Archives for category: Trump

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

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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.

In the latest retrieval of government documents, the FBI found a lode of material marked “top secret” and highly classified, according to this article byinvestigative reporters Devlin Barrett and Carol D. Leonnig. The Office of National Intelligence is currently reviewing the documents to determine to what extent the nation’s security was damaged by the removal of these documents from their properly guarded locations.

A document describing a foreign government’s military defenses, including its nuclear capabilities, was found by FBI agents who searched former president Donald Trump’s Mar-a-Lago residence and private club last month, according to people familiar with the matter, underscoring concerns among U.S. intelligence officials about classified material stashed in the Florida property.

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. Only the president, some members of his Cabinet or a near-Cabinet-level official could authorize other government officials to know details of these special-access programs, according to people familiar with the search, who spoke on the condition of anonymity to describe sensitive details of an ongoing investigation.

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.

But such documents were stored at Mar-a-Lago, with uncertain security, more than 18 months after Trump left the White House.

After months of trying, according to government court filings, 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.

We may never know the real answer to this question unless someone very close to Trump spills the beans. I have read many times or seen on TV interviews with Trump White House staff who said that Trump was not interested in intelligence briefings, that he seldom read the reports or the daily briefings, that he frequently ripped up important documents. Yet he took many boxes of documents with him when he left.

Some of the documents in the boxes that were retrieved in January and in August were classified as top secret. Some were marked HCS, meaning “Human Intelligence Control System.” Such documents identify sources who are our agents in other countries. Some folders marked”Classified” or “Top secret” were empty. Where were the contents?

The New York Times reported:

(https://www.nytimes.com/2022/08/27/us/politics/trump-documents-security-assessment-affidavit.html?smid=nytcore-ios-share&referringSource=articleShare)

Mr. Trump and his defenders have claimed he declassified the material he took to Mar-a-Lago. But documents retrieved from him in January included some marked “HCS,” for Human Intelligence Control System. Such documents have material that could possibly identify C.I.A. informants, meaning a general, sweeping declassification of them would have been, at best, misguided.

“HCS information is tightly controlled because disclosure could jeopardize the life of the human source,” said John B. Bellinger III, a former legal adviser to the National Security Council in the George W. Bush administration. “It would be reckless to declassify an HCS document without checking with the agency that collected the information to ensure that there would be no damage if the information were disclosed.”

In October 2021, the New York Times reported that U.S. intelligence officials sent a cable to all of its overseas agencies warning that an unusually high number of CIA undercover agents had been captured and/or killed in recent years.

Top American counterintelligence officials warned every C.I.A. station and base around the world last week about troubling numbers of informants recruited from other countries to spy for the United States being captured or killed, people familiar with the matter said.

And Trump took home with him a huge number of highly sensitive documents that included some identifying human sources of information in other countries. Some of the top secret files were empty.

Hmmm. Does 2+2=4?

Why would he want those names? How valuable would they be to his friends in other countries? What were they worth? To whom?

One consistent feature in Trump’s life: it’s always about money.

Trump spoke in Philadelphia, supposedly to promote the candidacies of insurrectionist Douglas Mastriano for governor and snake-oil salesman Dr. Oz, Trump’s choice for Senate.

But he devoted most of his speech to his grievances about the past, his lie that he won the 2020 election, the FBI raid on his country club to recover top secret documents.. He even criticized Philadelphia. He almost forgot about the candidates.

David Frum writes in The Atlantic:

In 2016, Hillary Clinton warned that Donald Trump was a fool who could be baited with a tweet. This past Thursday night, in Philadelphia, Joe Biden upped the ante by asking, in effect: What idiot thing might the former president do if baited with a whole speech? On Saturday night, the world got its answer.

For the 2022 election cycle, smart Republicans had a clear and simple plan: Don’t let the election be about Trump. Make it about gas prices, or crime, or the border, or race, or sex education, or anything—anything but Trump. Trump lost the popular vote in 2016. He lost control of the House in 2018. He lost the presidency in 2020. He lost both Senate seats in Georgia in 2021. Republicans had good reason to dread the havoc he’d create if he joined the fight in 2022.

