Judge: “I use the words ‘vast conspiracy’ purposefully -is one enormous conspiracy theory” SANCTIONS & Excoriating Ruling
Federal Magistrate Judge N. Reid Neureiter; sanctions lawyers for election suit an 'enormous conspiracy theory'…and excoriated the Plaintiffs -it’s a glorious read…Gary is likely to be suspended too
Trump’s Big Lie has had profound and sadly deadly consequences. Trump and Trumpism is a corrosive cancer that continues to break families apart, pitting Americans against Americans. What’s more is Trump’s war on the truth and facts.
Typically I wouldn’t give oxygen to another Trump-ian lawsuit concerning the 2020 Presidential Election but good LORD the Judge delivered an excoriating no-holds-bar rebuke of the Plaintiffs original complaint. It’s savage.
For the sake of your braincells (and what’s left of mine) I am purposely refraining from regurgitating their December 2020 Compliant.
Generally speaking I just can’t do this level of straight up crazy-town mixes with deep stupid. And apparently Trump-Lieabetes’ appears to be contagious to some remote island. I can easily summarize the complaint;
…the plaintiffs decided to throw a Costco size box of uncooked spaghetti at the wall just to “see what would sticks” the box ricocheted off the wall and then hit the plaintiffs in between their eyes, rendering them semi-unconscious. Because the fictional web of dozens of incongruent conspiracy theories the plaintiffs proffered “in good faith” well I’d like to show you something👇🏻
The Presiding Disciplinary Judge approved the parties’ conditional admission of misconduct and suspended Gary D. Fielder (attorney registration number 19757) for one year and one day, all to be stayed upon successful completion of a two-year period of probation, effective December 12, 2019. The probationary requirements include completing an ethics course, trust account school and a financial audit, and adhering to practice monitoring conditions.
-the two year probation terms out on December 11/12 of 2021. Typically if your bar license has been suspended (albeit in Fielder’s case the suspension was stayed) and the Panel agreed to “stay” your disbarment provided you complete the prerequisite CLE courses. Then it might not be in you best interest to file a completely frivolous lawsuit. Which ultimately could result in your actual suspension. I’m not sure why this was overlooked, it took me less than 5 seconds to locate his December 2019 reprimand
So on August 3, 2021 when Federal Magistrate Judge N. REID NEUREITER issued his blistering Opnion/Order - which reads in part:
…I use the words “vast conspiracy” purposefully. The Complaint is one enormous conspiracy theory. And a conspiracy is what the original Complaint, all 84 pages and 409-plus paragraphs, alleged: that “the Defendants engaged in concerted action to interfere with the 2020 presidential election through a coordinated effort to, among other things, change voting laws without legislative approval, use unreliable voting machines, alter votes through an illegitimate adjudication process, provide illegal methods of voting, count illegal votes, suppress the speech of opposing voices, disproportionally and privately fund only certain municipalities and counties, and other methods, all prohibited by the Constitution.”l
…represent 160 million American registered voters..
Punative Damages sought $160,000,000,000.00
to say this complaint was/is frivolous might actually be an understatement —because the allegations presented are in fact farcical and a complete waste of the Court’s limited resources…
...are the stuff of which violent insurrections are made…
In short, this was no slip-and-fall at the local grocery store. Albeit disorganized and fantastical, the Complaint’s allegations are extraordinarily serious and, if accepted as true by large numbers of people, are the stuff of which violent insurrections are made.…demand for a massive amount of money, likely greater than any money damage award in American history. Seeking a “nominal amount of $1,000 per registered voter,” Plaintiffs asked for a total $160 billion for the putative 160-million-person Plaintiff class.This figure is greater than the annual GDP of Hungary.
