Aug 10 Join me tomorrow at 11am at @ThePark1010 and see what Kris Kross’s Jump, Toni Morrison, Psalm 28, and 400 people showing up to a birthday party have to do Case 3:19-cv-01255-LAB-KSC Document 36-2 Filed 09/10/19 PageID.385 Page 8 of 14 Morrison, Psalm 28, and 400 people showing up to a birthday party have to do  Home  with eachother. Moments  Search Twitter  2 2  Have an account? Log in  Pastor Kaji Douša @KajiDousa · Aug 10 The *only* person I trust right now in this is NY AG @TishJames .  2  15 80 Show this thread Pastor Kaji Douša @KajiDousa · Aug 10 So. I don’t know the law. But I do know MCC is in NYC. @JumaaneWilliams & others: what’s the chain of custody? Who watches over the evidence?  Bc we cannot allow any more inconvenient/convenient mess ups in this #epsteinDead case.  Seth Abramson   @SethAbramson BREAKING: twitter.com/PaulaReidCBS/s…  1  5 21 Show this thread  Pastor Kaji Douša Retweeted  Preet Bharara   @PreetBharara · Aug 10 There should be — and almost certainly is — video of Epstein’s suicide at MCC. One hopes it is complete, conclusive, and secured.  3.1K  14K  56K  Pastor Kaji Douša @KajiDousa · Aug 10 THIS  jelani cobb   @jelani9 He slit his wrists with Occam’s Razor. twitter.com/CrookedKnight/…    Pastor Kaji Douša Retweeted   Marc Lamont Hill   @marclamonthill · Aug 10 I have no idea how Epstein committed suicide while under suicide watch. There needs to be a thorough investigation. More importantly, I’m saddened for all the people who will be denied answers, explanations, and justice.  136  953 3.4K  Pastor Kaji Douša @KajiDousa · Aug 9 Oh this is beautiful  The Post and Courier   @postandcourier Here in Charleston it really doesn't matter when restaurants open or close because one day the entire city will be underwater, nothing will exist, and all our pain and suffering will disappear.… Show this thread Pastor Kaji Douša @KajiDousa Tweets 889  477  1,428 Following Followers Likes 2,529 Pastor Kaji Douša @KajiDousa · Aug 9 “Cutting through the hedges, caveats and non-denial denials...” Follow  I am a sucker for a good turn of phrase. Especially in pursuit of justice in the land. The lying liars who keep lying to wrest control from the people must be stopped. Case 3:19-cv-01255-LAB-KSC Document 36-2 Filedp 09/10/19 PageID.386 14 y g y g p pPage 9 of pp  Home  Moments  Search Twitter #Census2020 Have an account? Log in Daniel Jacobson @Dan_F_Jacobson We have some things to say about the government's response to our request for sanctions in the Census case. From the reply we just filed:    Pastor Kaji Douša Retweeted   Sherrilyn Ifill   @Sifill_LDF · Aug 9 Under oath before Congress last month, FBI Director Wray testified two weeks ago that white supremacists were the biggest domestic terror threat - not this fabricated “black identity extremists” myth. We want answers from Wray on this. FBI ranks "black identity extremists" bigger threat than Al Qaeda, wh… White supremacist groups are mentioned in the files, however they are described as a "medium threat." newsweek.com  122  1.8K 4.1K Show this thread  Pastor Kaji Douša @KajiDousa Tweets 889 Pastor Kaji Douša Retweeted   Sarah Parvini   (‫ )ﺳﺎرا‬  @sarahparvini · Aug 9 This summer, I spent a lot of time speaking with Uighurs here in California about how the "re-education" camps in Xinjiang have affected them and their families. They said there isn't one among them who hasn't had a friend or family member “disappeared” Following 477 Followers 1,428 Likes 2,529 Follow ‘They want to erase us.’ California Uighurs fear for family members i… Members of the Uighur diaspora in Southern California say every one of them has a friend or family member who has been "disappeared" by Case 3:19-cv-01255-LAB-KSC Document 36-2 Filed 09/10/19 PageID.387 Page 10 of 14  Home  latimes.com Moments  11   Search Twitter 295 Have an account? Log in 390 Show this thread  Pastor Kaji Douša Retweeted Make the Road NY    @MaketheRoadNY · Aug 9 #BREAKING: PNC Bank will pull out of financing private prison & immigrant detention companies.  This comes after years of organizing with our #BackersofHate and #FamiliesBelongTogether allies, who’ve successfully got 9 banks to pledge to pull out.  60  1.6K 4.5K Pastor Kaji Douša @KajiDousa · Aug 9 God prosper our strength. Shield our faces. Help us survive. Build our thriving. Bless our enemies, wherever they may be. May they never reach closer than we can bear. Amen. 6/6   1  1 Show this thread Pastor Kaji Douša @KajiDousa · Aug 9 Find your partners in strength and find God hovering near.  NOTE: If you or someone you know needs help, the National Domestic Violence Hotline is available. For more information, please click here or call 800.799.SAFE (7233). 5/6  1  1 Show this thread  Pastor Kaji Douša @KajiDousa Tweets 889 Pastor Kaji Douša @KajiDousa · Aug 9 Sometimes the best way to love your enemy is to name them as such. Most often the path to strength is to escape your enemy's reach. Jesus' gift here is that you Following Followers Likes can reach an enemy in prayer. With God's immediate and ultimate protection and Follow 477 1,428 2,529 distance between you. 4/6  1  1 Show this thread Pastor Kaji Douša @KajiDousa · Aug 9   Case 3:19-cv-01255-LAB-KSC Document 36-2 Filed 09/10/19 PageID.388 Page 11 of 14 Pastor Kaji Douša @KajiDousa Aug 9  Home   Spiritual leaders who enforce abuse strike their victims but they also strike at the Search Twitter Have an account? Log in very heart of God. Moments The most effective prayers for abusers are offered from the strength garnered with distance. Pray with your cheek far from the strike and find your strength. 3/6  1  1 Show this thread  Pastor Kaji Douša @KajiDousa · Aug 9 People in places of spiritual authority who encourage a victim to keep turning cheeks for intimate partner violence weaponize Scripture and enforce weakness that is not grounded in God's love. 2/6  1  1 Show this thread  Pastor Kaji Douša @KajiDousa · Aug 9 I don’t know who this is for today but: “Love heals. Love does not strike. "Turn the other cheek" weaponized is the opposite of strength: it requires weakness.” 1/6 Lillian Daniel @lillianfdaniel "The most effective prayers for abusers are offered from the strength garnered with distance. Pray with your cheek far from the strike and find your strength. Sometimes the best way to love your enemy is to name them as such." - @KajiDousa on Abusers ucc.org/daily_devotion…  1  2 Show this thread  Pastor Kaji Douša @KajiDousa Tweets 889 Pastor Kaji Douša Retweeted Jen Parker @JenParker393 · Aug 7 Angela Davis and @FJasmineG grace our pages with this lovely essay on their friend Toni Morrison, which I had the honor of editing Following  477 2  Followers 1,428 94 Likes 2,529  Follow 183  Pastor Kaji Douša @KajiDousa · Aug 9 This blessed me on today, @imaniperry. Thank you. “She saw the writer black, and bid her sing.” Case 3:19-cv-01255-LAB-KSC Document 36-2 Filed 09/10/19 PageID.389 Page 12 of 14  Home    The Cut   @TheCut Search Twitter Have an account? Log in “It is not hyperbolic to call Toni Morrison the greatest figure in American letters. She made the world pay rapt attention to the interior lives of Black women—ordinary, struggling Black women—to care about our imaginations and hearts,” writes @imaniperry thecut.io/2KvYFhS Moments    1 Pastor Kaji Douša Retweeted  Amanda Crump @amandavcrump · Aug 8 10/10. This is a destruction of science by this administration. By @SecretarySonny. This ends my angry rant but not my anger. And not my sadness.  