Tag Archives: May 29

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



“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.”


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.””

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Donald Trump Obama records CNBC interview, May 29, 2012, Born in Kenya?, College transcripts, Authenticity of birth certificate questioned

Donald Trump Obama records CNBC interview, May 29, 2012, Born in Kenya?, College transcripts, Authenticity of birth certificate questioned

“Why has Obama, since taking the White House, used Justice Department Attorneys, at taxpayer expense,  to avoid presenting a legitimate birth certificate and college records?”…Citizen Wells

“I do not know where Barack Obama was born. I do know that he has used taxpayer dollars to keep his records hidden.”…Citizen Wells

“The Solomon Bill, requiring students at Columbia and other colleges to register for the draft and references to Obama being born in Kenya until 2008, explain why Obama did not register for the draft and why Obama’s Selective Service Application was forged.”…Citizen Wells

Thanks to commenter SueQ for the partial transcript of the Donald Trump interview on CNBC today.

” I want to go back to the birther stuff. You were fanning the flames last week. Are you back in the same place where you were before? I never really changed. Nothing’s changed my mind. You have a huge group of people. I walk down the street and people are screaming please don’t (something deleted from transcript). A publisher came out last week and had a statement about a young man doing a book, born in Kenya and raised in Indonesia. The publisher came out and said we made a mistake. What do we do? Oh, we made a mistake. That’s not the way life works. He’s a young man doing a book and he said what he believed to be the truth. So there’s a whole lot of things. His mother was never in the hospital, they don’t know which hospital it was, his grandmother said he was born in Kenya. It all wouldn’t matter except if you’re born in a foreign country, you’re not allowed to be president so this is a minor detail. So the publisher comes out last week and made this statement and said we made a mistake. Is it an important thing? In a way it is because it says you’re not allowed to be president if you’re not born in the country. I’m not fanning flames. This is something that came out last week, a lot of people are questioning his birth certificate, questioning the authenticity of his birth certificate. I’ve been known as being a very smart giep (not sure what a giep is… will have to listen again) for a long time. I don’t consider myself birther or not birther but there are some major questions here and the press just refuses to cover it. Now, if that were somebody else, they’d be covering it and throwing people out of office but they don’t want to cover it. So it’s interesting. There is a weird — in that same report that was on some of the conservative web sites and i haven’t even confirmed it, Donald, but there was a quote from one of his debates when he was running for state senator, I believe and one of his opponents said, well, this was at the time when the Kenya thing was still on some of his biographies or something and the guy said you weren’t even born here, he said it doesn’t matter if I’m born here, I wasn’t running for president at the time — there was a quote, from him. But the question is whether there was a time in his life where he thought it was more attractive to be a more national type guy and maybe didn’t change the impression that he wasn’t. I don’t know. Joe, just to finish off, a lot of people want to see his college transcripts. They’re not looking at his marks, his grade, was he a good student. they want to see what they say about place of birth. Those transcripts have disappeared. nobody seems to be able to get them. I was able to get him to produce a birth certificate, if it was a correct birth certificate. A lot of people have very serious doubts. they want to see his college transcripts because they want to see what is he saying about place of birth. What did he say? Well, he is really stone walling it, to use an old Nixon term, he is really stone walling it when it comes to — he just doesn’t want to give those transcripts. What does he say at Columbia and Harvard and his other college where he supposedly did not get good marks and got into Columbia. What does he say about place of birth? One other thing, the hospital. the mother was never in the hospital. These are minor details but they can’t find any records that the mother was in the hospital. So it’s a tough situation.”


Blagojevich trial, May 29, 2010, Obama controls Justice Department, Blagojevich plea?, Obama is guilty of corruption, Chicago pay to play politics, Who will throw who under the bus?, Patrick Fitzgerald controlled?

Blagojevich trial, May 29, 2010, Obama controls Justice Department, Blagojevich plea?

