Trump Campaign blames Covid-19 in false imprisonment lawsuit.

a deck trump

On Friday, attorneys for the Trump Campaign sent me an extraordinary email regarding a lawsuit I have been engaged in with them since 2018, stemming from a 2015 attack by Trump Campaign staff at a non-Trump rally. In January, Judge Landya McCafferty ruled that there was sufficient evidence to proceed on all 15 counts brought upon XMark, the shell-company protecting the Trump Campaign from his own security staff.

Judge McCafferty opined, “Of Webber’s eighteen claims asserted in his second amended complaint, fifteen of them are brought against XMark. They include several state law claims, such as: Assault (Count I), Battery (Count II), Intentional Infliction of Emotional Distress (Count III), Negligence (Count IV), Negligent Hiring (Count V), Fraud (Count VI), and False Imprisonment (Count VII). Webber also asserts eight federal claims under 42 U.S.C. § 1983, including Unreasonable Seizure (Count VIII), Excessive Force (Count IX), two counts of Violation of the First Amendment (Counts X and XI), Negligent Hiring and Retention (Count XII), Negligent Supervision (Count XIII), False Imprisonment (Count XV), and False Arrest (Count XVI).”

A variety of counts were allowed to proceed against the Campaign and Campaign staffers such as NH State Rep Fred Doucette, such as Counts of assault, battery and false imprisonment, as well as several civil rights claims.

On March 27th, The Trump Campaign’s attorneys failed to file an “Answer” (a final response) in response to a Judge’s order. The deadline for that Answer was over a week late. Attorney Bryan Gould (for the Trump Campaign) blamed Covid-19 for the failure.

Attorney Gould wrote:

Defendants Donald J. Trump for President, Inc., Edward Deck, XMark, LLC, and Rep. Fred Doucette (collectively the “Campaign Defendants”), hereby move the court to extend the deadline to respond to the Plaintiff’s Second Amended Complaint to April 8, 2020. The Plaintiff has not assented to or expressed an objection to the relief sought in this motion, which rests on the following grounds.

1. Following the Court’s orders on multiple defendants’ motions to dismiss, the Campaign Defendants are required to file an answer to the remaining claims in Plaintiff’s Second Amended Complaint (Doc. No. 75).

2. Due to a significant disruption in the Campaign Defendants’ counsel’s law firm operations because of the rapid onset of the COVID-19 pandemic, and the attendant delays as the firm and its attorneys have transitioned to a remote workplace, the Campaign Defendants require additional time to finalize their answer to the Plaintiff’s extremely detailed complaint.

3. The Campaign Defendants submit that due to the unprecedented circumstances of the COVID-19 pandemic, good cause exists to extend their answer deadline. Moreover, the requested extension will not prejudice the parties or otherwise affect the trial schedule, as the Court has not yet issued a discovery plan or set a trial date and other case deadlines.

4. Accordingly, the Campaign Defendants respectfully request that their deadline to file an answer to Plaintiff’s Second Amended Complaint be extended to Wednesday, April 8, 2020.

In response, I filed a request for entry of default, writing:

To the Clerk of the United States District Court for the New Hampshire District of New Hampshire.

Plaintiff, Rod Webber hereby requests pursuant to Rule 55a of the Federal Rules of Civil Procedure that the Clerk enter the default of Campaign Defendants, The Trump Campaign, Edward Deck, Fred Doucette and XMark for failure to answer or otherwise defend against this action in a timely manner. The applicable time limit to answer or otherwise respond under Rule 12(a)1C of Federal Rules of Civil Procedure expired on March 27th, 2020, (ten days ago).

In H. F. Livermore Corp. v. Aktiengesellschaft Gebruder Loepfe, the United States Court of Appeals for the District of Columbia Circuit explained the rationale for default judgments as such: “the diligent party must be protected lest he be faced with interminable delay and continued uncertainty as to his rights… the possibility of a default is a deterrent to those parties who choose delay as part of their litigative strategy.”

“The court may enter default judgment when a defendant fails to respond to a complaint and court orders and fails to participate in the litigation or cooperate in good faith with the plaintiff. Tara Prods., Inc. v. Hollywood Gadgets, Inc., 449 F. App’x 908, 910-12 (11th Cir. 2011).

Attorney Gould argues that due to the COVID-19 pandemic, “the attendant delays as the firm and its attorneys have transitioned to a remote workplace, the Campaign Defendants require additional time to finalize their answer to the Plaintiff’s extremely detailed complaint.” However, the court has been open for electronic filing, and New Hampshire Governor Sununu did not even suggest a stay-at-home order to begin until March 27th, 2020 at midnight, (coincidentally, the deadline to answer or otherwise respond to the court.) In fact, on March 26th, at a press conference, Governor Sununu stated, “This is not a shelter in place. We are not closing down transportation. I am not closing our borders, and no one will be prevented from leaving their home.” https://www.youtube.com/watch?v=LX76Gu9tyjA&feature=emb_logo

