Tag Archives: 2019?

Butowsky v. NPR Folkenflik et al Agreed Motion to Modify Scheduling Order August 19, 2019, Additional time is necessary for completion of discovery

Butowsky v. NPR Folkenflik et al Agreed Motion to Modify Scheduling Order August 19, 2019, Additional time is necessary for completion of discovery

Mueller, as a matter of determined policy, omitted key steps which any honest investigator would undertake. He did not commission any forensic examination of the DNC servers. He did not interview Bill Binney. He did not interview Julian Assange. His failure to do any of those obvious things renders his report worthless.”…Craig Murray

“Fox News news analyst Ellen Ratner relayed information from Wikileaks founder Julian Assange to Texas businessman Ed Butowsky regarding Seth Rich’s role in transferring emails to Wikileaks, according to an amended lawsuit that I filed this morning on behalf of Mr. Butowsky.”…Attorney Ty Clevenger

“Who murdered Seth Rich and why?”…Citizen Wells

 

From the Ed Butowsky v. NPR Folkenflik et al Agreed Motion to Modify Scheduling Order dated August 19, 2019.

1. On March 21, 2019, this Court entered a Scheduling Order (Dkt. # 57), which set forth various deadlines up to an including a Final Pretrial Conference on January 31, 2020. Pending before the Court at that time were Defendants’ Motion to Dismiss for Failure to State a Claim, filed on October 16, 2018 (Dkt. # 25) and Plaintiff’s Motion for Leave to Amend Complaint, filed on March 15, 2019 (Dkt. 53). On April 17, 2019, the Magistrate Judge issued a
Report and Recommendation, recommending that Defendants’ Motion to Dismiss be denied (Dkt. # 58), and on August 7, 2019, the Court adopted that Report and Recommendation and denied the Defendants’ Motion to Dismiss, and additionally granted the Plaintiff’s Motion for Leave to Amend his Complaint (Dkt. # 65).

2. The parties have exchanged written discovery, but have mutually agreed that in light of the number of witnesses who must be deposed, several of whom are non-parties outside the control of any party, additional time is necessary for completion of discovery, the deadline to file dispositive motions, and trial. In addition, Plaintiff wishes to further amend his pleadings, based on events which occurred after the current Scheduling Order’s deadline to amend pleadings. Accordingly, the parties jointly request that portions of the March 21, 2019
Scheduling Order be modified, as set forth below.”

Read more:

https://www.courtlistener.com/recap/gov.uscourts.txed.183024/gov.uscourts.txed.183024.68.0.pdf

 

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Ed Butowsky v. Michael Gottlieb et al, Amended Complaint July 31, 2019, Seth Rich leaked DNC emails, Julian Assange told Ellen Ratner who notified Butowsky, Joel Rich revealed Aaron role

Ed Butowsky v. Michael Gottlieb et al, Amended Complaint July 31, 2019, Seth Rich leaked DNC emails, Julian Assange told Ellen Ratner who notified Butowsky, Joel Rich revealed Aaron role

Mueller, as a matter of determined policy, omitted key steps which any honest investigator would undertake. He did not commission any forensic examination of the DNC servers. He did not interview Bill Binney. He did not interview Julian Assange. His failure to do any of those obvious things renders his report worthless.”…Craig Murray

“Fox News news analyst Ellen Ratner relayed information from Wikileaks founder Julian Assange to Texas businessman Ed Butowsky regarding Seth Rich’s role in transferring emails to Wikileaks, according to an amended lawsuit that I filed this morning on behalf of Mr. Butowsky.”…Attorney Ty Clevenger

“Who murdered Seth Rich and why?”…Citizen Wells

 

From the Ed Butowsky v. Michael Gottlieb et al, Amended Complaint:

