December 2024 - cypherpunks - lists.cpunks.org

Re: Inquiry
by Gunnar Larson 21 Dec '24

21 Dec '24

Okay. Thank you for letting me know. Gunnar On Tue, Apr 23, 2024, 8:40 AM Roberta Kaplan <rkaplan(a)kaplanhecker.com> wrote: > I'm sorry, but I don't think we can help you on this. > ------------------------------ > *From:* Gunnar Larson <g(a)xny.io> > *Sent:* Tuesday, April 23, 2024 8:28:27 AM > *To:* Roberta Kaplan <rkaplan(a)kaplanhecker.com> > *Subject:* Re: Inquiry > > You don't often get email from g(a)xny.io. Learn why this is important > <https://aka.ms/LearnAboutSenderIdentification> > This email was sent from outside the Firm. > > Roberta: > > Thank you for your response. > > I wrote this LitigationFinanceJournal.com article back in 2022, now I am > on the other side of it all. > > It is my understanding that the FBI is harassing my business, saying I am > trying to use Donald Trump arguments against the Attorney General's office. > > That is simply not true. I am need to organize a personal attorney to > protect myself from these attacks. I thought it could be beneficial if we > worked together. > > Please let me know your thoughts. > > Thank you, > > Gunnar > --- > > > https://litigationfinancejournal.com/rnc-funding-of-trumps-legal-campaign-u… > > > Litigation Finance Journal recently reported on a group of 14 state > attorneys general that have called for action from the Department of > Justice to review potential threats to U.S. national security from foreign > adversaries’ engagement of litigation investment. Litigation funders and > industry advocates have new ammo in response to the AGs’ claims, given > recent news of the RNC funding former President Donald Trump’s various > legal entanglements. > > > According to ABC News, RNC leaders earmarked $1.6M in legal funding to > support President Donald Trump’s defense over lawsuits brought by New York > Attorney General Letitia James. Meanwhile, the United States Chamber of > Commerce Institute for Legal Reform’s research has prompted 14 state > attorneys general to ask for the Justice Department to assess national > security risks of adversaries ‘undermining’ the United States by engaging > litigation funding and third party investment vehicles. > > The group of 14 state attorneys general are concerned about foreign > adversaries ‘weaponizing’ United States legal frameworks via litigation > investment, to attack critical national industry and infrastructure, such > as energy sectors. The group of 14 seeks the Department of Justice to > detail how a network of federal agencies could engage a blueprint for > defending United States independence from international litigation > investors, hostile groups, agencies or governments such as Russia and China. > > This latest attack on the industry, prompted by the U.S. Chamber of > Commerce, is simply another attempt to undermine the nascent and growing > litigation funding sector. It is ironic, given that in the case of Consumer > Legal Funding–which the Chamber specifically targets–the funding in > question does not go to support legal fees, but rather to finance > claimants’ livelihoods while they remain injured and unable to work. > > While the RNC’s funding of Trump’s legal battles does not constitute > foreign investment, it illustrates the acceptance of third party legal > funding across political lines, and should be noted by industry advocates > looking to respond to the negative publicity put forth by the U.S. Chamber. > > On Tue, Apr 23, 2024, 7:02 AM Roberta Kaplan <rkaplan(a)kaplanhecker.com> > wrote: > > Happy to talk. What is the matter? > ------------------------------ > *From:* Gunnar Larson <g(a)xny.io> > *Sent:* Tuesday, April 23, 2024 3:55:11 AM > *To:* Roberta Kaplan <rkaplan(a)kaplanhecker.com> > *Subject:* Inquiry > > You don't often get email from g(a)xny.io. Learn why this is important > <https://aka.ms/LearnAboutSenderIdentification> > This email was sent from outside the Firm. > > Ms. Kaplan: > > My name is Gunnar Larson and I am a co-founder at xNY.io - Bank.org. > > I was wondering if I could schedule a time to talk with your office > concerning potentially working together on a developing matter. > > Thank you, > > Gunnar > -- > Gunnar Larson > > xNY.io | Bank.org > > MSc - Digital Currency > MBA - Entrepreneurship and Innovation (ip) > > G(a)xNY.io > > +1-917-580-8053 > > New York, New York 10001 > > ------------------------------ > This email and its attachments may contain information that is > confidential and/or protected from disclosure by the attorney-client, work > product or other applicable legal privilege. If you are not the intended > recipient of the email, please be aware that any unauthorized review, use, > disclosure, dissemination, distribution, or copying of this communication, > or any of its contents, is strictly prohibited. If you have received this > communication in error, please notify the sender immediately and destroy > all copies of the message from your computer system. Thank you. > > ------------------------------ > This email and its attachments may contain information that is > confidential and/or protected from disclosure by the attorney-client, work > product or other applicable legal privilege. If you are not the intended > recipient of the email, please be aware that any unauthorized review, use, > disclosure, dissemination, distribution, or copying of this communication, > or any of its contents, is strictly prohibited. If you have received this > communication in error, please notify the sender immediately and destroy > all copies of the message from your computer system. Thank you. >

