Category Archives: Election 2016

Strzok v Barr DOJ documents released, Peter Strzok lawsuit, Attorney General Barr motion to dismiss, “grave risks to the Bureau’s institutional interests and basic integrity.”

Strzok v Barr DOJ documents released, Peter Strzok lawsuit, Attorney General Barr motion to dismiss, “grave risks to the Bureau’s institutional interests and basic integrity.”

“The FBI clearly has records pertaining to Seth Rich, and it has withheld those
records in bad faith.”…Attorney Ty Clevenger October 11, 2019

“Why John Brennan, Peter Strzok and DOJ Needed Julian Assange Arrested”…The Conservative Treehouse November 3, 2019

“Instead of doing so, the government has continued to defy its
constitutional, ethical and legal obligations to this Court and to the defense, and to hide evidence that it knows exonerates Mr. Flynn. As is the essence of the problem here, instead of protecting its citizens, the “government” is protecting its own criminal conduct and operatives.”…Attorney Sidney Powell October 23, 2019

 

From Peter Strzok v. William Barr Attorney General.

MEMORANDUM IN SUPPORT OF DEFENDANTS’ MOTION TO DISMISS OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT AS TO COUNT ONE AND COUNT TWO, AND MOTION FOR SUMMARY JUDGMENT AS TO COUNT THREE

Filed November 18, 2019.

“Yet, as the FBI was placing enormous trust in Plaintiff and giving him substantial authority over some of the most important investigations in recent memory, he committed a series of serious and sustained lapses in judgment. In particular, a Department of Justice (“Department”) Office of the Inspector General (“OIG”) investigation found that Plaintiff had exchanged over 40,000 text messages with an FBI attorney (“Government Attorney” or “GA”) on their government-issued phones, among them texts written in 2016 in which Plaintiff called the President—at that time, still a candidate for President—a “disaster” and suggested that “[w]e’ll stop” him from taking office. And in a text he wrote in 2017—after the President had taken office and during Plaintiff’s tenure as a lead investigator for Special Counsel Robert Mueller’s team—Plaintiff described his
own “sense of unfinished business.” As he wrote to the Government Attorney in that text: “I unleashed it with [the Clinton email investigation]. Now I need to fix it and finish it. . . . Who gives a f*ck, one more A[ssistant] D[irector] . . . [versus] [a]n investigation leading to impeachment?”

“The statements made in those and similar text exchanges involved matters of public concern. But when made by an FBI Special Agent—especially a member of the Bureau’s senior leadership—in the context of active investigations over which that Special Agent had official responsibility, these messages posed grave risks to the Bureau’s institutional interests and basic integrity. The lapses in judgment embodied in those messages and others like them risked undermining public confidence in two of the Bureau’s highest-profile investigations. And even
more broadly, those lapses in judgment risked damaging the public trust in the FBI as a nonpartisan, even-handed, and effective law enforcement institution—trust that is essential to the FBI’s ability to vigorously enforce the nation’s laws without fear or favor.”

““As I considered the facts associated with the adjudication of your case, I could not recall another incident like yours that brought such discredit on the organization. In my 23 years in the FBI, I have not seen a more impactful series of missteps that has called into question the entire organization and more thoroughly damaged the FBI’s reputation. In our role as FBI employees
we sometimes make unpopular decisions, but the public should be able to examine our work without having to question our motives.” ”

Read more:

https://www.courtlistener.com/docket/16020887/strzok-v-barr/

Read the released documents if you can stomach it.

This is some of the most disgusting, biased and yes evil wording I have witnessed.

https://www.scribd.com/document/435752237/Strzok-v-Barr-DOJ-DE-30-5

 

More here:

https://citizenwells.com/

http://citizenwells.net/

 

Obamagate: Obama and Hillary had to win to avoid prosecutions, Obama et al treason in hiding eligibility and coup against Trump and American people

Obamagate: Obama and Hillary had to win to avoid prosecutions, Obama et al treason in hiding eligibility and coup against Trump and American people

“Instead of doing so, the government has continued to defy its
constitutional, ethical and legal obligations to this Court and to the defense, and to hide evidence that it knows exonerates Mr. Flynn. As is the essence of the problem here, instead of protecting its citizens, the “government” is protecting its own criminal conduct and operatives.”…Attorney Sidney Powell October 23, 2019

“Why John Brennan, Peter Strzok and DOJ Needed Julian Assange Arrested”…The Conservative Treehouse November 3, 2019

“Why did Patrick Fitzgerald and the US Justice Department wait until December 2008 to arrest Rod Blagojevich?”…Citizen Wells

 

Citizen Wells wrote in 2008 that Obama had to win the election to avoid being prosecuted for a number of serious crimes.