“42. The DNC employee responsible for the leaks was Seth Rich, and he was
assisted by his brother Aaron. Mr. Butowsky does not know exactly when the DNC figured out that Mr. Rich was the source of the leak. On July 10, 2016, however, Mr. Rich was fatally shot while walking home in Washington, D.C., and the murder has not been solved. Mr. Butowsky does not know whether the murder is related to Mr. Rich’s role in leaking DNC emails.
43. Shortly after the murder, the interim DNC chair at the time, Donna Brazile,
reached out to Mr. McCabe and Washington, D.C. Mayor Muriel Bowser for help in dealing with the political consequences of the murder. Ms. Brazile knew suspicions would soon arise, fairly or unfairly, that the murder was connected to the email leaks. D.C. police allowed the FBI to unlock Seth Rich’s electronic devices, and the FBI obtained data showing that Mr. Rich had indeed provided the DNC emails to Wikileaks. At Mr. McCabe’s direction, however, that information was kept secret with orders that it not be produced in response to any Freedom of Information Act request. For her part, Ms. Bowser directed D.C. police not to pursue any investigative avenues that might connect the murder to the email leaks. At her direction, local police blamed the murder on a “botched robbery” even though Mr. Rich’s watch, wallet, and other belongings were not removed from his body.
44. On July 22, 2016, Wikileaks began publishing thousands of email that had
been downloaded from the DNC’s servers by Seth Rich and his brother, Aaron. Those emails showed how the campaign of Democratic Presidential nominee Hillary Clinton had corruptly taken control of the DNC for the purpose of sabotaging her primary opponent, Bernie Sanders. Per their game plan, the Clinton campaign and the DNC immediately claimed that the emails had been obtained by hackers working for the Russian government.
45. Mr. Butowsky stumbled into the RCH crosshairs after Ellen Ratner, a news
analyst for Fox News and the White House correspondent for Talk Media News,
contacted him in the Fall of 2016 about a meeting she had with Mr. Assange. Ms.
Ratner’s brother, the late Michael Ratner, was an attorney who had represented Mr. Assange. According to Ms. Ratner, she made a stop in London during a return flight from Berlin, and she met with Mr. Assange for approximately six hours in the Ecuadorean embassy. Ms. Ratner said Mr. Assange told her that Seth Rich was responsible for releasing the DNC emails to Wikileaks. Ms. Ratner said Mr. Assange wanted the information relayed to Seth’s parents, as it might explain the motive for Seth’s murder.
46. Upon her return to the United States, Ms. Ratner asked Mr. Butowsky to
contact the Rich family and relay the information from Mr. Assange, apparently because Ms. Ratner did not want her involvement to be made public. In the two months that followed, Mr. Butowsky did not attempt to contact the Rich family, but he grew increasingly frustrated as the DNC and #Resistance “journalists” blamed the Russian government for the email leak. On December 16, 2016, Mr. Butowsky sent a text message to Ms. Ratner:”

“Ms. Ratner subsequently told Mr. Butowsky that she had informed Bill Shine, who was then the co-president of Fox News, about her meeting with Mr. Assange in London. Ms. Ratner also informed Fox News producer Malia Zimmerman about her meeting with Mr. Assange.
47. On December 17, 2016, at the instigation of Ms. Ratner, Mr. Butowsky finally
contacted Joel and Mary Rich, the parents of Seth, and he relayed the information about Ms. Ratner’s meeting with Mr. Assange. During that conversation, Mr. Rich told Mr. Butowsky that he already knew that his sons were involved in the DNC email leak, but he and his wife just wanted to know who murdered Seth. Mr. Rich said he was reluctant to go public with Seth’s and Aaron’s role in leaking the emails because “we don’t want anyone to think our sons were responsible for getting Trump elected.” Mr. Rich said he
did not have enough money to hire a private investigator, so Mr. Butowsky offered to pay for one. Mr. Rich accepted the offer and thanked Mr. Butowsky in an email.”

I strongly urge you to read the entire complaint:

https://www.courtlistener.com/recap/gov.uscourts.txed.188353/gov.uscourts.txed.188353.101.0.pdf

 

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Ellen Ratner only relayed information from Julian Assange about Seth Rich, Attorney Ty Clevenger update July 29, 2019, Ed Butowsky learned of Aaron Rich alleged involvement in phone conversation with Joel Rich

Ellen Ratner only relayed information from Julian Assange about Seth Rich, Attorney Ty Clevenger update July 29, 2019, Ed Butowsky learned of Aaron Rich alleged involvement in phone conversation with Joel Rich

Mueller, as a matter of determined policy, omitted key steps which any honest investigator would undertake. He did not commission any forensic examination of the DNC servers. He did not interview Bill Binney. He did not interview Julian Assange. His failure to do any of those obvious things renders his report worthless.”…Craig Murray

“Unfounded links between Clinton and the Rich killing predate the July 13, 2016, “bulletin” and coverage of it by a sketchy site called WhatDoesItMean.com. What’s more, the “hit team” story, which Sines says was repeated several weeks later, wasn’t the primary Rich-related conspiracy that gained traction.”…Washington Post July 9, 2019

“Who murdered Seth Rich and why?”…Citizen Wells

 

From Attorney Ty Clevenger and LawFlog July 29, 2019.

