Trump Org re: Why video should be tossed: “Judges can’t be mind readers.”

arrest

So Peter Cowan and the other lawyers for the Trump Organizations have come up with a new reason as to why the Court should dismiss my video: “Judges cannot be expected to be mind readers.” Yikes. That’s *why* there’s video.

Here’s their argument, (from document 161.)

“The Court did not commit a manifest error of law by excluding information in appendixes.

Webber’s argument that the Court should have considered all of the material listed in his 31-pages of Appendixes fails. Webber bore the burden to make a prima facie showing that the Court had jurisdiction over the Trump Organization Defendants. Sawtelle v. Farrell, 70 F.3d 1381, 1387 (1st Cir. 1995). That burden required him to identify specific facts to support the Court’s exercise of jurisdiction—he could not rest solely on his pleadings. Forest-Miller, Inc. v. Babcock & Wilcox Canada, 46 F.3d 138, 145 (1st Cir. 1995). Webber’s assertion that the Court should have sifted through numerous vague descriptions of internet sources, news articles, and YouTube videos, without explicitly identifying the sources with dates, authors, or hyperlinks ignores this burden.

The First Circuit has repeatedly observed that “[o]verburdened trial judges cannot be expected to be mind readers.” McCoy v. Mass. Inst. of Tech., 950 F.2d 13, 22 (1st Cir. 1991). If Webber could make a prima facie showing of personal jurisdiction, he should have done so by explicitly identifying those facts in objection to the motion to dismiss. He did not. Accordingly, the Court did not make a manifest error of law, and Webber’s Motion should be denied.”

Obviously, in the complaint, the facts were identified, detailed descriptions were given, and the author was identified. They complained and complained that my complaint was too long. And then when I point to facts, they say that I didn’t provide enough detail. This is our legal system.

Here are the most recent filings in the case:

155 Judge’s Order

156 Judge’s Order

157  Reconsider Order

158 Reconsider Order

159 Objection by No Labels

160 Objection by Donald J. Trump

161 Objection by Trump Organizations

Tulsi, if CNN smoked more weed with Jimmy Dore… They’d make better life-choices.

Tulsi Gabbard and Jimmy Dore hosted a “Rethinking Marijuana Roundtable” at NHTI last night. I asked Tulsi, “if CNN smoked more weed with Jimmy Dore…?” She responded, “they’d make better life choices.” I added, “and let you on the debate stage.”

tulsi weed

I also had an interesting conversation with Jimmy about the time he interviewed me about being raided by the FBI. Obviously, it didn’t make much of an impression on him… But, considering the FBI went out of their way to lie about it on TV, I figured that the targeting of journalists, (which included warrantless entry and guns out), would be quite the scoop. But Jimmy, (or TYT) decided not to publish the interview. I tried not to bust his balls too hard– because at the end of the day, I know he’s a comedian, and he has weed-smoking to get back to! He was nice enough to chat a little bit afterward, and I got plenty of interviews with Tulsi’s staff and supporters regarding CNN’s keeping Tulsi out of the debate.

Here’s a photo snapped by Jason Lowenthal.

DORE

Many thanks to David T. Grophear for filming/ producing last night, and I wish both Tulsi and Jimmy many days of smoking weed, if they so choose it!

Webber v. Trump assault case to proceed

deck in keene

The judge has ordered my case against Trump and his minions to move forward.

Fun fact: I’ve been arrested eight times since the 2016 election. But, this is the case that’s taken the longest. Here’s the backstory:

On Oct. 12th, 2015, Vermin and I attended the “No Labels Problem Solvers Convention,” a multi-candidate event comprised of Democrats and Republicans ranging from Bernie Sanders to Donald Trump. It was a rowdy event geared toward college-aged kids, featuring “Problem Solver Man,” in green spandex played by Zach Fox of Fat Camp Films.

After Donald Trump briefly took to the stage, there were some issues with the sound system for the Q&A, so I took the opportunity to politely stand and ask Trump a question. I was in the front row and reminded Trump he was roughed up at a Trump rally in Rochester the week before. At that rally, Trump had called on me to recite my favorite bible verse. I replied, “First Timothy 3, 1-7. It is noble to seek the office of overseer, but he who does, should be above reproach, sober-minded, not quarrelsome, married only once and not a great lover of money.” In Rochester, Trump replied, “oh boy, am I in trouble, am I in trouble.” As I was trying to leave Rochester, I received many kidney punches, and had my camera swatted to the floor, ruining most of the footage— but I was able to salvage some, proving it had indeed happened.

Rod Webber’s No Label’s arrest from Rod “BannedFromYouTube” Webber on Vimeo.

At No Labels, Trump responded, “you look healthy to me,” at which point they were plugging in the PA, making Trump’s response inaudible from where I was. At this time, Eddie Deck Junior, (who had attacked Efrain Galicia in New York City the month before), tapped me on the shoulder and told me if I went to the back of the room to go to the mic I could ask my question. Suspecting I was being deceived, I nonetheless followed through with the political theater, and went to the back of the room. Of course, there was no mic, and when I turned around there were a wall of Trump staff stopping me from going back. I reminded them it wasn’t a Trump rally. A Trump staffer, Fred Doucette told me, “you want the mic, you’re not getting the mic.” The situation escalated, with Eddie when I challenged his jurisdiction, reminding him that he had no authority there. I asked his name, and Eddie responded, “you wanna know my name— you’re about to see my name all over your face.” This was a clear threat. Eddie and other staffers began signaling to off-duty police which were hired by No Labels as security, and “Officer” James Pittman grabbed me from behind without warning, as Eddie joined in. The two of them worked in tandem, throwing me over a table, ala WWE Wrestling.

I was again thrown to the ground and roughed up some more by Deck. He was taken outside by the rent-a-cops who briefly detained him, then released him. When off of the property, I spoke to Sgt. Alan Aldenberg, and asked to press charges against Deck and his officers. Aldenberg walked back to his men, then came back and arrested me. This is what is known as a retaliatory arrest. Since the officers were in uniform, Deck was liable under color of law, 42 USC section 1983. Through respondeat superior, this makes Trump and the Campaign responsible for the actions of its employees. No Labels is also responsible for it’s employees, (the off-duty cops).

I spent a good chunk of 2016 proving my own innocence, and by 2018, I put forward a civil case, naming No Labels, the Manchester Police, Trump, Deck and all of their shell companies. On Jan 2nd, 2020, the court denying claims against the Radisson Hotel.

The good news is that as Vermin and I were arriving last night for Vermin’s appearance speaking to the New Hampshire Libertarian Party, I received an ORDER from the Judge saying that the core case against Eddie Deck and his shell company XMark was valid, and would move forward. Deck is being represented by Trump’s lawyers— and I’ve been holding off about a dozen of them since 2018, through 153 lengthy motions. In their defense, Trump’s lawyers cited a series of laws, which jointly claim a security guard for a presidential candidate can use lethal force to maintain decorum if they feel it is necessary.RSA 106-F:4, XIII allows unlicensed yahoos from out of state, traveling with national candidates to legally be called “security.” Coupled with RSA 627:5, III, such a person can use “Deadly force when he reasonably believes such to be necessary.” I guess I should be glad that Trump’s goons merely went WWE on me.

I approached State Representative Chris Balch about this troubling law, and Balch is working to get the law changed.

Though a number of my claims have been dismissed, they have been dismissed improperly. In the footnotes of pages 2-3 of the Judge’s order, (likely written by a court clerk), the court opines, “The appendices are comprised of information provided by Webber about some of the defendants and his communications with them.” The continue, “Webber did not provide copies of emails, videos, photos, articles, or documents. Therefore, the items referred to in the appendices do not provide evidence that can be considered by the court.”

Unfortunately, this incorrect statement by the court has been used as the basis to dismiss the vast majority of claims which have been dropped. We can simply look to document 75 in the case to the appendices section to see that all of the email correspondences between No Labels and the Manchester Police have been submitted in full. Moreover, links to videos were included, since physical DVDs or other media cannot be submitted to the court.

The Standard of Review in a civil case only requires that the Plaintiff allege facts. It is up to the jury to decide whether the facts presented by the Plaintiff are true. As stated by the Judge on page 2 of her order, “In considering a motion to dismiss under Federal Rule of
Civil Procedure 12(b)(6), the court accepts the well-pleaded factual allegations in the complaint as true and construes reasonable inferences in the plaintiff’s favor,” citing Breiding v.Eversource Energy, 939 F.3d 47, 49 (1st Cir. 2019). The ORDER continues, “A claim is facially plausible ‘when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged,’” citing Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009).

While this case might not seem like much in contrast to Trump’s impeachment, or his highly questionable assassination of an Iranian General on a diplomatic mission— if only the corporate media was paying attention to the case, they might have noticed that Trump was using it to say he can kill anyone anywhere— and for all we know, Mr. Trump is already working on stealing Vermin’s platform promise to execute all Americans. Only time will tell.

Read motions 1-153:

Flowers For Peace (Trailer) from Rod “BannedFromYouTube” Webber on Vimeo.

List of Assaults and Attacks at Donald Trump Events

This is a list of people who have been assaulted, attacked or ejected from Donald Trump rallies. Other than the two attacks on myself, I cannot speak to the details of any of these cases. This is merely meant to serve as a database. Trump Attacks Compilation

efrain

1. Sept 4th Efrain Galicia  (Punched by Trump staff) at Trump Tower while protesting. Daily Mail story 

 

rochester

2. Sept 17. Rod Webber Roughed up by Trump supporters in Rochester, NH for committing the sin of quoting from the Bible.   Video

 

 

assaulter

3. Oct 12 Rod Webber  For asking why he was roughed up at previous rally, Webber was thrown over a table by Trump staff & police at in Manchester, NH. Webber was detained, then released by police, then when he asked to press charges was arrested.  Wash Post

 

4. Oct 14 Ronald Sanchez -Sanchez was spat on in Virginia

Biz Insider Story

 

Oct 25 Ariel Rojas dragged in Miami HuffPo

 

Nov 19 Worcester, MA Man Trump called Malt Schlitzmann “seriously overweight” — and the protester was ejected. (Who looked about Trump’s weight) News story

ABC News

His Twitter

 

Nov 21 – Mercutio Southall Jr.(Black Lives Matter protester)  beaten in Alabama. Washington Post

 

For those with new information, feel free to contact me: RodWebber AT Yahoo.com  @RodWebber

My GoFundMe.com

Contact info for the various people in these videos would be a great piece of information.

The War on Peace Continues

bill gardner1

NH Sec of State reluctantly accepts a flower for peace.

Since I am now being routinely shut out by presidential candidates (aside from the ones I am already friendly with), I chose to file paperwork to appear on the ballot in NH yesterday– Not because I am under the impression that I can beat the Washington machine– but so that I could make a principled stand, and at the very least challenge those who reject my flowers for peace to debate.

Unfortunately, Secretary of State Bill Gardner chose not to allow me to even file, though I had the fee, and I am of valid age, and have resided in the US for well over 14 years– (all my life).

This, as I pointed out to Secretary Gardner is prejudicial and likely legally actionable.

More on this as details emerge.

bill gardner2

NH Sec of State illegally blocks filing for presidency.

Before the Paris attacks inspire a new war… Please consider…

The Paris attacks are horrifying– and my heart goes out to the victims, their families and the people at the scene. That said– don’t let your gut response help plunge us into another misguided war. Remember, Iraq had nothing to do with 9-11.

And if American are hell-bent on getting into another war– let’s start considering the use of non-lethal weaponry.

Please research “Active Denial System” and similar technologies!!