He was up to his ears in Chicago and Illinois corruption that others such as Rod Blagojevich and Tony Rezko were indicted and prosecuted for.

Patrick Fitzgerald, who as it turns out was buddies with the Comey crowd, made sure Obama was protected.

And of course Mr. Brennan made sure his passport data was cauterized.

Mr. Bauer, et al of Perkins Coie made sure his birth certificate data never saw the light of day.

And since Hillary did not win the election, a host of former Obama Administration folks created and perpetuated myths and hoaxes to end the presidency of Donald Trump.

More treason.

If there is any justice remaining after the pollution of the Obama era, these folks will be brought to justice.

And that includes Obama and Hillary.

From Citizen Wells October 19, 2011.

“Do not be fooled by the investigation of Jesse Jackson Jr. in the so called selling of Obama’s senate seat. This was a well crafted diversion intended to take the attention away from Obama’s earlier involvement in Chicago corruption with Tony Rezko, Stuart Levine, et al. The investigation of Jackson is another diversion.

I told you in 2008 that Barack Obama had to get elected to avoid prosecution. That applies now as well. Obama may lose the protection of Eric Holder. Patrick Fitzgerald is still wielding his power to protect Obama.”

Read more:

https://citizenwells.com/2011/10/19/william-cellini-trial-capri-capital-obama-connection-obama-arrest-prevented-by-corrupt-us-justice-department-where-is-the-house-judiciary-committee/

From the Unz Review November 12, 2019.

“John Brennan’s CIA Trump Task Force
Could it become Obamagate?

There is considerable evidence that the American system of government may have been victimized by an illegal covert operation organized and executed by the U.S. intelligence and national security community. Former Director of National Intelligence Jim Clapper, former CIA Director John Brennan and former FBI Director Jim Comey appear to have played critical leadership roles in carrying out this conspiracy and they may not have operated on their own. Almost certainly what they may have done would have been explicitly authorized by the former President of the United States, Barack Obama, and his national security team.

It must have seemed a simple operation for the experienced CIA covert action operatives. To prevent the unreliable and unpredictable political upstart Donald Trump from being nominated as the GOP presidential candidate or even elected it would be necessary to create suspicion that he was the tool of a resurgent Russia, acting under direct orders from Vladimir Putin to empower Trump and damage the campaign of Hillary Clinton. Even though none of the alleged Kremlin plotters would have expected Trump to actually beat Hillary, it was plausible to maintain that they would have hoped that a weakened Clinton would be less able to implement the anti-Russian agenda that she had been promoting. Many observers in both Russia and the U.S. believed that if she had been elected armed conflict with Moscow would have been inevitable, particularly if she moved to follow her husband’s example and push to have both Georgia and Ukraine join NATO, which Russia would have regarded as an existential threat.

Trump’s surprising victory forced a pivot, with Clapper, Brennan and Comey adjusting the narrative to make it appear that Trump the traitor may have captured the White House due to help from the Kremlin, making him a latter-day Manchurian Candidate. The lesser allegations of Russian meddling were quickly elevated to devastating assertions that the Republican had only won with Putin’s assistance.

No substantive evidence for the claim of serious Russian meddling has ever been produced in spite of years of investigation, but the real objective was to plant the story that would plausibly convince a majority of Americans that the election of Donald Trump was somehow illegitimate.”

“It is now known that President Barack Obama’s CIA Director John Brennan created a Trump Task Force in early 2016. Rather than working against genuine foreign threats, this Task Force played a critical role in creating and feeding the meme that Donald Trump was a tool of the Russians and a puppet of President Vladimir Putin, a claim that still surfaces regularly to this day. Working with James Clapper, the Director of National Intelligence, Brennan fabricated the narrative that “Russia had interfered in the 2016 election.” Brennan and Clapper promoted that tale even though they knew very well that Russia and the United States have carried out a broad array of covert actions against each other, including information operations, for the past seventy years, but they pretended that what happened in 2016 was qualitatively and substantively different even though the “evidence” produced to support that claim was and still is weak to nonexistent.”