“Correction: Ellen Ratner only relayed information about Seth Rich, according to Butowsky

Several readers identified a contradiction between a lawsuit that I drafted on behalf of Ed Butowsky versus what he said in an interview. The mistake is mine

Ellen Ratner only relayed information from Julian Assange about Seth Rich, but she said nothing about his brother, Aaron, according to Mr. Butowsky. Paragraph 45 of the First Amended Complaint in Edward Butowsy v. Michael Gottlieb, et al. mistakenly says she relayed information about both.

Mr. Butowsky said he knew nothing about Aaron’s alleged involvement until he had a phone conversation with Joel Rich, father of Seth and Aaron.”

“That’s why we asked Aaron Rich more than a year ago to authorize Wikileaks to reveal whether he was involved in leaking emails from the Democratic National Committee. Thus far, he and his lawyers have refused to do so.”

Read more:

http://lawflog.com/?p=2248

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Aaron Rich v Ed Butowsky et al update June 10, 2019, Rich Statement of Facts, “falsely accusing him of: helping Seth steal the DNC’s emails; receiving money from Wikileaks”

Aaron Rich v Ed Butowsky et al update June 10, 2019, Rich Statement of Facts, “falsely accusing him of: helping Seth steal the DNC’s emails; receiving
money from Wikileaks”

“In August 2017, Defendants Butowsky, Couch, and AFM launched
a relentless social media campaign to insert Aaron Rich into this
already baseless conspiracy theory—they have done so by falsely
accusing him of: helping Seth steal the DNC’s emails; receiving
money from Wikileaks into Aaron’s personal bank account in
exchange for the transfer of those emails”…Aaron Rich v Ed Butowsky, et al

“Mr. Butowsky stumbled into the RCH crosshairs after he was contacted by a
third party who had recently met with Mr. Assange in London. According to that third party, Mr. Assange said Seth and his brother, Aaron, were responsible for releasing the DNC emails to Wikileaks. At the instigation of that third party, Mr. Butowsky contacted Joel and Mary Rich, the parents of Seth, and relayed the information. During that conversation, Mr. Rich told Mr. Butowsky that he already knew that his sons were involved in the DNC email leak. Mr. Rich said he did not have enough money to hire a private investigator, so Mr. Butowsky offered to pay for one. Mr. Rich accepted the offer and thanked Mr. Butowsky in an email.”… Ed Butowsky v Michael Gottlieb, et al

“Who murdered Seth Rich and why?”…Citizenwells

 

From Aaron Rich v Ed Butowsky, et al filing June 10, 2019.

PLAINTIFF’S UPDATE TO RULE 26(F)
CONFERENCE REPORT AND DISCOVERY PLAN

“Plaintiff Aaron Rich respectfully urges this Court to enter a Scheduling Order without further delay, and additionally to schedule a Status Conference and remove this case from the state of limbo in which it has sat for much of the past year. Mr. Rich filed this action more than a year ago and has litigated the matter in good faith against parties that have effectively opted-out of this matter in the absence of supervision from the Court. The Defendants (and their aligned
third-parties) should not be permitted to disrespect this Court’s jurisdiction. Permitting Defendants to do so is highly prejudicial to Mr. Rich, including because of the serious risk that relevant witnesses (one of whom has passed away since the filing of this case) and evidence will become unavailable to Mr. Rich.”

“STATEMENT OF FACTS”

Aaron Rich’s younger and only brother Seth was murdered in
Washington, D.C. on July 10, 2016 in what law enforcement have
described as an armed robbery. There later emerged an unfounded
conspiracy theory that Seth was assassinated for stealing emails
from his employer, the Democratic National Committee (“DNC”),
and leaking those emails to Wikileaks in the run-up to the 2016
presidential election. Until the summer 2017, this theory did not
claim that Aaron Rich played any role in the purported conspiracy.

In August 2017, Defendants Butowsky, Couch, and AFM launched
a relentless social media campaign to insert Aaron Rich into this
already baseless conspiracy theory—they have done so by falsely
accusing him of: helping Seth steal the DNC’s emails; receiving
money from Wikileaks into Aaron’s personal bank account in
exchange for the transfer of those emails; learning in advance that
Seth was going to be murdered and doing nothing to stop it; and
refusing to cooperate with law enforcement officials investigating
Seth’s murder. In essence, Defendants have accused Aaron of
treason, obstruction of justice, and complicity in his brother’s murder. These defamatory statements have reached tens of thousands of individuals, and Defendants Couch and AFM have used them to raise tens of thousands of dollars for a purported “investigation” into Seth’s murder.

