Archives for category: Trump

Kathryn Joyce, investigative reporter for Salon, reports that Doug Mastriano, Republican candidate for Governor of Pennsylvania, believes that abortion is murder. Mastriano is a far-right MAGA guy. Mastriano is not alone.

In an alarming article, Joyce shows the dangers of a growing movement to criminalize women who get abortions.

She writes:

This week, an old interview surfaced of Republican Pennsylvania gubernatorial nominee Doug Mastriano calling for people who have abortions to be prosecuted for murder. The comments came from a 2019 radio interview in which Mastriano was asked whether a “fetal heartbeat” bill he’d sponsored in the state Senate, which would have banned abortion after six weeks, would mean that anyone who obtained abortion after that point in pregnancy should be charged with murder.

“Let’s go back to the basic question there,” Mastriano replied. “Is that a human being? Is that a little boy or girl? If it is, it deserves equal protection under the law.” When the interviewer asked whether that meant he was calling to prosecute abortion as murder, Mastriano removed all doubt, saying, “Yes, I am…”

That may or may not be true, but Mastriano certainly isn’t the only Republican who’s raised the possibility of charging women who have abortions with murder. And not all those Republicans mirror Mastriano’s far-right track record or his lengthy association with extreme elements of Christian nationalism.

In May, just days after news broke about the Supreme Court draft opinion that would ultimately overturn Roe v. Wade, Republican state legislators in Louisiana advanced a bill out of committee that would have classified abortion as homicide, allowing prosecutors to charge anyone who obtained one with murder. The so-called “Abolition of Abortion” act would have “ensure[d] the right to life and equal protection of the laws to all unborn children from the moment of fertilization by protecting them by the same laws protecting other human beings.” In other words, the laws and criminal penalties that apply to homicide would be extended to fetuses as well….

In the larger national picture, women are already being prosecuted for murder and other felonies, both for abortions and for other pregnancy outcomes, including miscarriages and stillbirths.

“Unfortunately we don’t need to criminalize abortion to charge women,” said Purvaja Kavattur, a research and program associate at National Advocates for Pregnant Women, who said that the success of the “fetal personhood” movement — which holds that embryos and fetuses should have the same rights as “already born” people — has led to a sharp increase in prosecutions related to pregnancy.

The U.S. has the worst prenatal care of any developed nation. The new anti-abortion laws will frighten pregnant women away from medical care.

Judge Amy Berman Jackson, the federal judge who sentenced insurrectionist Kyle Young, gave a stern lecture to the Republicans who refused to defend the nation’s Constitution and its democratic process.

For those of us old enough to remember the Republican Party of Dwight D. Eisenhower, today’s Republicans are pusillanimous cowards who worship at the feet of a man who has no intellect, no character, no ethics, and no sense of history. The fact that such a man dominates a once-honorable party is appalling.

Judge Jackson did not mince words, according to Politico.

Kyle Cheney writes:

A federal judge delivered a blistering rebuke of Republican Party leaders Tuesday for what she said was a cynical attempt to stoke false claims of election fraud of the kind that fueled the Jan. 6 attack on the Capitol.

U.S. District Court Judge Amy Berman Jackson said former President Donald Trump had turned his lies about the election into a litmus test for Republican candidates and that “high-ranking members of Congress and state officials” are “so afraid of losing their power” that they won’t contradict him. That fealty, she said, comes even as law enforcement and judges involved in cases related to the former president are facing unprecedented threats of violence.

It’s up to the judiciary, she added, to help draw the line against those dangers.

“The judiciary … has to make it clear: It is not patriotism, it is not standing up for America to stand up for one man — who knows full well that he lost — instead of the Constitution he was trying to subvert,” said Jackson, who was appointed by former President Barack Obama.

In addition, Jackson said, Trump and his allies are using rhetoric about the multiple criminal probes connected to Trump that contain dangerous undertones.