Read more:

http://www.unz.com/pgiraldi/john-brennans-cia-trump-task-force/

 

More here:

https://citizenwells.com/

http://citizenwells.net/

Fiona Hill testimony demolishes Christopher Steele dossier and media reporting, Scathing portrayal of Steele, President was attacked as well

Fiona Hill testimony demolishes Christopher Steele dossier and media reporting, Scathing portrayal of Steele, President was attacked as well

“And also, the point that actually hasn’t come out and,
again, why I’ve been very cross in the media, is that the
President was attacked as well, because the Russians sought
to discredit him.

And I’ve been very unhappy with the media coverage of
all of this, which is why I don’t want to start, you know,
kind of basically doing testimony by virtue of an article
that you’ve read in Politico. Because everybody wants to
sensationalize things, everybody wants to spend time looking
at the things that seem sexy, and they don’t want to actually
look at, you know, talk to what the facts are.”...Fiona Hill testimony

“Hill said she was “shocked” to find out that Steele was the author of the dossier, in part because she had known him to “constantly try to drum up business.””…The Daily Caller

“If I had my choice I would kill every reporter in the world but I am sure we would be getting reports from hell before breakfast.”… William Tecumseh Sherman

 

From The Daily Caller.

“Impeachment Witness Undercut Steele Dossier In Bombshell Testimony

  • Fiona Hill, who was the top Russia expert at the White House, told lawmakers in October that she believed Russians fed disinformation to dossier author Christopher Steele.
  • Hill offered a scathing portrayed of Steele during a deposition she gave as part of the Democratic-led impeachment inquiry of President Donald Trump. 
  • Hill said she was “shocked” to find out that Steele was the author of the dossier, in part because she had known him to “constantly try to drum up business.” 
  • The FBI relied heavily on Steele’s information for its investigation into possible Trump-Russia collusion.

A former White House official who Democrats consider a key witness in their impeachment inquiry told lawmakers in October that she believed Russians likely planted disinformation about President Donald Trump with dossier author Christopher Steele.

Fiona Hill, who served as the White House’s top adviser on Russia affairs until July, told lawmakers she was “shocked” to find out that Steele, a former MI6 officer, was the author of the dossier. That’s in large part because when she had met with Steele in the years leading up to his dossier work, he was “constantly try to drum up business.”

“Because if you also think about it, the Russians would have an ax to grind against him given the job that he had previously. And if he started going back through his old contacts and asking about, that would be a perfect opportunity for people to feed some kind of misinformation,” said Hill, who was a scholar at the Brookings Institution until she joined the Trump administration.

Hill said she was not aware of the dossier until a colleague showed it to her day before BuzzFeed published it on Jan. 10, 2017.

When she read the report, Hill said she had “misgivings and concern that [Steele] could have been played.”

“I almost fell over when I discovered that he was doing this report,” Hill said of Steele, who she said she worked with from 2006 to 2009, when she served as a national intelligence officer.

Hill said she met most recently with Steele in 2016 and saw from those meetings that he “was clearly very interested in building up a client base.”

“And this is why I was concerned about the Steele report because that is a vulnerability,” said Hill.

“Christopher Steele going out and looking for information. He’s obviously out there soliciting information,” she added. “What a great opportunity to, basically, you know, present him with information that he’s looking for that can be couched some truth and some disinformation.”

Read more:
Read testimony here:

Robert Mueller exposed Part 8, Russia breach of FBI communications system on Mueller Obama watch, FBI systems compromise occurred not long after 2010

Robert Mueller exposed Part 8, Russia breach of FBI communications system on Mueller Obama watch, FBI systems compromise occurred not long after 2010

“Mueller was chosen as Special Counsel not because he has integrity but because he will do what the powerful want him to do.”…Coleen Rowley, former FBI special agent

“Robert Mueller, like Andrew McCabe and the rest of the anti-Trump criminal conspirators, consider themselves above the law and on a divine mission to unseat Trump. Mueller’s conflicts of interest, starting with his relationship with James Comey, are well documented. His role, along with Deputy Attorney General Rod Rosenstein, in covering up the FBI’s early investigation into Russia’s nuclear bribery in the Uranium One case are also a matter of public record.