In March 2018, the Washington Times repeated, amplified, and
expanded upon these defamatory statements by publishing an
article, both in print and online, stating that Aaron “downloaded
the DNC emails and was paid by Wikileaks for that information”
(which is completely false) and implying that Aaron had not “been
interviewed” by law enforcement (when in fact he had been). The
publication’s only named source was Defendant Butowsky. The
Times has since retracted the column, apologized to Mr. Rich, and
been dismissed from the case.

Aaron Rich filed this lawsuit for damages and injunctive relief to
recover for the damage done to his reputation and emotional
wellbeing by Defendants’ false campaign against him.”

https://www.courtlistener.com/recap/gov.uscourts.dcd.194794/gov.uscourts.dcd.194794.61.0.pdf

 

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Ed Butowsky v Folkenflik et al plaintiff response to defendant objection to report and recommendation of Magistrate Judge Craven, May 29, 2019, Defamation in Seth Rich reports alleged

Ed Butowsky v Folkenflik et al plaintiff response to defendant objection to report and recommendation of Magistrate Judge Craven, May 29, 2019, Defamation in Seth Rich reports alleged

“The facts that we know of in the murder of the DNC staffer, Seth Rich, was that he was gunned down blocks from his home on July 10, 2016. Washington Metro police detectives claim that Mr. Rich was a robbery victim, which is strange since after being shot twice in the back, he was still wearing a $2,000 gold necklace and watch. He still had his wallet, key and phone. Clearly, he was not a victim of robbery.”…Retired Admiral James A. Lyons March 1, 2018

“Mueller, as a matter of determined policy, omitted key steps which any honest investigator would undertake. He did not commission any forensic examination of the DNC servers. He did not interview Bill Binney. He did not interview Julian Assange. His failure to do any of those obvious things renders his report worthless.”…Craig Murray May 9, 2019

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

 

From the “REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE” by Magistrate Craven April 17, 2019.

“Here, Plaintiff has sufficiently alleged conduct on the part of Defendants sufficient to constitute civil conspiracy. The Court recommends this part of Defendants’ motion to dismiss be denied.”

https://www.courtlistener.com/recap/gov.uscourts.txed.183024/gov.uscourts.txed.183024.58.0.pdf

From Ed Butowsky, plaintiff response to defendant objection to report and recommendation of Magistrate Judge Craven, May 29, 2019.

“● Plaintiff alleges facts that plausibly show Defendants’ actual malice.
“Putting aside the Court’s above concerns as to the applicability of the common
law and statutory privileges – something Defendants must demonstrate – there are other reasons for recommending Defendants’ Rule 12(b)(6) motion to dismiss based on the common law and statutory privileges and the third-party allegations rule be denied. First, even if the conditional privileges do apply, Plaintiff can overcome the privileges by pleading actual malice … Plaintiff alleges facts which plausibly allege actual malice (that Folkenflik knew the statements were false or did not act for the purpose of protecting the interest for which the privileges exist).”
[R&R, pp. 45-46; id., pp. 78-88 (“Even if the Court were to assume, for purposes of this Report and Recommendation only, that Plaintiff is a limited-purpose public figure, the Court would agree with Plaintiff that he has sufficiently alleged actual malice …
Plaintiff’s allegations are sufficient at this stage to create a ‘plausible inference’ that Folkenflik and NPR published the reports with actual malice … Plaintiff’s allegations sufficiently indicate at this stage in the litigation that Folkenflik purposefully avoided learning the truth … Plaintiff plausibly alleges when Folkenflik published the statements, he knew the statements were false, had serious doubts as to their truth, or had a high degree of awareness of their probable falsity … Thus, the Court finds Plaintiff plausibly
alleges Folkenflik and NPR published statements with actual malice.”)].

● Plaintiff sufficiently alleges that Defendants’ reports were not fair,
true, or impartial. “Second, regardless of whether Defendants are seeking to establish the common law or statutory privileges or both, those conditional privileges only protect publications which are fair, true and impartial accounts … The Court finds Plaintiff has alleged facts which plausibly allege the reports were not fair, true, and impartial accounts of the Wheeler Complaint … The Court disagrees with Defendants that they have established their entitlement to dismissal under §73.002(b) (fair report and fair comment privileges) at this stage of the proceedings.”

