Ms. James:

On top of everything else, we will need to blow the SDNY whistle tomorrow
morning on wire fraud.

Thank you for your continued service.

Gunnar Larson
--
Gunnar Larson
xNY.io - Bank.org
917-580-8053

On Thu, Nov 7, 2024, 3:48 AM Gunnar Larson <[email protected]> wrote:

> Attorney General James:
>
> A republican innovator like Gunnar Larson is proud of the election
> results.
>
> However, Ms. James, you saw our research on One Million Black Women
> recently.
>
> Word has it, Ms. Harris is part of a group of co-conspirators behind this
> all.
>
> Personally, I will be forced to engage the tactics below if you, Ms.
> James, do not solve One Million Black Women's sponsored discrimination by
> Ms. Harris.
>
> Warm regards,
>
> Gunnar Larson ✌️
>
> ---------- Forwarded message ---------
> From: Gunnar Larson <[email protected]>
> Date: Thu, Oct 31, 2024, 1:19 PM
> Subject: 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. ____________________
> To: cypherpunks <[email protected]>
>
>
>
> March 24, 2022
>
> 15 Highlights:
> https://drive.google.com/file/d/1zggK7lgptlZ6Qn11EndzbDloqqVxRifv/view?usp=drivesdk
>
> 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=drivesdk
>
> 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=drivesdk
>
>
> 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=drivesdk
>
> 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=drivesdk
>
> 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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