McCabe and Mr. Mueller are the leaders in the criminal conspiracy of the century, a silent coup against a sitting president that does indeed make Watergate look like a third-rate burglary.”…Daniel John Sobieski, American Thinker Dec 19, 2017

“Transcript suggests Obama White House pressured intelligence agencies to blame Russia.”…Attorney Ty Clevenger on released FBI docs

 

From Yahoo News September 16, 2019.

“Exclusive: Russia carried out a ‘stunning’ breach of FBI communications system, escalating the spy game on U.S. soil”

“American officials discovered that the Russians had dramatically improved their ability to decrypt certain types of secure communications and had successfully tracked devices used by elite FBI surveillance teams. Officials also feared that the Russians may have devised other ways to monitor U.S. intelligence communications, including hacking into computers not connected to the internet. Senior FBI and CIA officials briefed congressional leaders on these issues as part of a wide-ranging examination on Capitol Hill of U.S. counterintelligence vulnerabilities.”

“The compromise of FBI systems occurred not long after the White House’s 2010 decision to arrest and expose a group of “illegals” – Russian operatives embedded in American society under deep non-official cover – and reflected a resurgence of Russian espionage. Just a few months after the illegals pleaded guilty in July 2010, the FBI opened a new investigation into a group of New York-based undercover Russian intelligence officers. These Russian spies, the FBI discovered, were attempting to recruit a ring of U.S. assets — including Carter Page, an American businessman who would later act as an unpaid foreign policy adviser to Donald Trump’s 2016 presidential campaign.”

“Yahoo spoke about these previously unreported technical breaches and the larger government debates surrounding U.S. policies toward Russia with more than 50 current and former intelligence and national security officials, most of whom requested anonymity to discuss sensitive operations and internal discussions. While the officials expressed a variety of views on what went wrong with U.S.-Russian relations, some said the United States at times neglected to appreciate the espionage challenge from Moscow, and paid a significant price for a failure to prioritize technical threats.”

“The FBI’s discovery of these compromises took place on the heels of what many hoped would be a breakthrough between Washington and Moscow — the Obama administration’s 2009 “reset” initiative, which sought to improve U.S.-Russia relations. Despite what seemed to be some initial progress, the reset soon went awry.”

“That effort compromised the encrypted radio systems used by the FBI’s mobile surveillance teams, which track the movements of Russian spies on American soil, according to more than half a dozen former senior intelligence and national security officials. Around the same time, Russian spies also compromised the FBI teams’ backup communications systems — cellphones outfitted with “push-to-talk” walkie-talkie capabilities. “This was something we took extremely seriously,” said a former senior counterintelligence official.

The Russian operation went beyond tracking the communications devices used by FBI surveillance teams, according to four former senior officials. Working out of secret “listening posts” housed in Russian diplomatic and other government-controlled facilities, the Russians were able to intercept, record and eventually crack the codes to FBI radio communications.”

“The FBI teams were using relatively lightweight radios with limited range, according to former officials. These low-tech devices allowed the teams to move quickly and discreetly while tracking their targets, which would have been more difficult with clunkier but more secure technology, a former official said. But the outdated radios left the teams’ communications vulnerable to the Russians. “The amount of security you employ is the inverse of being able to do things with flexibility, agility and at scale,” said the former official.

A former senior counterintelligence official blamed the compromises on a “hodgepodge of systems” ineffective beyond the line of sight. “The infrastructure that was supposed to be built, they never followed up, or gave us the money for it,” said the former official. “The intelligence community has never gotten an integrated system.””

“Even so, the costs to U.S. intelligence were significant. Spooked by the discovery that its surveillance teams’ communications had been compromised, the FBI worried that some of its assets had been blown, said two former senior intelligence officials. The bureau consequently cut off contact with some of its Russian sources, according to one of those officials.”

Read more:

https://news.yahoo.com/exclusive-russia-carried-out-a-stunning-breach-of-fbi-communications-system-escalating-the-spy-game-on-us-soil-090024212.html

Do not be misled that the Russians were able to interfere in the 2016 election.

That has been disproved beyond a shadow of a doubt.