“Some prominent figures in the Republican Party … are cagily predicting or even outright calling for violence in the streets if one of the multiple investigations doesn’t go his way,” Jackson said…

She’s not the first federal judge to rebuke Trump in the context of Jan. 6 riot prosecutions. Judge Amit Mehta lamented that many of the low-level rioters were duped by powerful figures, including Trump, into marching on the Capitol, only to suffer criminal consequences as a result. Judge Reggie Walton called Trump a “charlatan” for his conduct related to the election. And a federal judge in California, David Carter, determined that Trump’s actions related to Jan. 6 likely amounted to a criminal conspiracy to subvert the election.

But Jackson’s comments were the most stinging assessment not only of Trump but those in the upper echelons of elected GOP leadership who have echoed him. She also pushed back at claims by some Trump allies that Jan. 6 defendants had been targeted for political reasons.

“You were not prosecuted for being a Trump supporter. You were not arrested or charged and you will not be sentenced for exercising your first amendment rights,” she said to Young. “You are not a political prisoner … You were trying to stop the singular thing that makes America America, the peaceful transfer of power. That’s what ‘Stop the Steal’ meant.”

Kyle Young participated in the insurrection of January 6, 2021, and brought his 16-year-old son. For his role in beating a police officer, he was sententeced to prison for seven years and two months. He was justly punished for brutalizing Officer Michael Fanone and attempting to overthrow the government. Anyone who calls these insurrectionists “patriots” or “political prisoners” dishonors the Constitution.

A member of the mob that launched a series of violent attacks on police — including D.C. officer Michael Fanone — in a tunnel under the U.S. Capitol on Jan. 6, 2021, apologized Tuesday as a judge sentenced him to seven years and two months in prison.


Kyle Young, 38, is the first rioter to be sentenced for the group attack on Fanone, who was dragged into the mob, beaten and electrocuted until he suffered a heart attack and lost consciousness.


“You were a one-man wrecking ball that day,” Judge Amy Berman Jackson said. “You were the violence.”


Fanone resigned from the D.C. police late last year, saying fellow officers turned on him for speaking so publicly about the Capitol attack and former president Donald Trump’s role in it. In court Tuesday, Fanone directly confronted his attacker, telling Young, “I hope you suffer.”


“The assault on me by Mr. Young cost me my career,” Fanone said. “It cost me my faith in law enforcement and many of the institutions I dedicated two decades of my life to serving.”

Young pleaded guilty last May.

Young and his 16-year-old son joined the tunnel battle just before 3 p.m., and Young handed a stun gun to another rioter and showed him how to use it. When Fanone was pulled from the police line, Young and his son pushed through the crowd toward him.


Just after that, authorities said, another rioter repeatedly shocked Fanone with the stun gun, and Young helped restrain the officer as another rioter stole his badge and radio.

Young lost his grip on Fanone as the mob moved. He then pushed and hit a nearby Capitol Police officer, who had just been struck with bear spray, according to documents filed with his plea.


Young also pointed a strobe light at the officers, jabbed at them with a stick and threw an audio speaker toward the police line, hitting another rioter in the back of the head, prosecutors said.
In a letter to the court, Young said he cried on the phone with his wife as he left D.C.


“I was a nervous wreck and highly ashamed of myself,” he wrote. “I do not condone this and do not promote this like others have done. Violence isn’t the answer.”


In court, he apologized to Fanone, saying, “I hope someday you forgive me. … I am so, so sorry. If I could take it back, I would.”

Young has a long criminal history.

Time to take a break from Education News and Ukraine to reflect on the most shameful day in U.S. history. We dare not forget, especially as the numbers of anti-democratic, neo-fascist, militant groups surface, and the U.S. Supreme Court strikes down reasonable restrictions on gun control.

In the last two years of Trump’s term in office, I followed him on Twitter. It was a usually horrifying experience to read whatever rant he posted at 6 a.m. But it was necessary, I thought, to be informed, to know what bizarre rages were percolating in his head, unfiltered by senior staff or caution. I recall the tweet he wrote when he said, “come to DC on January 6. Will be wild.” I knew something awful was brewing.

My television was on that day, and I watched his speech to his adoring throng and felt the sense of menace in the air. Like millions of others, I watched in horror as the mob attacked the thinly-guarded Capitol, broke through the lines, began attacking police officers, broke a window, stampeded the entrance, and climbed the walls of that august building.

I couldn’t help but think of the many times I had visited the Capitol to meet with an elected official or staff. Entry to the building is tightly guarded. Visitors wait patiently in line, waiting their turn to put their bags through a scanning machine, then to walk single file through a metal detector.

And here were hundreds or thousands of people streaming through the doors and the windows, or scaling the exterior walls, then running unimpeded through the halls.

I wrote that day, in a state of shock, about what I and millions of others had witnessed: “an attempted coup,” terrorism inspired by Trump.

The next day, as the dust settled, I wrote about what happened and about Trump’s failure to defend the Capitol:

As the rampage continued, Trump was silent. After a few hours of lawlessness, he released a video telling them to go home. He reiterated his lie that the election had been stolen. In the video, he also praised the crowd, who broke into the Capitol, trashed its elegant interior, ransacked the offices of members, terrorized fleeing elected, stole items from its rooms and posed for photographs in the legislative chambers. “We love you,” Trump said. “You’re very special.”

Yeah, very special thugs, looters, and terrorists.

It didn’t occur to me at the time that Trump’s loyal supporters would claim that the mob was created by Antifa and Black Lives Matter protesters. Why would Trump have told them that he loved them? Why would he have refused to send in help if he thought the mob was Antifa and BLM? Why would he say they were “special”? If he thought they were BLM and Antifa, I expect we would have seen a massive show of force, not silence.

It certainly didn’t occur to me that the Republican National Committee, to its eternal shame, would call the attack on the Capitol “legitimate political discourse.” Or that Republican members who rushed to safety and cowered in safe spaces would reflect on the day as just another protest or actually defend the insurrectionists as “patriots.”

On January 10, 2021, I wrote “Donald Trump Is a Traitor” and thought about what might have happened if the insurrectionists had succeeded.

What happened on January 6 was a failed coup. Many of Trump’s MAGA base joined the mob innocently.

But the mob was led by trained militia men, equipped to take hostages, prepared with flex cuffs, which police use to handcuff suspects.

The mob chanted “Hang Mike Pence.”

The mob knew the location of the secret Capitol offices of Democratic leaders.

They went looking for them.

Members of Congress exited the Chambers only a minute or two before the mob. If they had not escaped, there would have been mayhem.

The mob would have seized the leaders of Congress and VP Pence, handcuffed them, perhaps given them a show trial, perhaps executed them.

What then? Our democracy and our Constitution shredded. Would Trump declare himself President for Life?

What happened was terrifying. What might have happened would have been far, far worse.

Trump toadies are incorrigible. How to explain the members of Congress who emerged from their hiding place to vote to sustain Trump’s lies and to overturn a free and fair election? How to explain the perfidy of Senators Cruz and Hawley? How to explain the majority of House Republicans, who voted in support of a man who incited a coup against our democracy and our Constitution?

Now that I have watched the hearings of the January 6 Committee, I realize that the situation was even worse than I imagined on the day of the failed coup. I learned that Trump wanted to join the mob at the Capitol. Well, I’m sorry he didn’t, because there would now be no question about his culpability for inciting the insurrection, and he would be barred from ever seeking office again.

We learned that he watched the riot on television in his private dining room and did nothing to stop it for 187 minutes. He was hoping the mob would succeed and capture the Capitol. We know he did nothing to save the life of his Vice-President.

That led me to wonder: what if the mob had succeeded? There would have been no show trials. They would have executed Mike Pence and Nancy Pelosi. They would have murdered AOC and the Squad. They would have murdered any member of Congress who stood in the way of their hero Trump. In the chaos, the mob might have murdered some of their Republican allies. Accidents happen.

We now know that the mob was only 40 feet from Pence as he fled. We now know that Officer Eugene Goodman lured the mob away from the floor of the Senate long enough for it to be evacuated. Even Republicans were terrified. We saw video of mob sympathizer Josh Hawley sprinting away from the insurrectionists whom he incited earlier with a raised fist.