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492 Highlights to UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 22-CV-14102-MIDDLEBROOKS DONALD J. TRUMP, Plaintiff, v. HILLARY R. CLINTON, et al., Defendants. ____________________
by Gunnar Larson 21 Dec '24

21 Dec '24

INTRODUCTION March 24, 2022 158 Highlights: https://drive.google.com/file/d/1zggK7lgptlZ6Qn11EndzbDloqqVxRifv/view?usp=… 1. In the run-up to the 2016 Presidential Election, Hillary Clinton and her cohorts orchestrated an unthinkable plot – one that shocks the conscience and is an affront to this nation’s democracy. Acting in concert, the Defendants maliciously conspired to weave a false narrative that their Republican opponent, Donald J. Trump, was colluding with a hostile foreign sovereignty. The actions taken in furtherance of their scheme—falsifying evidence, deceiving law enforcement, and exploiting access to highly-sensitive data sources - are so outrageous, subversive and incendiary that even the events of Watergate pale in comparison. 2. Under the guise of ‘opposition research,’ ‘data analytics,’ and other political stratagems, the Defendants nefariously sought to sway the public’s trust. They worked together with a single, self-serving purpose: to vilify Donald J. Trump. Indeed, their far-reaching conspiracy was designed to cripple Trump’s bid for presidency by fabricating a scandal that would be used to trigger an unfounded federal investigation and ignite a media frenzy. 3. The scheme was conceived, coordinated and carried out by top-level officials at the Clinton Campaign and the DNC—including ‘the candidate’ herself—who attempted to shield her involvement behind a wall of third parties.1 To start, the Clinton Campaign and the DNC enlisted the assistance of their shared counsel, Perkins Coie, a law firm with deep Democrat ties, in the hopes of obscuring their actions under the veil of attorney-client privilege. Perkins Coie was tasked with spearheading the scheme to find—or fabricate—proof of a sinister link between Donald J. Trump and Russia. To do so, Perkins Coie launched parallel operations: on one front, Perkins Coie partner Marc Elias led an effort to produce spurious ‘opposition research’ claiming to reveal illicit ties between the Trump Campaign and Russian operatives; on a separate front, Perkins Coie partner Michael Sussmann 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. 4. Marc Elias, in his mission to obtain derogatory anti-Trump ‘opposition research,’ commissioned Fusion GPS, an investigative firm, and its co-founders, Peter Fritsch and Glenn Simpson, and directed them to dredge up evidence—actual or otherwise—of collusion between Trump and Russia. Fritsch and Simpson, in turn, enlisted the assistance of Orbis Ltd. and its owner, Christopher Steele, to produce a series of reports purporting to contain proof of the supposed collusion. Of course, the now fully debunked collection of reports, known as the “Steele Dossier,” was riddled with misstatements, misrepresentations and, most of all, flat out lies. In truth, the Steele Dossier was largely based upon information provided to Steele by his primary sub-source, Igor Danchenko, who was subsequently indicted for falsifying his claims. Even more damning, Danchenko had close ties to senior Clinton Campaign official, Charles Halliday Dolan, Jr., who knowingly provided false information to Danchenko, who relayed it to Steele, who reported it in the Steele Dossier and eagerly fed the deceptions to both the media and the FBI. This duplicitous arrangement existed for a singular self-serving purpose – to discredit Donald J. Trump and his campaign. 5. At the same time, Michael Sussmann, in his hunt for damaging intel against the Trump Campaign, turned to Neustar, Inc., an information technology company, and one of its top executives, Rodney Joffe, a fervent anti-Trumper who had recently been promised a high-ranking position with the Clinton Administration, to exploit their access to non-public data in search of a secret “back channel” connection between Trump Tower and Alfa Bank. When it was discovered that no such channel existed, the Defendants resorted to truly subversive measures – hacking servers at Trump Tower, Trump’s private apartment, and, most alarmingly, the White House. This ill-gotten data was then manipulated to create a misleading “inference” and submitted to law enforcement in an effort to falsely implicate Donald J. Trump and his campaign.2 All of these acts were carried out in coordination with the Clinton Campaign and the DNC, at the behest of certain Democratic “VIPs.”3 6. While their multi-pronged attack was underway, the Defendants seized on the opportunity to publicly malign Donald J. Trump by instigating a full-blown media frenzy. Indeed, the Clinton Campaign and DNC—admittedly on a “mission” to “raise the alarm” about their contrived Trump-Russia link4—repeatedly fed disinformation to the media and shamelessly promoted their false narratives. All the while, Hillary Clinton, Jake Sullivan, Debbie Wasserman Schultz, and others did their best to proliferate the spread of those dubious and false claims through press releases, social media, and other public statements. 