The story here is the incompetence of the FBI under the “leadership” of Mueller, Obama and eventually Comey.

 

More here:

https://citizenwells.com/

http://citizenwells.net/

 

 

Robert Mueller exposed Part 6,  US v. Michael Flynn, Motion to compel production of Brady Material and order to show cause, Attorney Sydney Powell 

Robert Mueller exposed Part 6,  US v. Michael Flynn, Motion to compel production of Brady Material and order to show cause, Attorney Sydney Powell

“Given the material defense counsel has requested, which remains outstanding, Mr. Van Grack’s denial that further Brady material exists is patently absurd. It demonstrates arrogance and utter contempt for the letter and the spirit of this Court’s explicit order, the rule of Brady v. Maryland, and the protections guaranteed to defendants by the U.S. Constitution.”…US v. Flynn motion to compel production of Brady Material 

“The evidence indicates Mueller has destroyed or is suppressing Brady material.”…Attorney Sydney Powell

“We are being lied to on a scale unimaginable by George Orwell.”…Citizen Wells

 

Robert Mueller, even though he is responsible for much of the investigation that touched Michael Flynn, has his name conspicuously absent from the motion.

I believe I may know the reason why, but will defer to the experts.

“UNITED STATES OF AMERICA
Plaintiff,
v.
MICHAEL T. FLYNN,
Defendant.

MOTION TO COMPEL THE PRODUCTION OF BRADY
MATERIAL AND FOR AN ORDER TO SHOW CAUSE

Michael T. Flynn (“Mr. Flynn”) requests this Court (i) order the prosecutors to show cause why they should not be held in contempt for their repeated refusals to comply with this Court’s Brady order and their constitutional, legal, and ethical obligations; (ii) compel the government to produce to Mr. Flynn evidence relevant and material to his defense as identified in this Motion; (iii) compel the government to produce to the defense any additional information
that has come to the attention of the Inspector General, the FBI, or any other member of the Department of Justice that bears on the government’s own conduct or its allegations against Mr. Flynn; and (iv) order the government to preserve all emails, documents, texts and other material relevant to the investigation of Mr. Flynn including by Special Counsel.

I. Background
As explained more fully in Mr. Flynn’s accompanying brief, Brady v. Maryland and its progeny require the government to produce all evidence “material either to guilt or to punishment, irrespective of the good faith or bad faith of the prosecution.” 373 U.S. 83, 87 (1963). Because the government is supposed to pursue justice—not merely convictions—its responsibility to produce Brady material is a grave one, its scope wide-ranging, and its duration ongoing. Indeed, this Court has entered both an initial Standing Order to produce Brady material,
on December 12, 2017, and an updated Order on February 16, 2018, making it clear to the government that its duty to produce exculpatory evidence exists independently of Mr. Flynn’s guilty plea, and that that duty has not expired.

Yet, when undersigned new counsel for Mr. Flynn requested a detailed list of outstanding Brady material immediately upon taking over from prior counsel, Mr. Van Grack glibly responded a few weeks later, on June 26, 2019, writing:

[t]he government has exceeded its discovery and disclosure obligations in this matter, including those imposed pursuant to Brady v. Maryland, 373 U.S. 83 (1963), and the Court’s Standing Order dated February 16, 2018. Additionally, in the plea agreement that your client signed on November 30, 2017, your client waived the right to any further discovery or disclosures of information. As such, the government does not anticipate providing additional information in response to your letter.1

Given the material defense counsel has requested, which remains outstanding, Mr. Van Grack’s denial that further Brady material exists is patently absurd. It demonstrates arrogance and utter contempt for the letter and the spirit of this Court’s explicit order, the rule of Brady v. Maryland, and the protections guaranteed to defendants by the U.S. Constitution. In fact, just last
week, Mr. Van Grack produced an additional 330 pages that included information that any reasonable attorney would understand as Brady evidence in light of Special Counsel’s investigation and assertions that Mr. Flynn was an undisclosed “agent of Russia” or an “agent of Turkey.”2
That production also shows that Mr. Flynn passed his polygraph test in 2016 and his security clearance was renewed. This was at the same time the FBI seems to have been investigating him under the pretext that he was an “agent of Russia” and/or of Turkey.
Interestingly, the new production also shows that James Clapper refused to assist in the investigation for Mr. Flynn’s security clearance, which Mr. Flynn received after a full investigation despite Mr. Clapper’s actions.

Yet again, in the Status Report filed today, the prosecutors exude arrogance in their flat denials of both our request for security clearances and the production of Brady material. Production of obvious Brady material while repeatedly and stoutly denying any such material exists prompts questions of how much more is still outstanding and whether these prosecutors are willing or able to recognize it when they see it. The only alternative explanation is even worse.”

“ORDER
The Court has carefully considered Mr. Michael T. Flynn’s motion to show cause and to compel production of Brady material and it is hereby ORDERED that said motion is GRANTED. The government is hereby ORDERED to show cause why it should not be held in contempt for its violations of this Court’s Standing Brady Order. The government is hereby ordered to provide all original documents requested by the defense for which the government has only provided summaries, including raw notes supporting those documents.

The government is also ordered to take all steps necessary to preserve all forms of electronic communications, cell phones, and computers of all members of Special Counsel team and the Department of Justice or FBI who communicated with Lisa Page and/or Peter Strzok, whose devices were destroyed. The government is also ordered to preserve all documents that mention Mr. Flynn.”

Read more:

https://www.courtlistener.com/recap/gov.uscourts.dcd.191592/gov.uscourts.dcd.191592.111.0.pdf

 

More here:

https://citizenwells.com/

http://citizenwells.net/

Bauman v. Butowsky et al, Dismissed, Circumstances surrounding Seth Rich’s death remain unresolved, Bauman “Democrat crisis management person”

Bauman v. Butowsky et al, Dismissed, Circumstances surrounding Seth Rich’s death remain unresolved, Bauman “Democrat crisis management person”

“On March 1, 2017, Wheeler told Butowsky that he (Wheeler) had independently acquired some “dynamic information” from one of his sources, the “lead detective” on the Seth Rich murder case. Wheeler also claimed that he had learned and knew who was “blocking the [murder] investigation”…Butowsky Vs Folkenflik, NPR, et al

“And if all others accepted the lie which the Party imposed
–if all records told the same tale–then the lie passed into
history and became truth. “Who controls the past,” ran the
Party slogan, “controls the future: who controls the present
controls the past.”…George Orwell, “1984″

“We are being lied to on a scale unimaginable by George Orwell.”…Citizen Wells

 

The ruling by judge Richard J. Leon was filed on March 29, 2019 dismissing the case against Ed Butowsky.

Heard much about this from the fake news media?

Heard much in the fake news media about the lawsuits Ed Butowsky has filed against those making false allegations against him?

Perhaps they are too busy trying to keep the false Russian Narrative alive and trying to obfuscate the Seth Rich murder story and possible link to the DNC leaks to Wikileaks.

From the ruling by judge Richard J. Leon on Bauman v. Butowsky, et al.

“While there is, of course, no real comparison to be made between the public debate over the Kennedy assassination and Seth Rich’s murder, this case does share much with Lane. Like the Kennedy assassination, the circumstances surrounding Seth Rich’s death remain unresolved. Compl. at ¶¶ 2, 29. Perhaps this would be a different case if the murderer had been caught, tried, and convicted and the motive made public; the present state of play, however, effectively precludes a factual determination as to the falsity of Butowsky’s statement. See Campbell vCitizens for an Honest Gov’tInc., 255 F.3d 560, 577(8th Cir. 2001) (“[w]hile we are not aficionados of conspiracy theories, we suppose that if [defendant’s] assertions are true, there would be inherent difficulties in verifying or refuting such a claim”). To be sure, my decision in this case in no way condones Butowsky’s conduct. But our Circuit Court has said that “where the question of truth or falsity is a close one, a court should err on the side of non-actionability.” Moldea II22 F.3d at 317. I will heed that admonition.