January 6, 2021, was the worst day in American history. It was the only time that the seat of our government was attacked by our fellow Americans. It was a rebellion against the Constitution and the rule of law. If ever there was a Day of infamy, a Day of Shame, a day in which our Constitution and our democracy hung in the balance, it was January 6.

We must never forget.

Dana Milbank knows that the Republican Party is morphing into an authoritarian stance, but they prefer not to called fascists. No, he says, their brand of authoritarianism goes back about two thousand years.

He writes:

Friends, Romans, countrymen, lend me your ears: They have come to resurrect Caesar.


MAGA Republican leaders take umbrage at being accused of “semi-fascism,” which is understandable: Twentieth-century dictators such as Mussolini and the German guy with the mustache gave fascism a bad name. But the MAGA crowd isn’t disavowing totalitarianism, per se. It’s just their taste in authoritarian figures skews toward the classics. They’re old-school — 1st century B.C. old. “Hail, Caesar” goes down so much easier than “Heil Hitler.”


J.D. Vance, the Republican Senate nominee in Ohio, is one resident of this newly platted Caesarian section, as a recent profile in the Cleveland Plain Dealer showed. It referred to a year-old interview Vance gave on a far-right podcast in which he spoke approvingly of Curtis Yarvin, a self-proclaimed monarchist who argues for an American Julius Caesar to take power.

“We are in a late republican period,” Vance said, referencing the era preceding Caesar’s dictatorship. “If we’re going to push back against it, we’re going to have to get pretty wild, and pretty far out there, and go in directions that a lot of conservatives right now are uncomfortable with.”
The podcast’s host, Jack Murphy, endorsed this sentiment, discussing possible “extra-constitutional” remedies to be taken “if we want to re-found the country.” (He told Vance he thought voting an “ineffectual” way to “rip out this leadership class.”)


Vance, who said he had been “radicalized” by the actions of “malevolent and evil” political opponents, described what “wild” actions he had in mind at another point in the podcast. He wants to “seize the institutions of the left” and purge political opponents with “de-Nazification, de-Ba’athification.”

Vance suggested that former president Donald Trump, once elected in 2024, should fire all civil servants and replace them with “our people,” defy court orders blocking such an illegal action, and then “do what Viktor Orban has done,” referring to the Hungarian dictator’s bans on certain topics from school curricula. Vance justified such “outside-the-box” authoritarian actions by reasoning that the United States is “far gone” and not “a real constitutional republic” anymore.
Hail, Caesar!


Vance is far from the only emperor-curious MAGA leader. Former Trump White House adviser Peter Navarro called Mike Pence a “traitor to the American Caesar of Trump” because the former vice president refused to help overturn the 2020 election. Another former Trump adviser, Michael Anton, hosted a Claremont Institute podcast with Yarvin about the desirability of an “American Caesar.”


Meanwhile, various tactics that would qualify as “extra-constitutional” have been proliferating on the MAGA right.


This week, Judge Aileen Cannon, a Trump appointee confirmed during the lame-duck Republican Congress after the 2020 election, turned the bedrock American principle of equal justice on its head. Cannon, granting Trump’s request for a “special master” to shield the government documents hoarded at his residence, said Trump’s need for protection from “stigma” was “in a league of its own” because of his “former position as president.” A judge granting extraordinary legal powers to the man who appointed her to spare him “reputational harm”? Hail, Caesar!

Last week, the House Jan. 6 committee wrote to Trump ally Newt Gingrich, outlining how the former House speaker encouraged Trump TV ads promoting false election-fraud claims, and how he suggested a “call-to-action” to intimidate election officials. “The goal is to arouse the country’s anger,” Gingrich wrote to Trump advisers, at a time when election officials desperately feared violence. Hail, Caesar!


Some MAGA Republicans have a novel solution to resolve pesky constitutional restraints: Rewrite the Constitution. As Carl Hulse reports in the New York Times, Rep. Jodey Arrington (R-Tex.) introduced legislation seeking to compel Congress to call a constitutional convention — the first since the framers wrote it — to overhaul the United States’ founding document. The effort likely isn’t going anywhere, but it shows the contempt MAGA Republicans have for the constitutional order. Hail, Caesar!