7. The fallout from the Defendants’ actions was not limited to the public denigration of Trump and his campaign. The Federal Bureau of Investigation (FBI)—relying on the Defendants’ fraudulent evidence—commenced a large-scale investigation and expended precious time, resources and taxpayer dollars looking into the spurious allegation that the Trump Campaign had colluded with the Russian Government to interfere in the 2016 presidential election. The effects of this unfounded investigation were prolonged and exacerbated by the presence of a small faction of Clinton loyalists who were well-positioned within the Department of Justice and the FBI – James Comey, Andrew McCabe, Peter Strzok, Lisa Page, Kevin Clinesmith, and Bruce Ohr. These government officials were willing to abuse their positions of public trust to advance the baseless probe to new levels, including obtaining an extrajudicial FISA warrant and instigating the commencement of an oversight investigation headed by Special Counsel Robert Mueller. As a result, Donald J. Trump and his campaign were forced to expend tens of millions of dollars in legal fees to defend against these contrived and unwarranted proceedings. Justice would ultimately prevail – following a two-year investigation, Special Counsel Mueller went on to exonerate Donald J. Trump and his campaign with his finding that there was no evidence of collusion with Russia. 8. The full extent of the Defendants’ wrongdoing has been steadily and gradually exposed by Special Counsel John Durham, who has been heading a DOJ investigation into the origins of the Trump-Russia conspiracy. To date, he has already issued indictments to Sussmann and Danchenko, among others, for proffering false statements to law enforcement officials. As outlined below, these ‘speaking’ indictments not only implicate many of the Defendants named herein but also provide a great deal of insight into the inner-workings of the Defendants’ conspiratorial enterprise. Based on recent developments and the overall direction of Durham’s investigation, it seems all but certain that additional indictments are forthcoming. 9. In short, 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. When their gambit failed, and Donald J. Trump was elected, the Defendants’ efforts continued unabated, merely shifting their focus to undermining his presidential administration. Worse still, the Defendants continue to spread their vicious lies to this day as they unabashedly publicize their thoroughly debunked falsehoods in an effort to ensure that he will never be elected again. The deception, malice, and treachery perpetrated by the Defendants has caused significant harm to the American people, and to the Plaintiff, Donald J. Trump, and they must be held accountable for their heinous acts. ____________________ BACKGROUND September 8, 2022 190 Highlights: https://drive.google.com/file/d/1JUQtPF8f6ckSRHwLcu3S_joyF5xQoA-A/view?usp=… 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, 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 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. ____________________ BACKGROUND October 31, 2022 25 Highlights: https://drive.google.com/file/d/1QynNCV7iSPi-8b6dt605jmFTTNSaXtuD/view?usp=… PlaintifP’s pleadings and theories were obviously and fatally defective from the very inceptionof this action. Plaintiff's initial Complaint spanned 108 pages and S08 paragraphs. DE 1 (March 24, 2022). It named 28 individual defendants, as well as 10 John Does and 10 ABC Corporations. /d. Less than a month after the Complaint was filed, Hillary Clinton moved to dismiss it with prejudice. DE 52 (Apr. 20,2022). Defendant Clinton’s motion identified manyofthe fundamentalfactual deficiencies and legal flaws that would ultimately lead this Court to dismiss the Amended Complaint: namely, (1) that Plaintifs claims were untimely on their face, DE 52 at 1-5; (2) that Plaintiff's own tweets confirmed his knowledge ofhis supposed claimsno later than October 2017, DE 52 at 2-3; (3) that Plaintiffs Complaint was replete with inadequate and conclusory allegations, DE 52 at 6; (4) that Plaintiff failed to allege a RICO enterprise, DE 52 at 7; (5) that Plaintiff failed to allege the predicate act of theft of trade secrets based on DNS information, DE 52 at 8-9; (6) thatPlaintifffailedtoallege the predicate act ofobstructionofjustice in part because he identified no “official proceeding,” DE 52 at 9-10; (7) that Plaintiff failed to allege a patter of racketeering activity, DE 52 at 11-12; (8) that Plaintiff failed to adequately allege RICO standing because his supposed injuries were almostentirely undescribed, DE 52.at 12-14; (9) that Plaintiffs injurious falsehood claim was barred by the First Amendment, DE 52 at 15-17; (10) that Plaintiff failed to allege almost every necessary clementof injurious falsehood under Florida law, DE 52 at 17-18; (11) that Plaintiff failed to allege a malicious prosecution claim as to any official proceeding and, in particular, as to the properly predicated Crossfire Hurricane investigation, DE 52 at 19-20; and (12) that Plaintiff failed to allege a claim for “agency” because it is not an independent cause of action under Florida law. In response, Plaintiff's counsel indicated that they planned to amend the Complaint. DE 66 (Apr. 21, 2022). Defendant Clinton did not oppose counsel's request for an extension of time in whichto amend. See, e.g., DE 102 (Apr. 27,2022). In the intervening period, other Defendants joined Clinton's motion to dismiss and filed their own motions alertingPlaintiff and his counsel to additional fatal defects in the Complaint. See DE 124 (John Podesta), 139 (Peter Fritsch, Fusion GPS, Glenn Simpson); 141 (DNC Services Corporation, Democratic National Committee, Debbie Wasserman Schultz); 143 (Perkins Coie); 144 (Nellie Ohr); 145 (Robby Mook): 146 (Michael Sussmann); 147 (Mare Elias); 149 (HFACC); 157 (Rodney Joffe); 159 (Igor Danchenko); 160 (Neustar, Inc.); 162 & 163 (Charles Halliday Dolan, Jr.); 165 (Jake Sullivan). With respect to each motion, Plaintiff's counsel indicated that they planned to amend in response to the motions, and Defendants did not oppose extensionsof time to allow them to do so. See DE 153 (May 17,2022). PlaintifP’s counsel filed the Amended Complaint approximately two months after receiving Defendant Clinton’s motion to dismiss and with the benefit of Defendants” additional motions in the interim. DE 177 (June 21, 2022). “But despite this briefing, PlaintifPs Amended Complaint failed to cureanyofthe deficiencies.”DE 267 at 63-64 (Sept. 8, 2022) (“0p.”). “Instead, Plaintiff added eighty new pages of largely irrelevant allegations that did nothing to salvage the legal sufficiency of his claims.” Op. at 64. The Amended Complaint is “193 pages in length, with 819 numbered paragraphs,” and “contains 14 counts, names 31 defendants, 10 “John Does” described as fictitious and unknown persons, and 10 *ABC Corporations’ identified as fictitious and unknown entities.” Op. at 4. ____________________ BACKGROUND November 10, 2022 66 Highlights: https://drive.google.com/file/d/1ppCsJe6sSJKIionWtII4rI4qRMbKzBn3/view?usp=… The Complaint. In March 2022, Charles Dolan was among 29 defendants initially sued by Mr. Trump. (DE 1). He was identified as a former chairman of the DNC, a senior official in the Clinton Campaign, and a close associate of and advisor to Hillary Clinton. The Complaint alleged that in April 2016, Mr. Dolan participated in discussions about the creation of a “dossier” to smear Mr. Trump and disseminate false accusations to the media (Compl. ¶ 79), and at the direction of Ms. Clinton assisted in preparation of the dossier (Compl. ¶ 81). According to the Complaint, an allegation contained within the dossier that Mr. Trump engaged in salacious sexual activity in a Moscow hotel was derived from Mr. Dolan. (Compl. ¶ 91). Mr. Dolan was sued for RICO conspiracy (Count II), conspiracy to commit injurious falsehood (Count IV), and conspiracy to commit malicious prosecution (Count VI). The Warning Letter. On May 31, 2022, counsel for Mr. Dolan wrote the attorneys for Mr. Trump. They warned: 1. That Mr. Dolan had no role in any conspiracy related to the Steele dossier. 2. That Mr. Dolan was not a source for the allegations of sexual activity. 3. That Mr. Dolan had not been in contact with any defendant other than Igor Danchenko, and that Mr. Dolan’s contacts with Mr. Danchenko involved business interests and help for a conference in Moscow. 4. That Mr. Dolan had never been chairman of the DNC. 5. That Ms. Clinton was on record through a spokesperson as stating she had no recollection of Mr. Dolan. (DE 268-1). The letter requested that Mr. Dolan not be named as a defendant in any forthcoming Amended Complaint. The letter further warned that if he were to be named, or if he was not dropped from the original Complaint, Rule 11 sanctions would be sought. The Amended Complaint. On June 21, 2022, Plaintiff filed an Amended Complaint, as had been expected. It ballooned to 193 pages, 819 paragraphs and 31 defendants. With respect to Mr. Dolan, the allegations remained essentially the same. But in the Amended Complaint, Mr. Dolan was identified somewhat more vaguely as the former chairman of a “national Democratic political organization.” (Am. Compl. ¶ 96). Elsewhere, he was described as a “senior Clinton Campaign Official.” (Am. Compl. ¶ 4). Moreover, and somewhat inexplicably, Mr. Dolan was identified in the Amended Complaint as a citizen and resident of New York, despite a declaration that Mr. Dolan had provided to Plaintiff’s lawyers explaining that Mr. Dolan was a resident of Virginia. (Am. Compl. ¶ 20; DE 268-2). The Sanctions Motion and Memorandum. On July 15, 2022, Mr. Dolan served on Mr. Trump’s lawyers a motion seeking sanctions pursuant to Rule 11. The motion pointed out that the change in Mr. Dolan’s purported title from “former chairman of the DNC” in the original Complaint to “former chairman of a national Democratic political organization,” in the Amended Complaint did not solve the problems identified in the warning letter because Mr. Dolan had never been the chairman of any such organization. The motion further explained that Mr. Dolan’s role in the Clinton Campaign was limited to knocking on doors as a volunteer. The motion also stated that Mr. Dolan had never been a resident of New York, that Mr. Dolan had told Plaintiff’s lawyers so, and that the allegations of the Amended Complaint to that effect demonstrated a lack of diligence over something easily checked. Mr. Dolan’s motion for sanctions went on to place the Trump lawyers on notice of a critical failure in their claims, warning them that the Danchenko Indictment referenced throughout the Amended Complaint not only failed to support their allegations against Mr. Dolan but contradicted them. That warning continues to be unheeded. ____________________ BACKGROUND January 19, 2023 53 Highlights: https://drive.google.com/file/d/1sf0y-bIBdwaa1PO0Y3hKWhhImoXXCfbR/view?usp=… 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 hope of destroying his life, his political career, and rigging the 2016 Presidential Election in favor of Hillary Clinton.” (DE 1 ¶ 9). The next day, Alina Habba, Mr. Trump’s lead counsel told Fox News’ Sean Hannity: You can’t make this up. You literally cannot make a story like this up . . . and President Trump is just not going to take it anymore. If you are going to make up lies, if you are going to try to take him down, he is going to fight you back. And that is what this is, this is the beginning of all that.1 She then explained on Newsmax: What the real goal [of the suit] is, is democracy, is continuing to make sure that our elections, continuing to make sure our justice system is not obstructed by political enemies. That cannot happen. And that’s exactly what happened. They obstructed justice. They continued the false narrative . . . This grand scheme, that you could not make up, to take down an opponent. That is un-American.2 On April 20, 2022, less than a month after the Complaint was filed, Hillary Clinton moved for dismissal with prejudice. Her motion identified substantial and fundamental factual and legal flaws. Each of the other Defendants followed suit, pointing to specific problems with the claims against them. The problems in the Complaint were obvious from the start. They were identified by the Defendants not once but twice, and Mr. Trump persisted anyway. Despite this briefing and the promise “to cure any deficiencies,” Plaintiff’s counsel filed the Amended Complaint on June 21, 2022. (DE 177). The Amended Complaint failed to cure any of the defects. See DE 267, Order of Dismissal (September 8, 2022). Instead, Plaintiff added eighty new pages of largely irrelevant allegations that did nothing to salvage the legal sufficiency of his claims. (DE 267 at 64). The Amended Complaint is 193 pages in length, with 819 numbered paragraphs, and contains 14 counts, names 31 defendants, 10 John Does described as fictitious and unknown persons, and 10 ABC Corporations identified as fictitious and unknown entities. On July 14, 2022, the United States moved pursuant to the Westfall Act, 28 U.S.C. § 2679 (d)(i), to substitute itself as Defendant for James Comey, Andrew McCabe, Peter Strzok, Lisa Page, and Kevin Clinesmith. (DE 224). On July 21, 2022, I granted the motion to substitute. (DE 234). On September 8, 2022, I dismissed the case with prejudice as to all Defendants except for the United States. 3 I issued a detailed and lengthy Order, which I incorporate by reference here. (DE 267). I found that fatal substantive defects which had been clearly laid out in the first round of briefing, precluded the Plaintiff from proceeding under any of the theories presented. I found that the Amended Complaint was a quintessential shotgun pleading, that its claims were foreclosed by existing precedent, and its factual allegations were undermined and contradicted by the public reports and filings upon which it purported to rely. I reserved jurisdiction to adjudicate issues pertaining to sanctions. Undeterred by my Order and two rounds of briefing by multiple defendants, Ms. Habba continued to advance Plaintiff’s claims. In a September 10, 2022, interview with Sean Hannity, the host asked her “Why isn’t [Hillary Clinton] being held accountable for what she did?” Ms. Habba’s response reiterated misrepresentations on which this lawsuit was based: Because when you have a Clinton judge as we did here, Judge Middlebrooks who I had asked to recuse himself but insisted that he didn’t need to, he was going to be impartial, and then proceeds to write a 65-page scathing order where he basically ignored every factual basis which was backed up by indictments, by investigations, the Mueller report, et cetera, et cetera, et cetera, not to mention Durham, and all the testimony we heard there, we get dismissed. Not only do we get dismissed, he says that this is not the proper place for recourse for Donald Trump. He has no legal ramifications. Where what [sic] is the proper place for him? Because the FBI won’t help when you can do anything, obstruct justice, blatantly lie to the FBI, Sussmann’s out, he gets acquitted, where do you go? That’s the concern for me, where do you get that -- that recourse?4 She also indicated that, while Mr. Trump doubted the suit would succeed, she nevertheless “fought” to pursue it: You know, I have to share with you a story, Sean, that I have not shared with anybody. The recourse that I have at this point is obviously to appeal this to the 11th Circuit as Gregg said. But when I brought this case and we were assigned you know, this judge and we went through the recusal process, we lost five magistrates, including Reinhart [sic] who’s dealing with the boxes as we know. The former president looked at me and he told me, you know what Alina. You’re not going to win. You can’t win, just get rid of it, don’t do the case. And I said, no, we have to fight. It’s not right what happened. And you know, he was right, and it’s a sad day for me personally because I fought him on [it] and I should have listened, but I don’t want to lose hope in our system. I don’t. So, you know I’m deciding whether we’re going to appeal it.5 Defendants now move to recover attorneys’ fees and costs under Fed. R. Civ. P. 11, 28 U.S.C. § 1927, the Defend Trade Secrets Act, and/or this Court’s inherent power. (DE 280 at 1). In Part II, I find that a sanction under this Court’s inherent power is appropriate. I do so by examining Plaintiff’s (and his lawyers’) conduct throughout this litigation. In Part III, I look to Plaintiff’s conduct in other cases. And in Part IV, I determine the reasonableness of Defendants’ attorneys’ fees and costs.

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Lambda Legal Adds Attorney In NY Focused On Trans Rights
by Gunnar Larson 21 Dec '24

21 Dec '24

Lambda Legal Adds Attorney In NY Focused On Trans Rights <https://www.law360.com/access-to-justice/articles/2276466?nl_pk=ab5ce197-c1…> By Christine DeRosa LGBTQ+ advocacy group Lambda Legal has hired a new senior attorney focused on the organization's work defending the transgender community. Read full article » <https://www.law360.com/access-to-justice/articles/2276466?nl_pk=ab5ce197-c1…> | Save to favorites » <https://www.law360.com/access-to-justice/articles/2276466?nl_pk=ab5ce197-c1…>

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Thomas, Alito, Gorsuch Crack Door For 2nd Amendment Fight
by Gunnar Larson 21 Dec '24

21 Dec '24

Thomas, Alito, Gorsuch Crack Door For 2nd Amendment Fight <https://www.law360.com/access-to-justice/articles/2271131?nl_pk=ab5ce197-c1…> By Marco Poggio Three U.S. Supreme Court justices on Monday signaled their willingness to delve into an appeal from a Hawaii man who argues that he is being unconstitutionally prosecuted for owning a handgun without a license, though they agreed with the rest of the court that they don't currently have jurisdiction to hear it. 2 documents attached | Read full article » <https://www.law360.com/access-to-justice/articles/2271131?nl_pk=ab5ce197-c1…> | Save to favorites » <https://www.law360.com/access-to-justice/articles/2271131?nl_pk=ab5ce197-c1…>

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Prisoners Reach Largest-Ever Settlement With BOP Over Abuse
by Gunnar Larson 21 Dec '24

21 Dec '24

Prisoners Reach Largest-Ever Settlement With BOP Over Abuse <https://www.law360.com/access-to-justice/articles/2275346?nl_pk=ab5ce197-c1…> By Marco Poggio More than 100 women currently and formerly detained at a now-shuttered federal women's prison in Northern California have reached settlements with the federal Bureau of Prisons worth nearly $116 million to end individual lawsuits alleging sexual assault and harassment at the hands of prison staffers. Read full article » <https://www.law360.com/access-to-justice/articles/2275346?nl_pk=ab5ce197-c1…> | Save to favorites » <https://www.law360.com/access-to-justice/articles/2275346?nl_pk=ab5ce197-c1…>

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Texas AG Blocks Roberson Legislative Testimony
by Gunnar Larson 21 Dec '24

21 Dec '24

Texas AG Blocks Roberson Legislative Testimony <https://www.law360.com/access-to-justice/articles/2276327?nl_pk=ab5ce197-c1…> By Madeline Lyskawa Texas state representatives on Friday slammed Attorney General Ken Paxton's last-minute effort to block testimony from a man on death row after his 2-year-old daughter died from what was diagnosed as shaken baby syndrome. Motion attached | Read full article » <https://www.law360.com/access-to-justice/articles/2276327?nl_pk=ab5ce197-c1…> | Save to favorites » <https://www.law360.com/access-to-justice/articles/2276327?nl_pk=ab5ce197-c1…>

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Pro Bono Spotlight How Akin Helped Holocaust Survivors Win Reparations
by Gunnar Larson 21 Dec '24

