Judge Dismisses Former US President's RICO Suit Over Russia Probe
September 9, 2022 10:51 AM Subscribe
CNN: Judge throws out Trump’s sprawling lawsuit against Hillary Clinton, ex-FBI officials over Russia probe. "A federal judge has dismissed former President Donald Trump’s lawsuit against Hillary Clinton, the Democratic National Committee, several ex-FBI officials and more than two dozen other people and entities that he claims conspired to undermine his 2016 campaign by trying to vilify him with fabricated information tying him to Russia." Washington Post: Trump presented his Russia hoax theory to a court. It went poorly. Read the decision.
CNBC: Judge tosses Trump lawsuit against Hillary Clinton, DNC over 2016 Russia collusion claims : "The judge wrote Trump’s claims “are not only unsupported by any legal authority but plainly foreclosed by binding precedent.” "
Law.com: Trump Vows to Appeal Dismissal of RICO Lawsuit Against Hillary Clinton, Perkins Coie : "The judge reserved the right to issue sanctions in the suit, which he found to contain “glaring structural deficiencies.” "
The 65-page opinion by US District Judge Donald Middlebrooks contains some pointed criticisms of the quality and arguments of the suit:
You can read the original 108-page civil suit by lead attorney Peter Ticktin and, among others, current Trump legal representative Alina Habba.
Law & Crime on the original suit: Trump Files Massive Lawsuit Against Hillary Clinton, Putting His Theories of an ‘Unthinkable’ Racketeering ‘Plot’ Against Him to the Test:
Vox: All of Robert Mueller’s indictments and plea deals in the Russia investigation
Business Insider: Here's everyone who has been charged, convicted, and sentenced in the Russia probe so far
Time: Here Are All of the Indictments, Guilty Pleas and Convictions From Robert Mueller's Investigation
CNBC: Judge tosses Trump lawsuit against Hillary Clinton, DNC over 2016 Russia collusion claims : "The judge wrote Trump’s claims “are not only unsupported by any legal authority but plainly foreclosed by binding precedent.” "
Law.com: Trump Vows to Appeal Dismissal of RICO Lawsuit Against Hillary Clinton, Perkins Coie : "The judge reserved the right to issue sanctions in the suit, which he found to contain “glaring structural deficiencies.” "
The 65-page opinion by US District Judge Donald Middlebrooks contains some pointed criticisms of the quality and arguments of the suit:
A complaint filed in federal court must contain “a short and plain statement of the claim showing that the pleader is entitled to relief.” ... Plaintiff’s Amended Complaint is neither short nor plain, and it certainly does not establish that Plaintiff is entitled to any relief.
...
Plaintiff and his lawyers are of course free to reject the conclusion of the Inspector General. But they cannot misrepresent it in a pleading.
...
By filing the Amended Complaint, Plaintiff’s lawyers certified to the Court that, to the best of their knowledge, “the claims, defenses, and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law,” and that “the factual contentions have evidentiary support[.]” Fed. R. Civ. P. 11(b)(2). I have serious doubts about whether that standard is met here.
...
At its core, the problem with Plaintiff’s Amended Complaint is that Plaintiff is not attempting to seek redress for any legal harm; instead, he is seeking to flaunt a two-hundred-page political manifesto outlining his grievances against those that have opposed him, and this Court is not the appropriate forum.
You can read the original 108-page civil suit by lead attorney Peter Ticktin and, among others, current Trump legal representative Alina Habba.
Law & Crime on the original suit: Trump Files Massive Lawsuit Against Hillary Clinton, Putting His Theories of an ‘Unthinkable’ Racketeering ‘Plot’ Against Him to the Test:
“This isn’t a serious lawsuit,” tweeted former federal prosecutor and legal commentator Renato MariottiFor anyone who'd like a refresher on Russian interference in recent US elections:
...
Ticktin was suspended from practicing law in 2009, according to a Florida Supreme Court case. ... He is currently in good standing and has no record of discipline for the last 10 years ...
Vox: All of Robert Mueller’s indictments and plea deals in the Russia investigation
Business Insider: Here's everyone who has been charged, convicted, and sentenced in the Russia probe so far
Time: Here Are All of the Indictments, Guilty Pleas and Convictions From Robert Mueller's Investigation
The first half of the Mueller Report is a truly amazing spiderweb of Russian names and American names and various contacts and shoulder-rubbings and stuff. There's something there, smoke, fire, etc... but exactly what I haven't delved in deep enough to figure out yet.
The SECOND half of the Mueller Report reads like an airport bookstore thriller novel, one moment of witness tampering and intimidation and other obstruction of justice things done by FPOTUS and his crew. That's the actual fun part to read.
posted by hippybear at 11:06 AM on September 9, 2022 [7 favorites]
The SECOND half of the Mueller Report reads like an airport bookstore thriller novel, one moment of witness tampering and intimidation and other obstruction of justice things done by FPOTUS and his crew. That's the actual fun part to read.
posted by hippybear at 11:06 AM on September 9, 2022 [7 favorites]
Noting that the judge dismissed the case yet expressly noted that he was keeping jurisdiction for possible sanctions. That’s a very unusual thing to write and an open invitation.
posted by kerf at 11:20 AM on September 9, 2022 [11 favorites]
posted by kerf at 11:20 AM on September 9, 2022 [11 favorites]
It almost sounds like Trump has a sort of cargo-cult view of how the law works - where all that a legal pleading needs to include in order to be valid is just to have enough buzzwords.
posted by EmpressCallipygos at 11:27 AM on September 9, 2022 [11 favorites]
posted by EmpressCallipygos at 11:27 AM on September 9, 2022 [11 favorites]
The WaPo article (by Philip Bump) notes TFG's apparent intention to get Judge Aileen Cannon, and how Judge Middleton was not impressed:
The suit was filed in a specific courthouse in the Southern District of Florida, apparently with the hope that it would be heard by a particular judge that Trump himself had appointed.posted by kristi at 11:34 AM on September 9, 2022 [40 favorites]
It wasn’t. Instead, it landed with District Judge Donald M. Middlebrooks. When Trump’s legal team quickly moved to have Middlebrooks removed from the case, alleging bias, Middlebrooks responded by disparaging the transparency of Trump’s effort.
“I note that Plaintiff filed this lawsuit in the Fort Pierce division of this District, where only one federal judge sits: Judge Aileen Cannon, who Plaintiff appointed in 2020,” he wrote in denying Trump’s request. “Despite the odds, this case landed with me instead. And when Plaintiff is a litigant before a judge that he himself appointed, he does not tend to advance these same sorts of bias concerns.”
Aileen Cannon, you may be aware, is the jurist who recently issued a ruling of remarkable favorability on Trump’s behalf in the matter of the FBI search of Mar-a-Lago.
It almost sounds like Trump has a sort of cargo-cult view of how the law works - where all that a legal pleading needs to include in order to be valid is just to have enough buzzwords.
And if his case happens to land with a hyper-partisan judge he appointed from the Federalist Society roster, he might be right, as the recent ruling kneecapping the DoJ's case against Trump demonstrates.
posted by qxntpqbbbqxl at 11:38 AM on September 9, 2022 [2 favorites]
And if his case happens to land with a hyper-partisan judge he appointed from the Federalist Society roster, he might be right, as the recent ruling kneecapping the DoJ's case against Trump demonstrates.
posted by qxntpqbbbqxl at 11:38 AM on September 9, 2022 [2 favorites]
I'm out of surely this's.
posted by Melismata at 11:40 AM on September 9, 2022 [26 favorites]
posted by Melismata at 11:40 AM on September 9, 2022 [26 favorites]
Trump has a sort of cargo-cult view of how the law works
Trump promised to bring his buisness acumen to Washington. Many pointed out at the time that his business practices included multiple bankruptcies, and in the 2016 campaign he even proposed to default on the national debt, in direct contradiction with the 14th Amendment.
But what few realized at the time was that the Trump Organization also used the court as a cudgel. I certainly didn't. I recall hearing in a podcast interview with a book author (but can't recall which, and good luck finding it now!) that they'd sued basically everyone they ever worked with, and the impression I got was Trump made his money in the courtroom not the conference room or the construction site.
And now he's visiting the same DDoS legal tactics against a well funded adversary. It would be great if the legal arguments make sense, but I don't expect that is a requirement here.
posted by pwnguin at 12:11 PM on September 9, 2022 [6 favorites]
Trump promised to bring his buisness acumen to Washington. Many pointed out at the time that his business practices included multiple bankruptcies, and in the 2016 campaign he even proposed to default on the national debt, in direct contradiction with the 14th Amendment.
But what few realized at the time was that the Trump Organization also used the court as a cudgel. I certainly didn't. I recall hearing in a podcast interview with a book author (but can't recall which, and good luck finding it now!) that they'd sued basically everyone they ever worked with, and the impression I got was Trump made his money in the courtroom not the conference room or the construction site.
And now he's visiting the same DDoS legal tactics against a well funded adversary. It would be great if the legal arguments make sense, but I don't expect that is a requirement here.
posted by pwnguin at 12:11 PM on September 9, 2022 [6 favorites]
[marvin the martian voice]: delays, delays, delays...
posted by gottabefunky at 12:16 PM on September 9, 2022 [4 favorites]
posted by gottabefunky at 12:16 PM on September 9, 2022 [4 favorites]
The question of which judge and who appointed them is a bit strange, because of who the plaintiff and defendants are. The judge in this case, Middlebrooks, was appointed by one of the defendants' husband, a one Mr. Bill Clinton. When these types of "lawsuits" are filed, there is no shortage of clowning to be had. Which, given the condition of the judicial branch of the US government, and the legal system it oversees,,,,,,,,,,,,,, oof.
posted by kaelynski at 12:31 PM on September 9, 2022 [2 favorites]
posted by kaelynski at 12:31 PM on September 9, 2022 [2 favorites]
Trump is getting dangerously close to going full SovCit with his lawsuits.
posted by misterpatrick at 12:32 PM on September 9, 2022 [6 favorites]
posted by misterpatrick at 12:32 PM on September 9, 2022 [6 favorites]
I recall hearing in a podcast interview with a book author
I would lay odds it was Andrea Bernstein, author of American Oligarchs and co-host of the podcasts Trump, Inc. and Will be Wild along with Ilya Marritz. I highly recommend all of the above.
posted by ikahime at 12:32 PM on September 9, 2022 [7 favorites]
I would lay odds it was Andrea Bernstein, author of American Oligarchs and co-host of the podcasts Trump, Inc. and Will be Wild along with Ilya Marritz. I highly recommend all of the above.
posted by ikahime at 12:32 PM on September 9, 2022 [7 favorites]
Don't they have rules to punish or disincentivize lawsuits filed in such obvious bad faith? Or are they just not enforcing those laws any more against people who are sufficiently rich or politically powerful?
posted by jonp72 at 1:40 PM on September 9, 2022 [7 favorites]
posted by jonp72 at 1:40 PM on September 9, 2022 [7 favorites]
I read/skimmed the judge’s ruling on this today. Paraphrasing, he said “[suits like this] are required to be succinct, and factual. This suit, at 189 pages with hundreds of numbered paragraphs, is neither.”
I believe at some point he also says that it amounts to grievances and an attempt to undo hurt feelings.
Twitter was all over this this morning, good reading, if you can find it.
posted by dbmcd at 1:40 PM on September 9, 2022 [1 favorite]
I believe at some point he also says that it amounts to grievances and an attempt to undo hurt feelings.
Twitter was all over this this morning, good reading, if you can find it.
posted by dbmcd at 1:40 PM on September 9, 2022 [1 favorite]
jonp72, from the Law.com article, "The judge reserved the right to issue sanctions in the suit, which he found to contain “glaring structural deficiencies.” "
Some info about sanctions generally elsewhere at Law.com.
posted by kristi at 1:43 PM on September 9, 2022 [7 favorites]
Some info about sanctions generally elsewhere at Law.com.
posted by kristi at 1:43 PM on September 9, 2022 [7 favorites]
It almost sounds like Trump has a sort of cargo-cult view of how the law works - where all that a legal pleading needs to include in order to be valid is just to have enough buzzwords.
I mean, in general, Trump is a sovereign citizen who, for some weird series of events, we have to take seriously.
posted by GenjiandProust at 2:53 PM on September 9, 2022 [6 favorites]
I mean, in general, Trump is a sovereign citizen who, for some weird series of events, we have to take seriously.
posted by GenjiandProust at 2:53 PM on September 9, 2022 [6 favorites]
I would assume that lawyers wrote this, and it’s character is all their fault. Knowing of course that the person they wrote it for was probably going to skim it and see that all of his bugbears were there. He is not the author, only the inspiration.
posted by njohnson23 at 3:08 PM on September 9, 2022 [3 favorites]
posted by njohnson23 at 3:08 PM on September 9, 2022 [3 favorites]
I would assume that lawyers wrote this, and it’s character is all their fault. Knowing of course that the person they wrote it for was probably going to skim it and see that all of his bugbears were there. He is not the author, only the inspiration.
And it is only the attorneys who will face any consequences from the sanctions or bar discipline.
posted by Ultracrepidarian at 3:18 PM on September 9, 2022 [2 favorites]
And it is only the attorneys who will face any consequences from the sanctions or bar discipline.
posted by Ultracrepidarian at 3:18 PM on September 9, 2022 [2 favorites]
why would anyone appointing judges think those judges would have to rule favorably for them in the future? it's not like they can threaten to take it back.
posted by Clowder of bats at 3:27 PM on September 9, 2022
posted by Clowder of bats at 3:27 PM on September 9, 2022
And it is only the attorneys who will face any consequences from the sanctions or bar discipline.
Which really does make you wonder why do they do it? You have to know you are potentially committing career suicide working for Trump a a trial attorney. So, either they are, to the smallest cell in their bodies, true believers, or the money is just that good. Of course, given Needy Amin’s penchant for not paying his bills, I kind of doubt that last one.
I mean, Hillary? Hillary??? Really? How can the lawyers file this obviously wacko crap with a straight face?
posted by Thorzdad at 3:29 PM on September 9, 2022 [4 favorites]
Which really does make you wonder why do they do it? You have to know you are potentially committing career suicide working for Trump a a trial attorney. So, either they are, to the smallest cell in their bodies, true believers, or the money is just that good. Of course, given Needy Amin’s penchant for not paying his bills, I kind of doubt that last one.
I mean, Hillary? Hillary??? Really? How can the lawyers file this obviously wacko crap with a straight face?
posted by Thorzdad at 3:29 PM on September 9, 2022 [4 favorites]
why would anyone appointing judges think those judges would have to rule favorably for them in the future? it's not like they can threaten to take it back.
Well, in theory, in the US system, judges are appointed based on experience and wisdom and their ability to contribute to the continuance of the experiment of Democracy that we are attempting here. As that standard erodes, we move further from our ideal selves as a Nation toward despotism and autocracy.
posted by hippybear at 3:31 PM on September 9, 2022 [7 favorites]
Well, in theory, in the US system, judges are appointed based on experience and wisdom and their ability to contribute to the continuance of the experiment of Democracy that we are attempting here. As that standard erodes, we move further from our ideal selves as a Nation toward despotism and autocracy.
posted by hippybear at 3:31 PM on September 9, 2022 [7 favorites]
And it is only the attorneys who will face any consequences from the sanctions or bar discipline.
It's established precedent that, when you're a star, they let you do it. You can get away with anything...
posted by Chuffy at 3:36 PM on September 9, 2022 [2 favorites]
It's established precedent that, when you're a star, they let you do it. You can get away with anything...
posted by Chuffy at 3:36 PM on September 9, 2022 [2 favorites]
why would anyone appointing judges think those judges would have to rule favorably for them in the future?
Well obviously they need to rule in your favor if they want a promotion once you retake the presidency! *shudder*.
posted by pwnguin at 3:40 PM on September 9, 2022 [2 favorites]
Well obviously they need to rule in your favor if they want a promotion once you retake the presidency! *shudder*.
posted by pwnguin at 3:40 PM on September 9, 2022 [2 favorites]
I'm always amused by the fact that Trump can't seem to get anywhere near the calibre of legal representation one might ordinarily expect. Instead of a tier 1 law firm it's always some schmuck with a JD from a lower-tier law school who's hanging out a shingle in Bumblefuck, New Jersey.
posted by slkinsey at 3:59 PM on September 9, 2022 [3 favorites]
posted by slkinsey at 3:59 PM on September 9, 2022 [3 favorites]
You have to know you are potentially committing career suicide working for Trump a a trial attorney. So, either they are, to the smallest cell in their bodies, true believers, or the money is just that good.
Both I would think. Habba is managing partner at a little three lawyer firm specializing in "business, commercial and civil litigation; real estate, family and personal injury law". The RICO statue that some of the complaint is filed under allows for triple damages (which is claimed to be 25 million dollars and the firm might have negotiated a part of) and attorney fees. Winning this case would probably be a pretty good pay day. I'm assuming the firm will get bupkis in true Trump fashion if they lose.
Her bio on her firm's web site claims she sits on the board of Birth Haven, an organization for homeless pregnant women, though the Birth Haven web site doesn't have her listed. It also says she is involved with Mary Trump's suit for the defense.
posted by Mitheral at 4:02 PM on September 9, 2022 [3 favorites]
Both I would think. Habba is managing partner at a little three lawyer firm specializing in "business, commercial and civil litigation; real estate, family and personal injury law". The RICO statue that some of the complaint is filed under allows for triple damages (which is claimed to be 25 million dollars and the firm might have negotiated a part of) and attorney fees. Winning this case would probably be a pretty good pay day. I'm assuming the firm will get bupkis in true Trump fashion if they lose.
Her bio on her firm's web site claims she sits on the board of Birth Haven, an organization for homeless pregnant women, though the Birth Haven web site doesn't have her listed. It also says she is involved with Mary Trump's suit for the defense.
posted by Mitheral at 4:02 PM on September 9, 2022 [3 favorites]
I'm always amused by the fact that Trump can't seem to get anywhere near the calibre of legal representation one might ordinarily expect.
Good lawyers don’t work for free, and the man in question doesn’t pay his bills.
posted by sixswitch at 4:16 PM on September 9, 2022 [10 favorites]
Good lawyers don’t work for free, and the man in question doesn’t pay his bills.
posted by sixswitch at 4:16 PM on September 9, 2022 [10 favorites]
He doesn't if he has to pay himself. They're gambling he'll divert some fraction of his donation grift stream to them for long enough to get paid. He's pretty free with other people's money. But yeah, real law firms don't need to risk their reputation forever, and law licenses, on a get-rich gamble.
posted by ctmf at 4:25 PM on September 9, 2022
posted by ctmf at 4:25 PM on September 9, 2022
It almost sounds like Trump has a sort of cargo-cult view of how the law works
They have a mob view of how the law works, and they are more correct than most think. This isn't dude's first lawsuit.
There are very few consequences for mob judges. The oil and gas industry has known this for decades --witness the 5th circuit. The system generally works if you have a certain amount of money, why wouldn't that apply in these cases?
If the dude had drawn a favorable judge, this would have been a very different story. With those odds, why not file?
posted by eustatic at 4:51 PM on September 9, 2022 [16 favorites]
They have a mob view of how the law works, and they are more correct than most think. This isn't dude's first lawsuit.
There are very few consequences for mob judges. The oil and gas industry has known this for decades --witness the 5th circuit. The system generally works if you have a certain amount of money, why wouldn't that apply in these cases?
If the dude had drawn a favorable judge, this would have been a very different story. With those odds, why not file?
posted by eustatic at 4:51 PM on September 9, 2022 [16 favorites]
Trump don't pay. It is known. Anyone working for him gets money up front. And since he doesn't do that either, they are screwed and stupid.
posted by Splunge at 4:53 PM on September 9, 2022
posted by Splunge at 4:53 PM on September 9, 2022
Thank you for including a pointer to the source material (i.e. the decision). It is much appreciated.
posted by Tell Me No Lies at 5:50 PM on September 9, 2022 [4 favorites]
posted by Tell Me No Lies at 5:50 PM on September 9, 2022 [4 favorites]
why would anyone appointing judges think those judges would have to rule favorably for them in the future? it's not like they can threaten to take it back.
Judges who disappoint can be very publicly eviscerated on Fox News, harassed by online brigades, doxxed, and very possibly worse.
posted by Western Infidels at 6:50 PM on September 9, 2022 [1 favorite]
Judges who disappoint can be very publicly eviscerated on Fox News, harassed by online brigades, doxxed, and very possibly worse.
posted by Western Infidels at 6:50 PM on September 9, 2022 [1 favorite]
I imagine that any lawyer who agrees to work for Trump is hoping that it'll pay off through connections down the road. Get in with Trump and you'll get the hook up to the real money, or at least siphon a bit off the grift pipeline.
posted by Saxon Kane at 7:03 PM on September 9, 2022 [1 favorite]
posted by Saxon Kane at 7:03 PM on September 9, 2022 [1 favorite]
Chuffy: It's established precedent that, when you're a star, they let you do it. You can get away with anything...
I thought they wanted to do away with star decesis...
posted by wenestvedt at 7:05 PM on September 9, 2022 [4 favorites]
I thought they wanted to do away with star decesis...
posted by wenestvedt at 7:05 PM on September 9, 2022 [4 favorites]
the fact that trump has gone forum shopping back to cannon twice already in different cases is a very bad sign. this person is 41. she is probably going to sit for another 40 years; god knows what she is going to be willing to rule for trump or his goons or children in future cases.
posted by wibari at 7:44 PM on September 9, 2022 [11 favorites]
posted by wibari at 7:44 PM on September 9, 2022 [11 favorites]
this person is 41. she is probably going to sit for another 40 years
Her district will be entirely underwater in a decade anyway, so...
posted by hippybear at 8:07 PM on September 9, 2022 [6 favorites]
Her district will be entirely underwater in a decade anyway, so...
posted by hippybear at 8:07 PM on September 9, 2022 [6 favorites]
I'm always amused by the fact that Trump can't seem to get anywhere near the calibre of legal representation one might ordinarily expect.
Well, when your prospects include going to prison, being disbarred, being forced to be either a conspirator or witness in an espionage case or doing all of these things at once while not getting paid for your labor...it's not entirely surprising.
posted by Chuffy at 11:02 PM on September 9, 2022 [2 favorites]
Well, when your prospects include going to prison, being disbarred, being forced to be either a conspirator or witness in an espionage case or doing all of these things at once while not getting paid for your labor...it's not entirely surprising.
posted by Chuffy at 11:02 PM on September 9, 2022 [2 favorites]
Thorzdad > Needy Amin
Haven’t heard this nickname for Trump before, touché!
posted by cenoxo at 5:24 AM on September 10, 2022 [5 favorites]
Haven’t heard this nickname for Trump before, touché!
posted by cenoxo at 5:24 AM on September 10, 2022 [5 favorites]
Donald Trump Settlement & Lawsuits — History of Legal Affairs, Bryce Welker, Crush the LSAT, updated Sep 10, 2022. Scroll down or select the Contents drop-down menu > Trump’s Lawsuits: The Greatest Hits.
See also Wikipedia > List of lawsuits involving Donald Trump and Legal affairs of Donald Trump.
The Donald is a pro at creating legal chaos and delays — his signature move — and his ego demands it.
posted by cenoxo at 6:26 AM on September 10, 2022 [5 favorites]
See also Wikipedia > List of lawsuits involving Donald Trump and Legal affairs of Donald Trump.
The Donald is a pro at creating legal chaos and delays — his signature move — and his ego demands it.
posted by cenoxo at 6:26 AM on September 10, 2022 [5 favorites]
why would anyone appointing judges think those judges would have to rule favorably for them in the future?
The judge doesn't have to do it, but evidence leans heavily toward the judge wanting to do it. And if they don't, well, you just find an excuse to move your next case to one who will.
posted by Etrigan at 1:51 PM on September 10, 2022 [1 favorite]
The judge doesn't have to do it, but evidence leans heavily toward the judge wanting to do it. And if they don't, well, you just find an excuse to move your next case to one who will.
posted by Etrigan at 1:51 PM on September 10, 2022 [1 favorite]
This was basically Trump's attempt to gain a forum to complain about Hillary Clinton that wasn't limited to 288 characters at a time. The judge recognized this as such and seems prepared to punish the lawyers responsible for participating.
posted by tommasz at 2:09 PM on September 10, 2022 [1 favorite]
posted by tommasz at 2:09 PM on September 10, 2022 [1 favorite]
More on TFG's attorney for this matter:
posted by Mitheral at 12:48 PM on September 13, 2022
Habba is being sued by its former paralegal and sole Black employee Na’Syia Drayton for racist harassmentThe paralegal also accuses Habba of anti-semitic language. Na’Syia Drayton quit in June.
posted by Mitheral at 12:48 PM on September 13, 2022
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posted by box at 10:55 AM on September 9, 2022 [3 favorites]