“We control life, Winston, at all its levels. You are imagining that there is something called human nature which will be outraged by what we do and will turn against us. But we create human nature. Men are infinitely malleable.”… “1984″ by George Orwell


Citizen Wells May 11, 2010
“I have given this much thought. Given the amount of evidence, the number of witnesses, the suicides and other questionable deaths of those connected to Blagojevich and ultimately Obama. Given the power Obama has over the Justice Department. Given the fact that the Blagojevich team seems desperate to delay the trial. I believe that it is highly likely that Blagojevich may cop a plea.

The question remains.

Who will throw who under the bus?”

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Citizen Wells, yesterday, May 28, 2010
“Obama administration opposes Blagojevich request to delay corruption trial”

“The Obama administration says the Supreme Court should let the corruption trial of ousted Illinois Gov. Rod Blagojevich move forward.

Acting Solicitor General Neal Katyal told the high court on Friday that he sees no reason for a delay.”

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Extent of corruption and media coverup

“We have a trial, a story, about Rod Blagojevich, his numerous corrupt cronies including Tony Rezko, Stuart Levine, Barack Obama and a host of others involved in long time crime and corruption in Chicago and IL. We have a story, far bigger and more far reaching than Watergate. We have a story including businessmen, attorneys, state and local officials, the Governor of Illinois, the occupant of the White House and his long time associates, and it is barely being covered by the mainstream media. And worse than that, it is being covered up. Even our last refuge of information access, the internet, is being manipulated.”

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Is this part of the setup?

“These questions beg for an answer and we deserve one.
Why wasn’t Rod Blagojevich indicted soon after the Rezko trial ended in June 2008? He was wreaking havoc on the citizens of Illinois.
Why was the arrest of Blagojevich delayed until December 2008, after the 2008 elections?
Why was prosecutor Patrick Fitzgerald given this assignment by Barack Obama?
August 5, 2009
“I was preparing a new article, a more detailed version of an earlier article about Obama’s role in rigging the Illinois Health Planning Facilities Board (you know, the board mentioned in the indictments of Rezko, Levine, Weinstein, Blagojevich, et al). The events leading up to the Blagojevich trial are dragging on in typical fashion and I did not want the American public to forget about Obama’s strong ties to Chicago corruption. The Citizen Wells blog has for many months stated that Obama should be indicted next. The question was, would Patrick Fitzgerald do his duty or be controlled by the Obama camp.

Now we have the answer.”

“At the relevant time period, the Planning Board consisted of nine individuals. State law required an entity seeking to build a hospital,
medical office building, or other medical facility in Illinois to obtain a permit, known as a “Certificate of Need” (“CON”), from the Planning Board prior to beginning construction.”
Why was the above left out of the Indictment?

Why is this not being shouted from the rooftops?

“At the relevant time period, the Planning Board consisted of nine individuals.”

The following sentence is one of the clearest connections of Obama to the rigging of the Planning Board. Obama was chairman of the IL Senate committee that changed the number of members from 15 to 9.”

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Why would the Obama administration want to get this over quickly?
Citizen Wells and many other internet sites are presenting the truth about Blagojevich and his ties to long time corruption in Chicago and IL and his ties to

Obama. This has struck a nerve. The Obama camp in cooperation with entities like Google have been trying to hide these stories.
We have a synergy coming into play.

  • Blagojevich’s cocky, overconfident attitude.
  • The Obama camp wanting this put to rest, oversimplified and not implicating Obama in the corruption.
  • The US Justice Department. Will they do their job or is the Obama Administration calling all of the shots.

I believe that Blagojevich will plead guilty. I believe that he has no choice.
If Rod Blagojevich pleads guilty and gets a light sentence, you will know that Obama has controlled this and that there is no justice. No Justice Dept.