21 Dec '24

Pro Bono Spotlight How Akin Helped Holocaust Survivors Win Reparations <https://www.law360.com/access-to-justice/articles/2276578?nl_pk=ab5ce197-c1…> By Marco Poggio The Anti-Defamation League recently honored a Holocaust survivor who went on to become the face of a movement seeking accountability from the French national railroad company SNCF for its role in taking tens of thousands of Jews to Nazi concentration camps. The movement was assisted pro bono by attorneys from Akin Gump Strauss Hauer & Feld LLP. Read full article » <https://www.law360.com/access-to-justice/articles/2276578?nl_pk=ab5ce197-c1…> | Save to favorites » <https://www.law360.com/access-to-justice/articles/2276578?nl_pk=ab5ce197-c1…>

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Re: MIA Coin and POX Kleptocracy: CORRUPTION FIN-2022-A001 - SAR 38(m).
by Gunnar Larson 21 Dec '24

21 Dec '24

Wed, Apr 20, 2022, 4:38 PM On Wed, Apr 20, 2022, 4:38 PM Gunnar Larson <g(a)xny.io> wrote: > Dear Department of the Treasury: > > From the prompt of FinCEN's Resource Center, the details below are kindly > submitted to your esteemed attention. > > Please let me know if I can be of any assistance. > > Sending you the very best regards. > > Thank you, > > Gunnar Larson > -- > *Gunnar Larson - xNY.io <http://www.xny.io/> - Bank.org <http://bank.org/>* > MSc > <https://www.unic.ac.cy/blockchain/msc-digital-currency/?utm_source=Google&u…> - > Digital Currency > MBA > <https://www.unic.ac.cy/business-administration-entrepreneurship-and-innovat…> - Entrepreneurship > and Innovation (ip) > > G(a)xNY.io > +1-646-454-9107 > New York, New York 10001 > > ---------- Forwarded message --------- > From: Gunnar Larson <g(a)xny.io> > Date: Fri, Apr 15, 2022 at 1:17 PM > Subject: MIA Coin and POX Kleptocracy: CORRUPTION FIN-2022-A001 - SAR > 38(m). > To: <FRC(a)fincen.gov> > Cc: cypherpunks <cypherpunks(a)lists.cpunks.org> > > > Dear FinCEN: > > xNY.io - Bank.org, PBC thanks you for sending yesterday's advisory on > kleptocracy and foreign public corruption. We have made 30 highlights to > the FIN-2022-A001 > <https://drive.google.com/file/d/1yF3qDQG19J-qN1vUPC36lQfVClq3HPXB/view?usp=…> > advisory for reference. > > *The aim of today's memo is to learn FinCEN's insights into MIA Coin and > the consensus algorithm Proof of Transfer (POX). xNY.io - Bank.org, PBC is > concerned about potential MIA Coin and City Coin kleptocracy that may be > affecting our global enterprise. * > > *FinCEN may note that NYCCoin is illegal in New York State, given the > BitLicense mandate. As such, we are not concerned with NYCCoin's legality > given the clear BitLicense mandate. * > > - On February 4, 2022 we submitted a City of Miami records request for > any and all correspondence between the City of Miami concerning CityCoins, > MIA Coin and Stacks (STX). Additionally, any and all related correspondence > concerning CityCoins, MIA Coin, Stacks (STX), Digital World Acquisition > Corp and Harvard Management Company. > - Today, April 15, 2022 > <https://drive.google.com/file/d/1OyVUBq8PcG7SVZ5lUp_oWyL0IDAR5uTP/view?usp=…> > we have yet to receive the 13, 092 records. Attached you will find our > latest correspondence with Miami, notifying them of our intention to > contact FinCEN concerning MIA Coin and POX. > - Conducting independent marketplace research, xNY.io - Bank.org, PBC > established a premise to potential kleptocracy between the City of Miami > and City Coins, of Iceland <https://who.is/whois/citycoins.co> > international registration. Furthermore, MineMiamiCoin.com is registered > in Germany <https://who.is/whois/minemiamicoin.com>. > - Please find the City of Miami's resolution > <https://drive.google.com/file/d/1IrQwP46alrnQXRxIoXxm8kifZMVTRB_x/view?usp=…>approving > gifts from City Coins ... Furthermore, City Coins suggests a $25,000 > "reward" > <https://drive.google.com/file/d/1Eb2Q-LZNApwQRyjbBcD5-_yEW0Id51QD/view?usp=…> > (that may be confused as bribery) for Mayors who participate. > > MIA Coin is powered by POX > <https://drive.google.com/file/d/1wL2kN6aMfsyT-T7g01YJSBB8meMn2SWg/view?usp=…>, > a computer protocol that may exploit the U.S. and international financial > systems to launder illicit gains, including through the use of shell > companies, offshore financial centers, and professional service providers > who enable the movement and laundering. > > MIA Coin' POX protocol is a wealth extraction tool that unfairly rewards > an inside group of miners, rewarding patronage networks that benefit his > inner circle and regime. These practices harm the competitive landscape of > financial markets and often have long-term corrosive effects on good > governance, democratic institutions, and human rights standards. > > FinCEN, we are concerned Miami's City Coin > <https://drive.google.com/file/d/1IrQwP46alrnQXRxIoXxm8kifZMVTRB_x/view> > resolution potentially confirms Miami leaders as kleptocrats, using their > position and influence to enrich themselves and their networks of corrupt > actors. > > Finally, we understand that MIA Coin and POX operations are powered by > international data warehouses, located in Iceland, Germany and Hong Kong. > For these reasons, given FinCEN's alert on kleptocracy and foreign public > corruption we kindly seek guidance. > > Sending you the very best regards. > > Thank you, > > Gunnar Larson > -- > *Gunnar Larson - xNY.io <http://www.xNY.io> - Bank.org <http://Bank.org>, > PBC* > MSc > <https://www.unic.ac.cy/blockchain/msc-digital-currency/?utm_source=Google&u…> > - Digital Currency > MBA > <https://www.unic.ac.cy/business-administration-entrepreneurship-and-innovat…> > - Entrepreneurship and Innovation (ip) > > G(a)xNY.io > +1-646-454-9107 > New York, New York 10001 > > ---------- Forwarded message --------- > From: Financial Crimes Enforcement Network < > fincenupdates(a)public.govdelivery.com> > Date: Thu, Apr 14, 2022 at 2:46 PM > Subject: FinCEN Updates: FinCEN Issues Advisory on Kleptocracy and Foreign > Public Corruption > To: <g(a)xny.io> > > > *You are subscribed to FinCEN Updates. The information below is available > at Fincen.gov.* > > *FinCEN Issues Advisory on Kleptocracy and Foreign Public Corruption* > > The Financial Crimes Enforcement Network (FinCEN) today issued an advisory > on kleptocracy and foreign public corruption, urging financial institutions > to focus their efforts on detecting the proceeds of foreign public > corruption — a priority for the U.S. Government as it continues to > implement the U.S. Strategy on Countering Corruption > <https://lnks.gd/l/eyJhbGciOiJIUzI1NiJ9.eyJidWxsZXRpbl9saW5rX2lkIjoxMDAsInVy…>. > The advisory provides typologies and potential indicators of kleptocracy > and other forms of foreign public corruption, namely bribery, embezzlement, > extortion, and the misappropriation of public assets. > > *News Release:* > > > https://www.fincen.gov/news/news-releases/fincen-issues-advisory-kleptocrac… > <https://lnks.gd/l/eyJhbGciOiJIUzI1NiJ9.eyJidWxsZXRpbl9saW5rX2lkIjoxMDEsInVy…> > > *Advisory: * > > https://www.fincen.gov/resources/advisories/fincen-advisory-fin-2022-a001 > <https://lnks.gd/l/eyJhbGciOiJIUzI1NiJ9.eyJidWxsZXRpbl9saW5rX2lkIjoxMDIsInVy…> >