Moreover, no reasonable person would believe that the switch from Mr. Gould writing briefs in his New Hampshire office to writing briefs on a laptop in his New Hampshire home would cause an attorney of Mr. Gould’s competence, experience and caliper, (hired by the campaign for the President of the United States of America) to simply forget to file such an important brief for over a week. Surely, this is a strategic move. Further, the COVID-19 outbreak assuredly would have been avoided if Donald J. Trump, (the head of The Trump Campaign), had not behaved with abject negligence, ignoring health officials, and claiming on multiple occasions that it was a “hoax” that would just go away, stating, “it’s like a miracle.” Director of the National Institute of Allergy and Infectious Diseases (NIAID), Anthony S. Fauci, MD, warned Mr. Trump of a coming pandemic in 2017, and was ignored. https://gumc.georgetown.edu/gumc-stories/global-health-experts-advise-advance-planning-for-inevitable-pandemic/# The head of the Trump Campaign is liable for the outbreak that Gould cites as the reason for missing the deadline. Mr. Gould has no reason for the delay, since there was no shelter-in-place order, and was not prevented from going to the office in any way.

Accordingly, Defendants have not shown good cause for not filing an answer, and their argument for the delay does not hold water. Defendant is ten days late, this is not the initial stage of litigation, and default should be entered.

Pro Se Plaintiff, Roderick Webber

I understand that a request for default at this stage might be frowned upon by the court, but I filed this case on principle. That is how I will continue to operate. Frankly, the Trump Campaign and the others involved should be ashamed of themselves.

@RodWebber

ARCHIVE.ORG SHOWS DISCREPANCIES IN HOW CNN REPORTED SOUTH CAROLINA EXIT POLLS WHICH WOULD SUGGEST DATA MANIPULATION

rigged

Rod Webber attempts to register for the NH primary as Rod “Rigged Election” Webber

ARCHIVE.ORG SHOWS DISCREPANCIES IN HOW CNN REPORTED
SOUTH CAROLINA EXIT POLLS WHICH WOULD SUGGEST DATA MANIPULATION

Notice that on March 1, they are basing their data on Feb 29 6:48 PM updates
On March 2nd, they are claiming their changes are based on Feb 29 10:50PM updates.
On March 1st, why wouldn’t they simply use the Feb 29 10:50PM data to begin with?

Feb 28 S. CAROLINA EXIT POLLS
2,018 total respondents
BIDEN 43% (male) /46% (Female)
BERNIE 27% (male) /17% (Female)
updated 6:48 PM ET, Sat Feb 29, 2020
https://web.archive.org/web/20200228060600/https://edition.cnn.com/election/2020/entrance-and-exit-polls/south-carolina/democratic

March 1 S. CAROLINA EXIT POLLS
2,018 total respondents
BIDEN 43% (male) /46% (Female)
BERNIE 27% (male) /17% (Female)
updated 6:48 PM ET, Sat Feb 29, 2020
https://web.archive.org/web/20200301012042/https://edition.cnn.com/election/2020/entrance-and-exit-polls/south-carolina/democratic

March 2 S. CAROLINA EXIT POLLS
2,164 total respondents
BIDEN 48% (male) /49% (Female)
BERNIE 24% (male) /17% (Female)
updated 10:50 PM ET, Sat Feb 29, 2020
https://web.archive.org/web/20200302215926/https://edition.cnn.com/election/2020/entrance-and-exit-polls/south-carolina/democratic

Current CNN S. CAROLINA EXIT POLLS
2,164 total respondents
BIDEN 48% (male) /49% (Female)
BERNIE 24% (male) /17% (Female)
updated 10:50 PM ET, Sat Feb 29, 2020
https://edition.cnn.com/election/2020/entrance-and-exit-polls/south-carolina/democratic

I don’t have time for this bullshit– but I hope it inspires others to to start using Archive to verify the raw data.

Arrest warrant issued for Jeffrey Epstein Mansion hairspray.

epstain

I just received an email from Ryan Burgoon. Evidently, a warrant has been issued for my arrest in the state of Florida. The email reads:

Good afternoon Roderick,

I checked with the State Attorney’s office and they did grant a warrant for your arrest with a the charge of Criminal Mischief (Less Than $200) F.S.S 806.13 1A B1.  This warrant is for Palm Beach County pick-up only and you can turn yourself in at Palm Beach County Sheriff’s Office, located at 3228 Gun Club Rd, West Palm Beach FL, 33406.  You can also contact PBSO warrants division at 561-688-3930 to obtain additional information. Email me if you have any questions.

Detective Ryan Burgoon rburgoon@palmbeachpolice.com

Donations for my legal fund are much appreciated!

https://www.gofundme.com/f/baselvandal

 

Corporate media is not your friend

 

no truth web

I hear/ see a lot of things “the media” should be doing. Corporate media should be explaining to the public that they are largely paid to manufacture the consent of the people for whichever candidate or candidates are most in line with their financial interests. However, doing so would be an admission that they are paid propagandists. Admitting such a thing would obviously be contrary to their mission.

This unfortunate reality, in combination with a public awareness that the truth is being manipulated has caused the public, (on the whole), hesitation to speak to independent media. Unfortunately, as independent media is the only hope to convey the truth to the people, this has caused corporate media to grow even more powerful. They’ve created a Chinese finger-trap. The harder we struggle to escape. The tighter their grip becomes.

The opinions of those who make it into corporate TV, are the opinions of those with a desire to be on TV. As such, they are either the real opinions of useful idiots with thoughts in line with the corporate agenda, or they are people who are savvy enough to parrot what needs to be parroted to get on TV, in order to further their own interests.

In the words of Noam Chomsky, “The smart way to keep people passive and obedient is to strictly limit the spectrum of acceptable opinion, but allow very lively debate within that spectrum.”

We are given the illusion of a free and democratic society, but as is easily illustrated by simply showing up to political events to challenge politicians, those with dissenting opinion are watched like hawks by public police officers imbued with the power of the state, but hired by the politicians to do their bidding. Quite frequently, those who dare to speak the truth are lead out in handcuffs. And in order to get any justice, must spend thousands of dollars and hours pursuing a civil suit. By the time truth gets out, it is long past the point of being able to inform the public which will allow them to make the decisions which are best for them in choosing a “leader.” Besides that, the corporate media rarely publishes what they have to say— and if they do, they portray them as crazy people who are trying to damage your way of life.

Politicians are not leaders, nor are they representatives of the people. They are puppets paid to enrich their masters.

The sooner the public starts paying attention to the public, instead of corporate media, the sooner they will be free.

Good luck, Super Tuesday.

 

The Epstein-Banana Court hearing is Nonsense. Gallerie Perrotin is in the wrong.

five points

I am saddened that Gallerie Perrotin, nor David Datuna nor Basel have responded to my messages. Sadder still, it is likely that Perrotin destroyed my work of art “Reduced to Memes” which I created on their wall in December. According to the Visual Artists Rights Act, Perrotin is the one in the wrong, and the destruction or loss of my piece is legally actionable. Refer to the Five Points Case if you are unfamiliar.

Let’s get to the law. I didn’t break it. We’ll be switching person.

Florida statute 806.13 for Criminal mischief section (1)(a):
.
“A person commits the offense of criminal mischief if he or she willfully and maliciously injures or damages by any means any real or personal property belonging to another, including, but not limited to, the placement of graffiti thereon or other acts of vandalism thereto.”
.
As many are aware, Gallery Perrotin held an exhibit at Art Basel where the artist Maurizio Cattelan taped a banana to the wall, and dubbing it a piece of art. This work of art called “Comedian,” was priced at $120,000. On December 7th, 2019, David Datuna walked up to the wall where the banana was taped, and ate it. Perrotin chose not to press charges, and their representative, Lucien Terras even went so far as to say of Datuna, “He did not destroy the art work. The banana is the idea.”

By virtue of the gallery allowing David Datuna to create a new piece of art through destroying an old one, they created a situation in which an artist like Rod Webber, (or anyone else), might reasonably believe that he or she could behave in a similar way, by creating a new art piece, just as Datuna had. Any such person attempting to create a new work could not be seen as *willfully and maliciously* damaging property, even if damage was done. One might even conclude that Perrotin was inviting the public to join in on the performance. Webber’s act was not malicious— it was motivated by Webber’s desire to create art, just like the guy who just ate the art off of the wall. Also, let’s not forget the first amendment.

Accordingly, Mr. Webber’s marks on the gallery wall cannot be considered criminal mischief.
.
Perrotin Gallery seemed to agree with this premise, since they said they wouldn’t press charges against David Datuna, and they wouldn’t press charges against Rod Webber. Remember, in the words of the gallery, David Datuna, “did not destroy the art work. The banana is the idea.”

So, if the banana is the art, and the art is the idea, then the jury must conclude that Rod Webber too was creating a work of art when he scrawled “Epstien Didn’t Kill Himself” in red lipstick on the wall of the Perrotin Gallery. The only way the jury can find Rod Webber guilty is if the jury concludes that Webber’s actions were not art, because his actions for some reason were an invalid idea.

There was no willful malice. And in “the land of the free” there should be no idea so strange that it should be considered invalid. To begin branding ideas as invalid would require forming “thought police,” and doing so would be to step one step further down the path to George Orwell’s 1984 dystopia.

Lastly, there was no victim. If there is no victim, there is no crime.

The court hearing is at 9AM in Miami Beach.

Feel free to get up to speed on your jurisprudence.

JURY INSTRUCTIONS FOR CRIMINAL MISCHIEF

CAMPBELL v STATE

J.R.S. v STATE

SANCHEZ v STATE

FL STATUTES

VISUAL ARTISTS RIGHTS ACT

I expect that this will result in a hung jury— unlike Jeffrey Epstein.

Trump’s “deadly force” law challenged in New Hampshire

 

20CC4844-1A3C-4296-92B5-0D2558AE6C84

Chris Balch and I just took on the first of two laws stemming from New Hampshire’s draconian and deadly “decorum” laws. Today’s hearing was about how “security” is defined. Soon, with Chris’ help, we will tackle the law NH which the Trump campaign cites which says “deadly force” can be used to maintain decorum. Also, I told everyone in the room, I could legally kill them– and they should thank me for not doing so.

Many, many thanks to Chris for making this happen!