January 2023 - cypherpunks@lists.ogf.org

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE No. 22-14102-CV-MIDDLEBROOKS DONALD J. TRUMP, Plaintiff, v. HILLARY R. CLINTON, et al., Defendants. _________________________________________/ ORDER ON SANCTIONS
by Gunnar Larson 22 Jan '23

22 Jan '23

Brody Larson collates 53 highlights to UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE No. 22-14102-CV-MIDDLEBROOKS DONALD J. TRUMP, Plaintiff, v. HILLARY R. CLINTON, et al., Defendants. _________________________________________/ ORDER ON SANCTIONS https://drive.google.com/file/d/1sf0y-bIBdwaa1PO0Y3hKWhhImoXXCfbR/view?usp=… I. BACKGROUND Plaintiff initiated this lawsuit on March 24, 2022, alleging that “the Defendants, blinded by political ambition, orchestrated a malicious conspiracy to disseminate patently false and injurious information about Donald J. Trump and his campaign, all in the 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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Cypherpunk revolution is the tactical pivot
by professor rat 22 Jan '23

22 Jan '23

Cryptoanarchism is the strategic pivot - and mind uploading, and interstellar exploration is the prize. " . . . mind uploading, and interstellar exploration now have powerful supporters among the billionaires of Silicon Valley, for whom the transformative potential of technology is self-evidently good. . . . " FROM https://theamericanscholar.org/the-end-is-only-the-beginning/ Reposts handballed on often only part read caveat lecter

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https://theanarchistlibrary.org/git/en bfff221c21a52704530a1caa8969766c2deaf97b
by Undescribed Horrific Abuse, One Victim & Survivor of Many 22 Jan '23

22 Jan '23

theanarchistlibrary.org runs off https://amusewiki.org/special/index which comes with git backend, great thing to discover.

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Anarchist economics work - Austrian economics suck arse
by professor rat 21 Jan '23

21 Jan '23

A case in point https://anarchistnews.org/content/uganda-kropotkin-community-garden Reposts not failed Austro-fascist experiments like Chile

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More police stations attacked in the run-up to CYPHERPUNK 2027
by professor rat 21 Jan '23

21 Jan '23

Despite our political differences I'm sure we can all celebrate the death of a police officer https://www.theguardian.com/world/2023/jan/21/dozens-injured-and-police-sta… Reposts not shameless efforts to glom onto background news

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Trump Not Scared by Judge’s Million-Dollar Smack, Experts Say
by Gunnar Larson 21 Jan '23

21 Jan '23

Trump Not Scared by Judge’s Million-Dollar Smack, Experts Say https://www.bloomberg.com/news/articles/2023-01-21/trump-not-scared-by-judg…

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Why Scandinavian-style socialism loses to neo-liberal capitalism
by professor rat 21 Jan '23

21 Jan '23

Past a certain point - like KYC - a popular Nanny-State becomes a full-blown-police-state. Neo-liberal ideologies stop-gap fixes this. So two cheers for voting in nationalist elections. So long as bourgeois civil and human rights are observed anarchists may exploit that. But youse knew that. Solidarity and support for Norway’s leading bank as it seeks full euthanasian rights to self-cremate. https://cointelegraph.com/news/going-cashless-norway-s-digital-currency-pro… Reposts not liberal fascist reprints

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Cryptoanarchism's life means religions death
by professor rat 21 Jan '23

21 Jan '23

If there was a God it would be necessary to destroy it https://anarchistnews.org/content/against-orthodoxy-and-despotic-rule-revie… Reposts a secular pursuit in this diocese

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[ot][crazy] ai contradictions
by Undescribed Horrific Abuse, One Victim & Survivor of Many 21 Jan '23

21 Jan '23

nt

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[ot][spamj[crazy] possible chatgpt record
by Undescribed Horrific Abuse, One Victim & Survivor of Many 21 Jan '23

21 Jan '23

nt

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