125  1.1K 3.9K Show this thread  Pastor Kaji Douša @KajiDousa · Aug 9 I expect that every effort will be made to cancel citizenship  Black Identity Extremist   @WilGafney In 10 years our crime rates and societal dysfunction will track back to these acts.(If we don't find a way to strip their citizenship.) Show this thread    2 Pastor Kaji Douša Retweeted   Black Identity Extremist   @WilGafney · Aug 8 So many of the children we are traumatizing are our citizens, meaning they will live out their trauma, rage, hurt, emotional damage and subsequent harmful acts - including self-harm - in our midst. We will not care for them. We will institutionalize and incarcerate them.   4 56 190 Show this thread  Pastor Kaji Douša Retweeted  Lynn Johnston @lynnjohnstonlit · Aug 7 Replying to @readingrenee @wallerABC7 and 2 others Equinot   2 6  Pastor Kaji Douša @KajiDousa · Aug 8 & while the people entrusted with keeping us safe are busy with the administration’s obsessions, what else is happening at our expense?  CNN   @CNN Acting Homeland Security Sec. Kevin McAleenan, who has been increasingly surrounded by Trump loyalists and immigration hardliners, has at times been frustrated that some officials go around him, as he has grappled for control of the department, sources say cnn.it/2yLKm2W Pastor Kaji Douša @KajiDousa Tweets 889   Following Followers Pastor477 Kaji Douša Retweeted 1,428 Likes 2,529 Follow  Wendy Cervantes @WendyDC5 · Aug 8 Worksite raids often result in the loss of income for affected families, making it more difficult to make ends meet. Schools, child care centers, & other providers will be left to help families pick up the pieces after these man-made disasters. #ICEraids (9/10) Case 3:19-cv-01255-LAB-KSC Document 36-2 Filed 09/10/19 PageID.390 Page 13 of 14  Home   Moments 3  69 Search Twitter 255 Show this thread   Have an account? Log in Pastor Kaji Douša Retweeted   Claire McCaskill   @clairecmc · Aug 8 When 600 agents were making a show of arresting 680 undocumented immigrants working at Mississippi processing plants, did anyone bother to arrest the employers? Or did they leave them undisturbed in the back room counting their money?  4.2K  38K 136K Pastor Kaji Douša @KajiDousa · Aug 8 I, for one, as a pastor included on this political hitlist, would love some real answers. Which is why we are suing for some accountability.  #NBC7 San Diego   @nbcsandiego NBC 7 Investigates: The Department of Homeland Security has launched a widespread investigation into the secret government surveillance of journalists and activists at the U.S.-Mexico border. on.nbc7.com/LKCik0p   5 18 Want to take advantage of all the new Twitter features? Itʼs simple – just log in. Log in Sign up You may also like · Refresh The Park  @ThePark10… Rev. Jacqui … @RevJacqui… Pastor Kaji Douša @KajiDousa Tweets 889 New Sanctu… Following @NewSanct… 477 United Chur… @unitedchu… Peter Heltzel  @PeterHeltzel Followers 1,428 Likes 2,529 Follow  Case 3:19-cv-01255-LAB-KSC Document 36-2 Filed 09/10/19 PageID.391 Page 14 of 14  Home  Moments Search Twitter Worldwide trends #TrumpRecession 48.1K Tweets Steve King 17.4K Tweets #WednesdayWisdom 81K Tweets #AskDC #WednesdayThoughts 30.8K Tweets #GeekyThingsAboutMe 6,871 Tweets Devers 7,320 Tweets Brandon Roy WeWork WeWork discloses financial details as it files for IPO JA Happ © 2019 Twitter About Help Center Terms Privacy policy Cookies Ads info  Have an account? Log in