So they pleaded with Trump to keep out of the 2022 race. A Republican lawmaker in a close contest told CNN on August 19, “I don’t say his name, ever.”

Maybe the pleas were always doomed to fail. Show Trump a spotlight, and he’s going to step into it. But Republicans pinned their hopes on the chance that Trump might muster some self-discipline this one time, some regard for the interests and wishes of his partners and allies.

One of the purposes of Biden’s Philadelphia attack on Trump’s faction within the Republican Party was surely to goad Trump. It worked.

Yesterday, in Wilkes-Barre, Pennsylvania, Trump addressed a rally supposedly in support of Republican candidates in the state: Mehmet Oz for the Senate; the January 6 apologist Doug Mastriano for governor. This was not Trump’s first 2022 rally speech. He spoke in Arizona in July. But this one was different: so extreme, strident, and ugly—and so obviously provoked by Biden’s speech that this was whatled local news: “Donald Trump Blasts Philadelphia, President Biden During Rally for Doug Mastriano, Dr. Oz in Wilkes-Barre.”

The Miami Herald wrote about the numerous security breaches at Trump’s resort home, Mar-a-Lago, where he decided to store hundreds of classified and top-secret documents.

The club was the site of numerous trespassing incidents while Trump was in office. In 2017, a woman named Kelly Ann Weidman crept through the bushes on the northern side of the luxurious resort smeared banana on the windows of cars in the employee parking lot, typed “F**kUTrumpB” on a computer in the club’s Cloister Bar, and snatched balloons from the Grand Ballroom. She was loose on the property for roughly an hour.

The following year, a college kid visiting his grandparents in Palm Beach over Thanksgiving snuck through a tunnel that connects Mar-a-Lago’s beach club with the main property. “I wanted to see how far I could get,” he told a judge.

In March 2019, Mike Tyson wandered onto Mar-a-Lago through the same beachfront tunnel as a guest of billionaire Jeff Greene. Tyson entered the president’s estate without even presenting an ID, according to The Grifter’s Club, a book by Miami Herald reporters about Mar-a-Lago.

On the same day as Tyson, a Chinese businesswoman named Yujing Zhang entered Mar-a-Lago from the front, saying she was there for a charity event that she knew had been canceled. She was convicted of trespassing, although no espionage charges were brought against her, despite speculation that she was a foreign agent.

It was only after the Zhang incident that the Secret Service held mandatory sessions for club employees on counterintelligence.

In late 2019, a Chinese tourist named Lu Jing wandered onto Mar-a-Lago to take pictures. She was arrested for trespassing — but was acquitted on that charge after her lawyers pointed out that the club did not have “no trespassing” signs and that the entrance she accessed wasn’t guarded. Her trial revealed various details about security at Mar-a-Lago, including the location of several security cameras, the total size of the club’s security staff (13 guards), its apparent lack of a secure perimeter and the fact that staffers maintain daily lists of members and approved guests on digital tablet devices.

In 2020, opera singer Hannah Roemhild had a psychiatric episode and drove her rented SUV through security barriers outside Mar-a-Lago (she did not enter the property), leading Secret Service agents and Palm Beach County Sheriff’s deputies to open fire. She was charged but found not guilty by reason of insanity. Beyond physical security, the club’s cyber security raised concerns during Trump’s presidency.

In 2018, anti-Trump activist Claude Taylor chartered a boat to take him and a giant, inflatable rat off the shores of Mar-a-Lago. They got close enough that Taylor said he could log onto the Palm Beach club’s unsecured WiFi network. That followed reporting in 2017 by ProPublica and Gizmodo that the club’s lightly secured WiFi networks could be easily penetrated by a hacker….

Trump was hosting Shinzo Abe for dinner at Mar-a-Lago in February 2017 — with members and guests present — when word broke that North Korea had launched a missile in the direction of Japan. A singer performing for Trump near his table seemed to get the sense something was wrong. “Mr. President, I shouldn’t know this,” someone heard the performer say. Trump shrugged. “It’s just nukes,” the president said. “Sing us a song.”

