[ April 23, 2024 ]
The Judge could grant dismissal of the lawsuit. So it is pointless to ask about our alleged role in the jihad attack, says the Federal Bureau of Investigation in its own defense, through its mouthpiece, the Department of Justice.
But the FBI failed to state a court rule, statute or “good cause” to prevent all discovery, responds the Plaintiff.
This lawsuit’s allegations are detailed in a previous article on the Geller Report here.1
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Arguments concern whether to immediately conduct discovery – interrogatories, requests to produce, depositions, etc. – concurrent with a pending Motion to Dismiss. The following are excerpts of the USA / FBI’s Motion 2 and Memorandum [DM/pg];3 Plaintiff’s Response [PR/pg];4 and the USA / FBI’s Reply [DR/pg].5
USA / FBI’s Motion for Relief
The Motion seeks “to relieve the parties from the reporting requirements set forth in the Court’s order dated January 16, 2018…, to abstain from entering a scheduling order, and for a stay of discovery while the United States’ motion to dismiss … is pending.”
USA / FBI’s Memorandum
“Plaintiff alleges that he was shot in the leg while working as a security guard at an event called the ‘First Annual Muhammad Art Exhibit and Contest’ at the Curtis Culwell Center in Garland, Texas on May 3, 2015 (‘the event’). The shooting occurred when Elton Simpson and Nadir Soofi, whom Plaintiff describes as ‘two members of the international terrorist organization ISIS,’ attempted to carry out a mass-shooting at the event.” [DM/1-2]
“[A]s a practical matter, it is especially difficult (and unnecessary) at this juncture for case management deadlines to be set, given that the parties’ briefing on the sovereign immunity issue is not yet complete and it is thus unknown when the issue will be resolved … If the motion [to dismiss] is granted, then the need for a scheduling order will no longer exist. Alternatively, if the motion is denied or granted in part, this Court’s ruling may reduce the number of claims and narrow the scope of discovery.” [DM/4]
“Staying discovery in this action while the motion to dismiss is pending is more than simply appropriate – it is necessary to preserve the United States’ sovereign immunity.” [DM/5]
“A stay of discovery is especially justified here given the nature of the information likely to be sought during discovery by Plaintiff. On its face, the Complaint makes clear that it challenges alleged Government conduct [the FBI] taken during the course of a national security counterterrorism investigation. As such, there is a strong likelihood that much of the information Plaintiff will seek from the FBI is classified and law enforcement sensitive information over which the Government will assert claims of privilege to prevent its disclosure. To be sure, in pending federal criminal proceedings related to the events at issue in this case, the Government continues to protect such information from disclosure.” [DM/6-7]
The counter-terrorism investigation, particularly concerning the jihad attack here, has resulted in criminal proceedings against three defendants: (1) Erick Jamal Hendricks, who will be tried in March, 2018;6 (2) Abdul Khabir Wahid, who will be tried in May, 2018;7 and (3) Abdul Malik Abdul Kareem, who was convicted in February, 2017, but he has a pending appeal.8
Plaintiff’s Response
“The purpose of pre-dismissal discovery is to find factual support for a plaintiff’s argument that the conduct at issue is not discretionary, and thus not covered by the discretionary function exception.” [PR/7, fn1]
“If Congress had intended for a stay on discovery to be imposed anytime Defendant raises the discretionary function exception in a motion to dismiss, then some federal rule [of court procedure] or statute would say so.” [PR/8]
“Given that no Scheduling Conference has even been held, and no discovery requests have even been sent, Defendant’s Motion to Stay is premature–as it cannot yet determine whether it will suffer ‘annoyance, embarrassment, oppression, or undue burden or expense’ by proceeding as usual. If Defendant receives specific discovery requests that are oppressive or pose an undue burden to respond to–then Defendant can object to those particular requests. Defendant is also free to invoke privilege when any information requested by Plaintiff is subject to privilege. But insisting on a blanket stay of all discovery–when no good cause has been definitively demonstrated–goes too far. Defendant has not met its ‘heavy burden’ and demonstrated good cause to sidestep the general rule in favor of discovery.” [PR/5-6]
“Even if the Court were to find some merit in Defendant’s Motion to Dismiss, Plaintiff would likely be allowed an opportunity to amend its pleadings to cure any defects.” [PR/6]
USA / FBI’s Reply
“The burden of going through the painstaking process of reviewing such materials in response to a discovery request is, quite frankly, self-evident. Placing such a burden on the FBI, which already bears a heavy workload dealing with discovery in numerous legal actions throughout the country as well as Congressional requests, is the very sort of intrusion into sovereign immunity that should be avoided until the threshold legal issues are decided.” [DR/2].
U.S. Taxpayers are owed explanations for the FBI’s alleged action or inaction
What do the majority of mass shootings have in common? All levels of government, particularly the FBI, apparently did not “connect the dots” and therefore “dropped the ball” to prevent the attacks.