Memorial day history, May 29, 2010, Citizen Wells open thread, Lest we forget

Memorial day history, May 29, 2010

“We the people are the rightful masters of both Congress and the courts, not to overthrow the Constitution but to overthrow the men who pervert the Constitution.”…Abraham Lincoln


Memorial Day History

“Memorial Day, originally called Decoration Day, is a day of remembrance for those who have died in our nation’s service. There are many stories as to its actual beginnings, with over two dozen cities and towns laying claim to being the birthplace of Memorial Day. There is also evidence that organized women’s groups in the South were decorating graves before the end of the Civil War: a hymn published in 1867, “Kneel Where Our Loves are Sleeping” by Nella L. Sweet carried the dedication “To The Ladies of the South who are Decorating the Graves of the Confederate Dead” (Source: Duke University’s Historic American Sheet Music, 1850-1920). While Waterloo N.Y. was officially declared the birthplace of Memorial Day by President Lyndon Johnson in May 1966, it’s difficult to prove conclusively the origins of the day. It is more likely that it had many separate beginnings; each of those towns and every planned or spontaneous gathering of people to honor the war dead in the 1860’s tapped into the general human need to honor our dead, each contributed honorably to the growing movement that culminated in Gen Logan giving his official proclamation in 1868. It is not important who was the very first, what is important is that Memorial Day was established. Memorial Day is not about division. It is about reconciliation; it is about coming together to honor those who gave their all.

Memorial Day was officially proclaimed on 5 May 1868 by General John Logan, national commander of the Grand Army of the Republic, in his General Order No. 11, and was first observed on 30 May 1868, when flowers were placed on the graves of Union and Confederate soldiers at Arlington National Cemetery. The first state to officially recognize the holiday was New York in 1873. By 1890 it was recognized by all of the northern states. The South refused to acknowledge the day, honoring their dead on separate days until after World War I (when the holiday changed from honoring just those who died fighting in the Civil War to honoring Americans who died fighting in any war). It is now celebrated in almost every State on the last Monday in May (passed by Congress with the National Holiday Act of 1971 (P.L. 90 – 363) to ensure a three day weekend for Federal holidays), though several southern states have an additional separate day for honoring the Confederate war dead: January 19 in Texas, April 26 in Alabama, Florida, Georgia, and Mississippi; May 10 in South Carolina; and June 3 (Jefferson Davis’ birthday) in Louisiana and Tennessee.”

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OBAMACARE, OBAMA ELIGIBILITY, March on Washington, Washington DC, Saturday, May 29, 2010, Obama not eligible


From Philip J Berg.

This is not the “Change” we believe in
At the Ellipse – President’s Park South
17th St & Constitution Ave, NW

    DATE:    SATURDAY, MAY 29, 2010
    TIME:     12:00 NOON – 4:00 P.M.

*  The United States Constitution mandates the President of the United States must be a United States “natural
    born” Citizen – Article II, Section I;

*  Obama was born in Mombasa, in what is now Kenya, Africa;

*  Obama’s legal name is Barry Soetoro;

*  Obama is an Indonesian Citizen as he was adopted/acknowledged by his stepfather, Lolo Soetoro, an
    Indonesian Citizen; and

*  The Healthcare bill (ObamaCare) signed into Law by Obama on March 23, 2010 is unconstitutional
    and voidable  since he is ineligible to serve as President of the United States.

For these reasons, Philip J. Berg, Esquire, Obamacrimes.com is sponsoring the “OBAMACARE/OBAMA ELIGIBILITY” March on Washington in Washington, D.C. on Saturday, May 29, 2010 from 12:00 noon to 4:00 P.M.

All individuals participating are requested to bring a copy of their Birth Certificate and meet at the Ellipse – President’s Park South located at 17th St & Constitution Ave, NW, Washington, D.C.

For updated information, please visit:

Philip J. Berg, Esq., 555 Andorra Glen Court, Suite 12, Lafayette Hill, PA 19444-2531 (610) 825-3134, philjberg@gmail.com

Larry Sinclair interview, Jeff Rense interview, Thursday, May 29, 2008, threats to Sinclair, Sinclair’s mother, DNC visit

Larry Sinclair has been in Washington DC since Wednesday, May 28, 2008. During this time he has visited the DNC, FBI, been interviewed by a major media reporter and was interviewed by Jeff Rense on Thursday, May 29, 2008. Sinclair talks about his visit to the DNC, his visit to the FBI, interviews and about the many threats made to him. Listen to the Jeff Rense interview: