A Bad Decision May Eventually Have Good Results

The Federalist posted an article today about the recent California jury decision that found undercover journalists David Daleiden and Sandra Merritt and several of their associates guilty of trespass, breach of contract and of non-disclosure agreements, and fraud, as well as state and federal laws prohibiting the unconsented recordings of third parties. The California-based jury also found that Daleiden and the other defendants had violated the federal Racketeering Influenced Corrupt Organizations (RICO) law—a federal statute that triples any damage award. The defendants were also hit with punitive damages exceeding $800,000.

The article reports:

On Friday, a jury awarded Planned Parenthood Federation of America, and multiple Planned Parenthood affiliates, damages set to exceed $2.3 million in their civil case against undercover journalists David Daleiden and Sandra Merritt and several of their associates. The country’s largest cohort of abortion providers sued Daleiden and his colleagues after the 2015 release of a series of investigative videos that exposed Planned Parenthood’s trafficking in fetal parts.

The article explains why the case will probably eventually make its way to the Supreme Court:

Daleiden’s lead attorney, Peter Breen, of the public policy legal firm Thomas More Society, promised an appeal. “We intend to seek vindication for David on appeal,” Breen said in a press release. “This lawsuit is payback for David Daleiden exposing Planned Parenthood’s dirty business of buying and selling fetal parts and organs,” Breen added, noting, “We intend to seek vindication for David on appeal. His investigation into criminal activity by America’s largest abortion provider utilized standard investigative journalism techniques, those applied regularly by news outlets across the country.”

Breen has several solid grounds for appeal, and initially will likely challenge presiding judge William Orrick III’s refusal to recuse from the case. While appellate courts are hesitant to second-guess a trial court’s decision on whether recusal is required, in this case the facts strongly suggest recusal was required.

Specifically, Judge Orrick was a founder and a longtime officer and director of the Good Samaritan Family Resource Center, an organization which, according to Daleiden, houses and participates in a joint venture with one of the named Planned Parenthood affiliates. Further, during the pendency of this case, as Breen pointed out in briefing, Orrick was “held out to the public as serving as an Emeritus Board Member of [the Good Samaritan Family Resource Center].”

Judge Orrick’s refusal to allow Daleiden and the other defendants to testify concerning their reasonable beliefs about abuses in the fetal tissue business, from harvesting of organs from born-alive babies to selling tissue and body parts for profit, as well as the judge’s decision barring the admission of the video evidence, will also be areas ripe for reversal.

What David Daleiden did used to be called investigative journalism. What he uncovered needed to be uncovered. The only redeeming thing about this case having to go to the Supreme Court is that it will further expose the selling of aborted baby body parts and the callousness of the people in Planned Parenthood who are engaged in these activities. Callousness is not illegal, but selling aborted baby body parts should be.

Going To The Courts

Those of us who have followed the Russian collusion story closely are waiting for someone to actually be held accountable for the violations of civil liberties of Americans that went on during the Obama administration. It seems as if it is nearly impossible to get information on what went on and even when we have the information that things were not done properly, there is no accountability. The Russia hoax is actually following the pattern of many of the Clinton scandals–delay, delay, delay, and when damaging information finally surfaces, you say ‘that’s old news.’ Well, some of the people who actually know the truth are not willing to settle for delay, delay, delay.

The Washington Examiner reported the following yesterday:

Congressman Devin Nunes filed a federal lawsuit Wednesday against opposition research firm Fusion GPS, its founder Glenn Simpson, and left-leaning watchdog group Campaign for Accountability, accusing them of “racketeering” and interfering with his congressional Trump-Russia investigation.

Nunes, chairman of the House Intelligence Committee until Democrats won the majority in 2018, claimed that Simpson, Fusion GPS, and the Campaign for Accountability illegally conspired to “harass” him in an attempt to “hinder, delay, prevent, or dissuade” him from looking into issues surrounding the federal investigation into the Trump campaign and the Russian government, and to scare him off from investigating possible wrongdoing by Simpson and Fusion GPS.

The California Republican is asking the judge to award him $9.9 million in damages.