At that same dinner, member Richard DeAgazio posted a photo to Facebook identifying the Trump aide carrying the so-called “nuclear football,” the briefcase that serves as a mobile command center from which the president can launch a nu­clear attack.

Read more at: https://www.miamiherald.com/news/politics-government/article264450116.html#storylink=cpy

Dana Milbank is my favorite columnist in the Washington Post. He is outspoken and documents what he says. I am always informed by reading his work. This is a good one.

He writes:

President Biden on Thursday offered some harsh words about those of the “extreme MAGA philosophy” currently hacking away at our democracy.


“It’s not just Trump,” he said at a fundraiser. “It’s the entire philosophy that underpins the — I’m going to say something: It’s like semi-fascism.”


He expanded on the theme later at a rally. “The MAGA Republicans,” he said, are “a threat to our very democracy. They refuse to accept the will of the people. They embrace — embrace — political violence.”

Good for him. Those who cherish democracy need to call out the proto-fascist tendencies now seizing the Trump-occupied GOP.


Republican candidates up and down the November ballot reject the legitimate outcome of the last election — and are making it easier to reject the will of the voters in the next. Violent anti-government rhetoric from party leaders targets the FBI, the Justice Department and the IRS. A systemic campaign of disinformation makes their supporters feel victimized by shadowy “elites.”

These are hallmarks of authoritarianism.


Americans are taking notice. A new NBC News poll finds that “threats to democracy” has become the top concern of voters, replacing the cost of living as the No. 1 concern. The 21 percent who cite it as the “most important issue facing the country” include 29 percent of Democrats, and even 17 percent of Republicans. (Many Republican voters have been deceived into believing there’s rampant voter fraud, but at least they care enough about democracy to be concerned.)

The Republican response to Biden’s warning? “Despicable,” Republican National Committee spokesman Nathan Brand said in a statement. “Biden forced Americans out of their jobs …” (For the record, the economy has added nearly 10 million jobs during Biden’s presidency, after losing 2.9 million during Trump’s.)
That’s emblematic of the GOP response generally when called out on its assaults on democracy: victimhood and fabrication.
Sen. Marco Rubio (R-Fla.) offered a classic of the genre this week. Princeton historian Sean Wilentz, writing in The Post, had condemned Rubio’s contributions to “a culture of fakery,” saying the senator’s “fake populism and anti-intellectualism … are necessary ingredients of an authoritarian takeover.” Rubio, writing in the Federalist, a Trumpist publication, responded with more fakery, and by portraying himself as the victim. “This cisgender white male reeks of privilege,” Rubio wrote of Wilentz, borrowing the language of the woke left.
Rubio, misrepresenting a Post account of a Biden meeting with historians (including Wilentz), said that those warning about authoritarianism are “peddling … imaginary threats.” Rubio added: “If you’re looking for authoritarianism, look no further than what happened under the watch of Anthony Fauci and his allies in the elite establishment.”
The day after Rubio alleged that the true authoritarian threat is the head of the National Institute for Allergy and Infectious Diseases (a job Fauci has held since the Reagan administration), the senator joined Florida Gov. Ron DeSantis at a campaign event. There, DeSantis said this about Fauci: “I’m just sick of seeing him. … Someone needs to grab that little elf and chuck him across the Potomac.”

Dehumanizing a foe’s appearance and fantasizing about violence against him: Where have we seen this before?


Earlier this month, a man was sentenced to prison for threats against Fauci — including, as the Daily Beast reported, a wish to break every bone in his “disgusting elf skull.” It was one of countless violent threats against the scientist as Republican officials targeted him for, among other things, the “sweeping shutdown” during the pandemic, as Fox News’s Neil Cavuto put it to Fauci this week.
“I didn’t shut down anything,” Fauci replied.


That’s true. All Fauci could do was give advice. Some governors followed it. DeSantis didn’t. Instead, he fueled conspiracy theories, dubious treatments, and hostility to masks and vaccines. And Florida, after vaccines became available, had by far the highest covid-19 death rate among big states.