● Plaintiff sufficiently alleges material falsity.
“Here, as will be discussed in detail below, the Court finds, at this stage of the
case and under the facts as alleged in the Complaint, Plaintiff has sufficiently
alleged the gist of the publications was not substantially true. The Court is not
convinced the publications place Plaintiff in no worse light than the underlying
allegations contained in the Wheeler Complaint, as urged by Defendants. Thus,
the Court is not convinced the third-party allegations rule codified in Texas Civil
Practices and Remedies Code § 73.005(b) applies, and as a matter of law, bars
Plaintiff’s claims.”
[R&R, pp. 50-51, 52-53; id., p. 74, n. 28 (“At this stage of the case and under the facts as alleged in the Complaint (including that Defendants acted in concert and conspiracy with Wigdor to publish and republish false and defamatory statements), the Court also finds Plaintiff has sufficiently alleged the falsity element of his defamation claim. In addition to [his] allegations that Defendants and Wigdor manufactured the false and ‘preconceived’ story, Plaintiff has also sufficiently alleged the gist of the reports was not substantially true – that is, that the reports were not fair, true, and impartial accounts of the Wheeler Complaint.”)].

● NPR’s statements are reasonably capable of a defamatory meaning.
“As previously noted, Plaintiff argues the ‘gist’ of the publications is that
Plaintiff, a ‘Dallas investment manager’ and ‘financial talking head,’ concocted,
spearheaded and actively participated with Fox News and the White House in a
concerted scheme to promote ‘fake news.’ … Evaluating the August 1 Report as a
whole, the Court finds because of material additions and misleading
juxtapositions, an objectively reasonable reader could conclude the report
mischaracterized Plaintiff’s role in the Seth Rich investigation and ‘thereby cast
more suspicion on [Plaintiff’s] actions than an accurate account would have
warranted.’ … The August 1 Report as a whole is reasonably capable of a
defamatory meaning because it goes ‘beyond merely reporting materially true
facts.’ … The August 1 Report also juxtaposed facts in a possibly misleading way
… The Court finds the August 1 Report, as a whole, can be reasonably understood
as stating the meaning Plaintiff proposes and is capable of defamatory meaning.””

Read more:

https://www.courtlistener.com/recap/gov.uscourts.txed.183024/gov.uscourts.txed.183024.64.0.pdf

 

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Watch “Investigating the Investigators” live May 29, 2019, Judicial Watch expert panel examines politicization of DOJ and intelligence community

Watch “Investigating the Investigators” live May 29, 2019, Judicial Watch expert panel examines politicization of DOJ and intelligence community

“The Mueller report perpetuates the Russian narrative, states “Mr. Assange and WikiLeaks “implied falsely” that Mr. Rich had been the source of the emails” and did not investigate it.
The fake news NY Times participates in the charade (Lie) by regurgitating the Mueller statement.”…Citizen Wells

“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

 

From Judicial Watch.

“Judicial Watch Presents–an Expert Special Panel Presentation: ‘Investigating the Investigators’

Judicial Watch is hosting special educational panel on Wednesday, May 29, 2019, from 10 to 11 am ET to discuss “Investigating the Investigators.” Now that the Mueller report has exonerated President Trump of the false accusations of collusion and obstruction, it is time to look into the politicization of DOJ and the intelligence community in their effort to undermine the president. Check out the panel BELOW”

 

“Dr. Carter Page
Former Trump Campaign Advisor
Founder and Managing Partner of Global Natural Gas Ventures LLC

Victoria Toensing
Founding Partner
diGenova & Toensing LLP

Chuck Ross
Investigative Reporter
The Daily Caller News Foundation

Chris Farrell
Director of Investigations and Research
Judicial Watch

Moderator:

Tom Fitton
President
Judicial Watch”

https://www.judicialwatch.org/live/

 

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President Trump announces temporary end to government shutdown, January 25, 2019 press conference, Keeping government open until February 15, 2019

President Trump announces temporary end to government shutdown, January 25, 2019 press conference, Keeping government open until February 15, 2019

“We believe CNN declined a report from KUSI because we informed them that most Border Patrol Agents we have spoken to told us the barrier does in fact work,“…KUSI TV San Diego

“Some have suggested that barrier is immoral. Then why do wealthy politicians build walls, fences, and gates around their homes? They don’t build walls because they hate the people on the outside but because they love the people on the inside. The only thing that is immoral is the politicians to do nothing and continue to allow more innocent people to be so horribly victimized.”…President Trump border wall speech

“I am, you know, adamantly against illegal immigrants.”…Hillary Clinton, WABC 2003

 

Not invoking emergency powers at this time.

Keeping government open until February 15, 2019.

Review of Homeland Security input.

Homeland Security package to be produced.

Proposed structures defined by border patrol.

 

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