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Battle Over Atty Speech Raises First Amendment Concerns
by Gunnar Larson 21 Dec '24

21 Dec '24

Battle Over Atty Speech Raises First Amendment Concerns <https://www.law360.com/access-to-justice/articles/2274320?nl_pk=ab5ce197-c1…> By Brandon Lowrey An attorney is challenging a local rule used to gag him in the Middle District of Tennessee, saying it goes too far in restricting lawyers from speaking to the press about their cases. Read full article » <https://www.law360.com/access-to-justice/articles/2274320?nl_pk=ab5ce197-c1…> | Save to favorites » <https://www.law360.com/access-to-justice/articles/2274320?nl_pk=ab5ce197-c1…>

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Justice Reformers Wary Of Trump's Return, Yet Hope Persists
by Gunnar Larson 21 Dec '24

21 Dec '24

Justice Reformers Wary Of Trump's Return, Yet Hope Persists <https://www.law360.com/access-to-justice/articles/2270205?nl_pk=ab5ce197-c1…> By Stewart Bishop While President-elect Donald Trump's impending return to the White House has many criminal justice reformers preparing for battle, given his scorched-earth rhetoric on crime and immigration on the campaign trail, hope for meaningful change persists in varying degrees among advocates after Trump's backing of reform legislation during his first term. Read full article » <https://www.law360.com/access-to-justice/articles/2270205?nl_pk=ab5ce197-c1…> | Save to favorites » <https://www.law360.com/access-to-justice/articles/2270205?nl_pk=ab5ce197-c1…>

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