The remaining statements—that Bauman is a “Democrat crisis management person” “assigned” by the DNC to act as the Rich Family spokesperson, Compl. at ¶ 53—are not defamatory. To be defamatory, a statement must not only be capable of injuring the plaintiff “in his trade, profession or community standing” but also goes beyond mere offensiveness to “make the plaintiff appear odious, infamous, or ridiculous.” Competitive Enterprise150 A.3d at 1241 (internal quotation marks omitted). As with falsity, whether a statement is capable of defamatory meaning is a threshold question of law for the Court. Jankovic vInt’l Crisis Grp., 494 F.3d 1080, 1091 (D.C. Cir. 2007). The pleadings in this case make clear that Bauman is a public relations specialist, see Compl. at ¶¶ 14, 22, 51, and Bauman does not appear to dispute that his work often relates to Democratic Party causes, see Def. Butowsky’s Mot. to Dismiss at 5-6 [Dkt. # 12]; Mem. in Supp. of Def. Heavin’s Mot. to Dismiss at 1 [Dkt. # 14-1]; see generally Pl.’s Opp’n to Def. Heavin’s Mot. to Dismiss; Pl.’s Opp’n to Def. Butowsky’s Mot. to Dismiss [Dkt. # 23]. Thus, an accusation of being a “Democrat crisis management person” would hardly harm Bauman professionally. Indeed, it could be easily viewed by many as a badge of honor. Nor would the assertion that Bauman had been tasked by the DNC to handle communications on a matter of public interest that had quickly become politicized make him appear odious.

Of course, defamatory meaning need not be express. White vFraternal Order of Police909 F.2d 512, 518 (D.C. Cir. 1990). A statement may be defamatory by implication  if “a reasonable person could draw a defamatory inference” from the statement. Parnigoni vStColumba’s Nursery School681 F.Supp.2d 1, 15 (D.D.C. 2010). “In other words, defamation by implication evolves from what a statement reasonably implies.” Id. Here, the overarching defamatory inference that Bauman presents is that Butowsky’s statements form part of a larger narrative accusing him of working alongside the DNC to conceal criminality “at the highest echelons,” to cover up Seth Rich’s murder, and to impede law enforcement’s investigation into the murder. Compl. at ¶¶ 4, 59, 75, 129. But defamation by implication requires “an especially rigorous showing,” as the publication “must not only be reasonably read to impart the false innuendo, but it must also affirmatively suggest that the author intends or endorses the inference.” Guilford Transportation IndustriesInc., 760 A.2d at 596 (quoting Chapin vKnight-Ridder993 F.2d 1087, 1092-93 (4th Cir. 1993)). In the article on which Bauman relies, Butowsky certainly states his opinion that the DNC is engaged in nefarious activities, and he suggests that Bauman appeared at the DNC’s behest and that his role is deserving of suspicion. SeeCompl. at ¶ 53. But the facts alleged are insufficient to show that Butowsky intended, or affirmatively endorsed, the implication that Bauman’s job was, as the complaint puts it, to “execute the DNC’s plan to cover up Seth Rich’s murder.” Id. at ¶ 4; see also id. at ¶ 129(b) (“assigned and paid by the DNC to serve as the Rich family spokesperson so that he could obstruct the  investigation into Seth Rich’s murder”). Accordingly, Butowsky’s statements, although clearly hyperbolic, are not actionable in defamation.

 As Bauman has not met the first element of a defamation claim, I need not address Butowsky’s argument that Bauman is a limited purpose public figure under the First Amendment. ——–

b. Remaining Causes of Action

Bauman also brings claims for defamation per se and false light against Butowsky. For the reasons stated above, Bauman has not stated a claim for defamation per se, which occurs when a defendant falsely accuses the plaintiff of committing a crime or other unlawful act. Seee.g., Guilford TranspIndus., Inc., 760 A.2d at 600. Additionally, “[w]hen a false light claim is based upon the same factual allegations as a defamation claim, the two are analyzed identically.” Parisi vSinclair845 F.Supp.2d 215, 218 n.1 (D.D.C. 2012) (citing Blodgett vUnivClub930 A.2d 210, 223 (D.C. 2007)). Bauman therefore also has failed to state a false light claim.

CONCLUSION

For the foregoing reasons, Heavin’s Rule 12(b)(2) motion to dismiss for lack of personal jurisdiction and Butowsky’s 12(b)(6) motion to dismiss for failure to state a claim are hereby GRANTED, and this case is DISMISSED as to those defendants. A separate order consistent with this decision accompanies this Memorandum Opinion.”

Read more:

https://www.courtlistener.com/recap/gov.uscourts.dcd.196850/gov.uscourts.dcd.196850.35.0_1.pdf

 

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