Others in the MAGA movement simply reinterpret the Constitution to their own liking. County law-enforcement officials self-styling as “constitutional sheriffs” have assigned themselves power to decide what the law is, according to their own politics. One such sheriff in Michigan sought warrants in July to seize vote-counting machines to try to validate Trump’s false claims of voter fraud, Reuters reported last week. Armed lawmen going rogue to undermine elections? Hail, Caesar!


A few weeks from now, the Supreme Court will open its new term, in which it will decide whether to use a North Carolina case to allow state legislatures to redraw election maps — and potentially to overturn the outcome of elections and to disregard state constitutions — without any review by state courts. The high court blessing a radical legal theory that mocks the will of the voters? For MAGA Republicans, all roads lead to Roman imperialism.


Hail, Caesar!

You no doubt heard or saw or read that a three-judge federal appeals court threw out part of the ruling that barred federal investigators from using classified documents in Trump’s home. Two of the three judges were Trump appointees.

Blogger Ryan Grim explains what a setback this ruling was for District Judge Aileen Cannon, whose decision to appoint a special master to review thousands of documents and to bar federal investigators the power to use highly classified documents was puzzling to many legal experts.

There was no reason to believe that highly classified documents were Trump’s personal property or covered by executive privilege.

Grim writes:

You’ve probably seen by now that a federal appeals court has sided against former President Trump and allowed the government to start looking at its own classified information again. News reports have described the ruling as “strongly worded,” but I don’t think that really gets at it effectively. Antonin Scalia and Ruth Bader Ginsberg used to write “strongly worded” opinions. This reads more like disappointed professors correcting a student who clearly hadn’t been doing the reading or paying attention in class.

Rather than engage in any sophisticated legal reasoning or deep exploration of precedent, the judges here – two appointed by Trump and one appointed by Obama – simply laid out how and why Judge Cannon wasn’t even remotely close to being right in appointing a “special master” to review these documents.

I won’t run through the full 29-page ruling, but here’s a fairly representative moment from it. In order to seize the power needed to appoint a special master, Cannon had to explain how Trump would be irreparably harmed if she didn’t intervene. What she came up with is head-scratching even to non-lawyers like me. The harm to Trump, she argued, is that he might be prosecuted.

On a law school test, you can imagine a professor reading an answer like that and shaking their head.

That’s just plain silly, writes Grim.

Nobody wants to be prosecuted, but the harm of prosecution doesn’t give you extraordinary rights like access to a special master. Can you imagine a defendant telling a judge they can’t show up for a court date because doing so could lead to irreparable harm, namely their own prosecution?

We recently learned that Josh Shapiro, Democratic candidate for Governor of Pennnsylvania, has endorsed vouchers.

One of our readers supplied an email for this “Democrat” who has embraced the Republican agenda for education. Josh Shapiro is a hypocrite. Real Democrats support public goods. Real Democrats care about the common good. Real Democrats fight privatization of what belongs to the public.

Here’s his email: contact@joshshapiro.org, As a union public school teacher and a member of the democratic party I am absolutely outraged by your decision to endorse charter schools.

If you don’t know why you should not be supporting the same education policies as Donald Trump and Betsy Devos, then you have no business holding public office for the democratic party.

One of our readers who assumes the sobriquet “Democracy” posted the following comment. Like most people, I did not read the bipartisan Senate Intelligence Report on the 2016 election.

He/she writes:

From the Senate Intelligence Committee report on the 2016 election, volume five:

“the Russian government engaged in an aggressive, multifaceted effort to influence, or attempt to influence, the outcome of the 2016 presidential election…Manafort’s presence on the Campaign and proximity to Trump created opportunities for Russian intelligence services to exert influence over, and acquire confidential information on, the Trump Campaign. Taken as a whole, Manafort’s highlevel access and willingness to share information with individuals closely affiliated with the Russian intelligence services, particularly Kilimnik and associates of Oleg Deripaska, represented a grave counterintelligence threat…Russian President Vladimir Putin ordered the Russian effort to hack computer networks and accounts affiliated with the Democratic Party and leak information damaging to Hillary Clinton and her campaign for president. Moscow’s intent was to harm the Clinton Campaign, tarnish an expected Clinton presidential administration, help the Trump Campaign after Trump became the presumptive Republican nominee, and undermine the U.S. democratic process…While the GRU and WikiLeaks were releasing hacked documents, the Trump Campaign sought to maximize the impact of those leaks to aid Trump’s electoral prospects. Staff on the Trump Campaign sought advance notice about WikiLeaks releases, created messaging strategies to promote and share the materials in anticipation of and following their release, and encouraged further leaks. The Trump Campaign publicly undermined the attribution of the hack-and-leak campaign to Russia and was indifferent to whether it and WikiLeaks were furthering a Russian election interference effort.”

Click to access report_volume5.pdf

From The Washington Post, two days ago:

“Some of the seized documents detail top-secret U.S. operations so closely guarded that many senior national security officials are kept in the dark about them…Documents about such highly classified operations require special clearances on a need-to-know basis, not just top-secret clearance. Some special-access programs can have as few as a couple dozen government personnel authorized to know of an operation’s existence. Records that deal with such programs are kept under lock and key, almost always in a secure compartmented information facility, with a designated control officer to keep careful tabs on their location.”

“… the FBI has recovered more than 300 classified documents from Mar-a-Lago this year: 184 in a set of 15 boxes sent to the National Archives and Records Administration in January, 38 more handed over by a Trump lawyer to investigators in June, and more than 100 additional documents unearthed in a court-approved search on Aug. 8…Among the 100-plus classified documents taken in August, some were marked ‘HCS,’ a category of highly classified government information that refers to ‘HUMINT Control Systems,’ which are systems used to protect intelligence gathered from secret human sources, according to a court filing.”

https://www.washingtonpost.com/national-security/2022/09/06/trump-nuclear-documents/

Trump is a traitor to the Constitution and the rule of law and he is a clear and present danger to the American democratic republic.

The Washington Post reported a new development in the media world. The influential and respected news site Politico was bought by a German billionaire who claims to be nonpartisan. But…

BERLIN — Months after his company bought Politico, Mathias Döpfner stood atop Axel Springer’s 19-story headquarters, gazing out at the double row of cobblestones that mark the outline of the demolished Berlin Wall, and explained his global ambitions. “We want to be the leading digital publisher in democracies around the world,” he said.


A newcomer to the community of billionaire media moguls, Döpfner is given to bold pronouncements and visionary prescriptions. He’s concerned that the American press has become too polarized — legacy brands like the New York Times and The Washington Post drifting to the left, in his view, while conservative media falls under the sway of Trumpian “alternative facts.” So in Politico, the fast-growing Beltway political journal, he sees a grand opportunity.


“We want to prove that being nonpartisan is actually the more successful positioning,” he said in an interview with The Washington Post. He called it his “biggest and most contrarian bet.”


How exactly Döpfner, Axel Springer’s CEO, hopes to define nonpartisan journalism at an especially fragmented time for American politics is a question of intense interest as he aims to leave his mark on American media. His own politics have remained something of a mystery, too. But weeks before the 2020 U.S. presidential election, he sent a surprising message to his closest executives, obtained by The Washington Post:
“Do we all want to get together for an hour in the morning on November 3 and pray that Donald Trump will again become President of the United States of America?”

Donald Trump may be the most litigious person in the United States. On March 24, 2022, Trump filed a lawsuit against Hillary Clinton and various Democratic Party leaders for engaging in a conspiracy against him in 2016. The federal judge tossed the case out yesterday.

Believe me, this is a fun read. The judge is frankly mystified by the legal reasoning and the lack of evidence.

Here is the beginning:

I. BACKGROUND
Plaintiff initiated this lawsuit on March 24, 2022, alleging that “the Defendants, blinded by political ambition, orchestrated a malicious conspiracy to disseminate patently false and injurious information about Donald J. Trump and his campaign, all in the hopes of destroying his life, his political career and rigging the 2016 Presidential Election in favor of Hillary Clinton.” (DE 177, Am. Compl. ¶ 9). On this general premise, Plaintiff brings a claim for violations of the Racketeer Influenced and Corrupt Organizations Act (“RICO”), predicated on the theft of trade secrets,

Case 2:22-cv-14102-DMM Document 267 Entered on FLSD Docket 09/08/2022 Page 2 of 65
obstruction of justice, and wire fraud (Count I). He additionally brings claims for: injurious falsehood (Count III); malicious prosecution (Count V); violations of the Computer Fraud and Abuse Act (“CFAA”) (Count VII); theft of trade secrets under the Defend Trade Secrets Act of 2016 (“DTSA”) (Count VIII); and violations of the Stored Communications Act (“SCA”) (Count IX). The Amended Complaint also contains counts for various conspiracy charges and theories of agency and vicarious liability. (Counts II, IV, VI, and X–XVI).
Plaintiff’s theory of this case, set forth over 527 paragraphs in the first 118 pages of the Amended Complaint, is difficult to summarize in a concise and cohesive manner. It was certainly not presented that way. Nevertheless, I will attempt to distill it here.
The short version: Plaintiff alleges that the Defendants “[a]cting in concert . . . maliciously conspired to weave a false narrative that their Republican opponent, Donald J. Trump, was colluding with a hostile foreign sovereignty.” (Am. Compl. ¶ 1). The Defendants effectuated this alleged conspiracy through two core efforts. “[O]n one front, Perkins Coie partner Mark Elias led an effort to produce spurious ‘opposition research’ claiming to reveal illicit ties between the Trump campaign and Russian operatives.” (Id. ¶ 3). To that end, Defendant Hillary Clinton and her campaign, the Democratic National Committee, and lawyers for the Campaign and the Committee allegedly hired Defendant Fusion GPS to fabricate the Steele Dossier. (Id. ¶ 4). “[O]n a separate front, Perkins Coie partner Michael Sussman headed a campaign to develop misleading evidence of a bogus ‘back channel’ connection between e-mail servers at Trump Tower and a Russian- owned bank.” (Id.). Clinton and her operatives allegedly hired Defendant Rodney Joffe to exploit his access to Domain Name Systems (“DNS”) data, via Defendant Neustar, to investigate and ultimately manufacture a suspicious pattern of activity between Trump-related servers and a Russian bank with ties to Vladimir Putin, Alfa Bank. (Id. ¶ 3). As a result of this “fraudulent
2

Case 2:22-cv-14102-DMM Document 267 Entered on FLSD Docket 09/08/2022 Page 3 of 65
evidence,” the Federal Bureau of Investigations (“FBI”) commenced “several large-scale investigations,” which were “prolonged and exacerbated by the presence of a small faction of Clinton loyalists who were well-positioned within the Department of Justice”—Defendants James Comey, Andrew McCabe, Peter Strzok, Lisa Page, Kevin Clinesmith, and Bruce Ohr. (Id. ¶ 7). And while this was ongoing, the Defendants allegedly “seized on the opportunity to publicly malign Donald J. Trump by instigating a full-blown media frenzy.” (Id. ¶ 6). As a result of this “multi-pronged attack,” Plaintiff claims to have amassed $24 million in damages.1 (Id. ¶ 527).
Defendants now move to dismiss the Amended Complaint as “a series of disconnected political disputes that Plaintiff has alchemized into a sweeping conspiracy among the many individuals Plaintiff believes to have aggrieved him.” (DE 226 at 1). They argue that dismissal is warranted because Plaintiff’s claims are both “hopelessly stale”—that is, foreclosed by the applicable statutes of limitations—and because they fail on the merits “in multiple independent respects.” (Id. at 2). As they view it, “[w]hatever the utilities of [the Amended Complaint] as a fundraising tool, a press release, or a list of political grievances, it has no merit as a lawsuit.” (Id.). I agree. In the discussion that follows, I first address the Amended Complaint’s structural deficiencies. I then turn to subject matter jurisdiction and the personal jurisdiction arguments raised by certain Defendants. Finally, I assess the sufficiency of the allegations as to each of the substantive counts.