RICO say what? This is just embarrassing…
Oh come on this is almost as Hilarious as the Blue-QANON-For-the-Left trafficking in their insane RICO this, RICO that -meanwhile they actually don’t know the first thing about RICO. Hand to sweet baby Cheesus I had to explain to one of the Blue-QANON how RICO works at the DOJ 2
The proposed Amended Complaint doubled down in making inflammatory accusations about the allegedly nefarious motives and intentions of the Defendants… Amended Complaint included allegations that Facebook, non-profit CTCL, and Facebook’s founder Mark Zuckerberg and his wife, Priscilla Chan, were involved in a racketeering conspiracy to work behind the scenes to “influence perceptions, change rules and laws, steer media coverage and control the flow of information,” all for the common purpose of influencing a Presidential election…
He gets a subclass. She gets a subclass. You ALL get a subclass…or not
The affidavit that Plaintiffs counsel submitted, the Court later concluded the plaintiffs did not have any first hand knowledge. I’d go as far as to say those affidavits where hearsay by hearsay —in short the classic telephone game. But filing legal papers, no you do not get to do that and think you’ll come out of this unscathed. As an attorney you are an officer of the Court — you took an oath and making such demonstrably specious claims - you’re lucky you were only sanctioned (see CO Supreme Court disciplinary matter as to the lead plaintiff attorney -I’m going with he’s going to be suspended from practicing law for 1 year, given that suspension was held in abeyance -stayed for 2 years)
Neither the original or proposed Amended Complaint addressed the prerequisite Article III threshold of:
STANDING -or lack thereof.. no standing no case.
…one critical deficiency emphasized in all Defendants’ dismissal motions: Plaintiffs’ lack of standing to bring suit under Article III of the Constitution. Also absent from the proposed Amended Complaint was any effort to address the conspicuous personal jurisdictional problems raised by suing, in federal court in Colorado, state government officials from Pennsylvania, Wisconsin, Georgia, and Michigan, for acts taken in connection with their official duties in those respective states.
…should have put Plaintiffs’ counsel on high alert…
The fact is the Plaintiffs counsel simply copied and pasted large swaths of previously fail lawsuit, challenging the 2020 Presidential Election. They failed to execute the minimal due diligence and merely regurgitated the numerous past arguments that roundly failed to stand muster. I believe at last count 64 of 63 lawsuits were thrown out, largely due to lack of standing, facts, evidence to support the bonkers and conspiratorial allegations. It’s one thing to pontificate on Twitter or TV appearances but it’s an entirely different “thing” to submit to the Court “in good faith” that the allegations you allege are actually true…l
“Actions have consequences. Today's ruling is a clear affirmation that if you intentionally abuse your authority as an attorney to deceive voters about the safety and security of our elections - you will be held accountable," Secretary Benson said. "This is an important victory in the fight to hold bad actors accountable for their attempts to undermine our democracy and use our legal system as a vehicle to spread conspiracy theories for personal and partisan gains."
The sanctioned attorneys are Gary D. Fielder and Ernest J. Walker. They've been ordered to pay defendants' fees related to the suit.
Nessel took action to sanction Michigan attorneys Greg Rohl, Scott Hagerstrom and Stefanie Junttila, along with Texas attorney Sidney Powell in King v, Whitmer, et al, another failed election lawsuit. The motion seeks to recover attorneys' fees totaling approximately $11,000 related to election filings that were dismissed in Michigan and is currently pending with the court.
A hearing was held last month before Judge Linda Parker of the U.S. District Court for the Eastern District of Michigan. Additional briefs will be filed in the case today.
Texas' Office of the Chief Disciplinary Counsel has granted an investigatory hearing related to Powell's bar license, though a date is not yet confirmed. There is no update related to the Michigan licenses at this time….
See full Michigan Attorney General Press Release here -
and with that I need to get back to my actual job -Filey👇🏻
no I’m not even kidding - they didn’t even know the various USAM covering RICO yet they tweet like they are the preeminent experts. Maybe experts in DARVO but certainly not RICO
The gross level of litigious incompetence is purposeful. (Including who would present it ie Mr. Suspendable) It wastes time and resource effort in order to misdirect. It allows them to work on other things actually productive to their purpose while everyone is looking away and WTF’ing. I’m sick of it. It’s sooooo… Roy Cohen.
I see what you did there! Maybe DARVO should RICO them??? LOL
The gross level of litigious incompetence is purposeful. (Including who would present it ie Mr. Suspendable) It wastes time and resource effort in order to misdirect. It allows them to work on other things actually productive to their purpose while everyone is looking away and WTF’ing. I’m sick of it. It’s sooooo… Roy Cohen.