Since then, DeSantis has devoted himself to book banning, voter intimidation and restrictions on what schools can teach about race, history and sexuality — all while DeSantis, a graduate of Yale University and Harvard Law School, bashes “elites.”


Such relentless attacks on facts, expertise, learning and voting, like fantasies of violence against a nefarious elite, are tools of the authoritarian. But don’t take Biden’s word for it.


At DeSantis’s alma mater this week, Yale President Peter Salovey opened the academic year with a speech on the current “assault on truth,” in which he quoted Hannah Arendt, revered philosopher of the pre-Trump right: “The ideal subject of totalitarian rule is not the convinced Nazi or the convinced Communist, but people for whom the distinction between fact and fiction (i.e., the reality of experience) and the distinction between true and false (i.e., the standards of thought) no longer exist.”


This is where the MAGA Republicans are taking us. It’s past time to call it what it is.

Sarasota, where DeSantis candidates won the school board, is a very conservative district.

Polk County went for Trump in the past; 52% of its voters are Republicans. But Ron DeSantis’ conservative slate lost.

Billy Townsend explains the surprising outcome.

And he concludes that if DeSantis can’t win Polk County, he’s in trouble.

To recap: Chief crank Ron DeSantis and his Polk GOP hench-cranks succeeded completely in making the Polk School Board elections partisan. In doing so, they lost basically every geographical engine of growth, commerce, creativity, and civic life in Polk County. And they added some functional chunk of Republican primary voters to the generic Polk County Democratic political coalition, at least for a night. Well played, GOP.

A 33-year-old woman insinuated herself into the inner circle at Mar-A-Lago, posing as a member of the famed Rothschild family. She used fake identity papers. She played golf with Trump and Lindsay Graham. At the least, the story shows how lax was security at Trump’s resort. At worst, why was she there?

For a time, Anna de Rothschild boasted of her family roots to the European banking dynasty, donning designer clothes, a Rolex watch, and driving a $170,000 black Mercedes-Benz SUV.

She talked about developing a sprawling luxury housing project on Emerald Bay in the Bahamas, a high-rise hotel in Monaco, and a Formula One race track in Miami, say people who knew her.

A pivotal moment for the woman who was fluent in several languages took place last year when she was invited to Mar-a-Lago, where she mingled with former President Donald Trump’s supporters and showed up the next day for a golf outing with Mr. Trump and Sen. Lindsey Graham among other political luminaries….

A year before the FBI’s spectacular raid of the former president’s seaside home, the woman whose real name is Inna Yashchyshyn, a Russian-speaking immigrant from Ukraine, made several trips into the estate posing as a member of the famous family while making inroads with some of the former president’s key supporters.

The ability of Ms. Yashchyshyn — the daughter of an Illinois truck driver — to bypass the security at Mr. Trump’s club demonstrates the ease with which someone with a fake identity and shadowy background can get into a facility that’s one of America’s power centers and the epicenter of Republican Party politics.

Why was she there? Who paid for her car and clothing? How did she get a fake passport?

Trump is obsessed with Barack Obama. He tried to reverse whatever his predecessor did. In the wake of the FBI seizure of classified documents from Trump’s residence, Trump insisted that Obama took 33 million documents and no one complained. This became a talking point on rightwing Trump talk shows.

The National Archives issued a statement refuting Trump’s lie:

The National Archives and Records Administration issued a statement Friday in an attempt to counter misstatements about former president Barack Obama’s presidential records after several days of misinformation that had been spread by former president Donald Trump and conservative commentators.

Since the FBI search of his Florida home and club this week for classified documents, Trump has asserted in social media posts that Obama “kept 33 million pages of documents, much of them classified” and that they were “taken to Chicago by President Obama.”

In its statement, NARA said that it obtained “exclusive legal and physical custody” of Obama’s records when he left office in 2017. It said that about 30 million pages of unclassified records were transferred to a NARA facility in the Chicago area and that they continue to be maintained “exclusively by NARA.”

Classified records from Obama are kept in a NARA facility in Washington, the statement said.
“As required by the [Presidential Records Act], former President Obama has no control over where and how NARA stores the Presidential records of his Administration,” the statement said.