The 35-page complaint Nunes filed in the Eastern District of Virginia today pointed to a Daily Caller article from early August that revealed the Campaign for Accountability hired Fusion GPS as an “independent contractor” in 2018 and paid the firm close to $140,000 for research. And the Nunes lawsuit alleged the watchdog group and the opposition research firm then colluded to target him and stymie his efforts, pointing to three ethics complaints filed by the Campaign for Accountability allegedly “in concert with” Fusion GPS in an effort to “chill reporting of Fusion GPS and Simpson’s wrongdoing” and to dissuade Nunes from making criminal referrals to the Justice Department.

Nunes described Fusion GPS as “a political war room for hire that specializes in dirty tricks and smears” and the Campaign for Accountability as a “dark money, partisan, left-wing” nonprofit that he said targets mainly conservatives.

The article continues:

Nunes said Simpson and Fusion GPS “shared a common goal” with the Clinton campaign of “using the false and defamatory statements in the Steele dossier to poison the minds of voters.”

“Fusion GPS and Simpson harbored spite and ill-will towards [Nunes] and decided to smear [him] as a result of his tenacious efforts in 2017 to expose Fusion GPS’ nefarious activities,” the lawsuit alleges.

Nunes said Fusion GPS retaliated through the Campaign for Accountability because of subpoenas he issued in 2017 to the FBI and DOJ for information on their relationship with Steele, to Simpson and other Fusion GPS partners to compel their testimony, and to the bank Fusion GPS used, which “revealed that the Clinton campaign, the DNC and Perkins Coie paid for Fusion GPS’ anti-Trump research.”

Nunes claimed that “corrupt acts of racketeering are part of [Fusion GPS’] regular way of doing business” and said “that way of doing business must end here and now.”

Justice Department inspector general Michael Horowitz’s report on the use of Steele’s dossier and alleged abuse of the Foreign Intelligence Surveillance Act, which started more than a year ago, is expected in September or early October. The DOJ watchdog’s report harshly criticizing former FBI Director James Comey over the mishandling of his memos was released last week.

The deep state is somewhat like an octopus–it has many tentacles. The entire ‘Crossfire Hurricane’ operation was illegal from the start and should be tried under RICO (Racketeer Influenced and Corrupt Organizations Act). There are now stories that James Comey placed spies in the White House in the early days of the Trump administration until Comey was fired in May 2017. More on that when I can confirm it.

It Is Going To Be An Interesting Summer

Last Friday, the following was filed in District Of Columbia District Court:

Before you get too excited about this, Judge Paul L. Friedman was appointed by President Bill Clinton.

The Daily Caller posted an article about the lawsuit today.

The article reports:

Among the many charges that appear in the at times almost incoherent filing is the charge that a criminal syndicate involving the Clintons, David Brock, Donna Brazile, and George Soros murdered Seth Rich.

Byrne is reportedly seeking damages of $1 billion, and refused to provide an address because he feared assassination.

Byrne threatened to file suit against several of the defendants in 2016 following the release of his tell-all book, “Crisis of Character.”

Media Matters and David Brock had referred to Byrne at the time as a “smear merchant,” and he responded during an interview with Breitbart’s Alex Marlow, “Everything in the book is true. I want to set the record straight. And since I can’t get on mainstream media to set the record straight, I’m going to have to do it in court.”

As much as I would love to see this lawsuit be decided in an unbiased manner, I am not optimistic. This is, essentially, a lawsuit against the ‘deep state.’ RICO charges are appropriate, but I can’t imagine the judge being unbiased (because he is a Clinton-appointee). At any rate, it will be interesting to see what happens next.

This Really Isn’t A Surprise

Posted at Real Clear Politics yesterday:

Charlotte-Mecklenburg Fraternal Order of Police spokesman Todd Walther told CNN’s Erin Burnett Thursday night that 70% of those arrested in race riots in that city this week were not locals.

“This is not Charlotte that’s out here,” he said. “These are outside entities that are coming in and causing these problems. These are not protestors, these are criminals.”

“I’m not saying all the people, but we’ve got the instigators that are coming in from the outside. They were coming in on buses from out of state. If you go back and look at some of the arrests that were made last night. I can about say probably 70% of those had out-of-state IDs. They’re not coming from Charlotte.”

So logically, shouldn’t someone investigate who is paying for the buses and consider pressing RICO (Racketeer Influenced and Corrupt Organizations Act) charges? Protesting is a legal activity–looting and rioting are not. It would be very interesting to find our who is paying for the buses.