Hypothetical: Entrapment is not a defense when the perpetrator was predisposed to commit the crime. However, consider: Is an undercover law enforcement officer considered a co-conspirator if his words originate the crime, and his acts contribute to the crime?
As this Complaint alleges:
“[On] (May 2, 2015), Hendricks and UCE-1 again chatted online about the upcoming Garland event. Hendricks wrote, ‘I wish someone could go to tx and harass them during the night;’ ‘a good solid protest;’ and ‘Unique one man protest.’ After Hendricks explained that he was unable to go because he was on the no-fly list and it was ‘too much driving,’ UCE-1 then volunteered to go. UCE-1 then asked, ‘Just me or any other brothers?’ Hendricks responded, ‘See what you and bro [Simpson] can do,’ and added that Simpson ‘has another brother he knows’ (presumably Soofi). Hendricks then provided ICE-1 with Simpson’s alternate Twitter contact.” [Complaint ¶ 34].
Assume the above is true and consider: But-for the FBI’s undercover agent effectively having “green-lighted” the attack, and offered himself to go and facilitate it, would there have been a jihad attack in Garland, Texas? If not, then Plaintiff – a security guard – would not have been shot, and suffer emotional distress.
President Obama did more than seek to protect Islam as a minority religion in the United States. His words and deeds advocated for, and promoted, Islam.
The Department of Justice, and the Federal Bureau of Investigation, are under the Executive branch. The FBI ostensibly has provided briefings to the President. Using every scandal’s inquiry: What did President Obama know, and when did he know it?
Gerald Lostutter is a Florida licensed attorney, college professor, and journalist. He has worked in the print and broadcast media. His comedy can be heard on Central Florida Radio. Scroll down to WDBO-AM 580, and WMEL-AM 920.
1 Joiner v. United States of America, Civil docket: 3:17-cv-02692-M, U.S. District Court for the Northern District of Texas (Dallas); Filed Oct. 2, 2017. This public record is online as a summary via Justia, and accessible via Pacer. The latter will require the User’s account, and possible costs.
2 Defendant United States of America’s Motion for Relief from Order Requiring a Scheduling Conference and Report and For a Stay of Discovery (01-30-18).
3 Memorandum in Support of Defendant United States of America’s Motion for Relief from Order Requiring a Scheduling Conference and Report and For a Stay of Discovery (01-30-18).
4 Plaintiff’s Response in Opposition to Defendant’s Motion for Relief from Order Requiring a Scheduling Conference and Report and For a Stay of Discovery (02-16-18).
5 Reply to Plaintiff’s Opposition to Defendant United States of America’s Motion for Relief from Order Requiring a Scheduling Conference and Report and For a Stay of Discovery (03-01-18).
6 United States of America v. Erick Jamal Hendricks, No. 16-DR-265 (N.D. Oh).
7 United States of America v. Abdul Khabir Wahid, No. 17-CR-360 (D. Az).
8 United States of America v. Abdul Malik abdul Kareem, No. 15-CR-707 (D. Az).
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52 Comments
6 years ago
Other than gross incompetence, infiltration by muslim agents, and neglect, what is the f b i trying to hide?
6 years ago
Reply to
Mahou Shoujo
Agree. Everyone tweet Trump and inform him how FBI is protecting jihadi collaboraters within FBI.
unite and fightback , its democracy and nobody can impose their views if majority are against it and willing to fight it socially and legally like these American patriots did to stop islamisation of schools https://tinyurl.com/y8yzso88
D
6 years ago
Reply to
Mahou Shoujo
“If it wasn’t for gross incompetence,
they wouldn’t have no competence at all” 🙂
D
6 years ago
Reply to
AlgorithmicAnalyst
For a trio they were amazing and they didn’t even last that long. Clapton didn’t do much w/the Yardbyrds, but he was on fire w/Cream.
6 years ago
Reply to
IzlamDownpressesHumanity
When Clapton left the Yardbyrds he joined John Mayall and the bluesbreakers before he started Cream. After 3 years he started Blind Faith then there was a stint with Delany and Bonnie, Then there was Derek and the Dominos and then he went solo. Some of his solo compositions were good but I definitely liked the Cream years better. When Clapton left the Yardbyrds Jeff Beck Replaced him. Jimmy Page replaced Jeff Beck and the Yardbyrds dispersed and Page formed Zeppelin. Page was a Studio musician who played on Tom Jones’s Green Green Grass Of Home and on the Herman and the Hermits Albums as well as many others.
6 years ago
Reply to
Mahou Shoujo
Where there’s smoke there’s fire and the F_I-B is a four alarm fire.
6 years ago
Reply to
IzlamDownpressesHumanity
Ah yes, memories of ESL class
One “L” lama he’s a beast
Two Llama, he’s a Priest
Three “L” ama, one ell of a big fire
Four “L” lama… democrat ass covering alert?
6 years ago
Reply to
Mahou Shoujo
LOL. Did you learn Engrish back in JP? Or in Canada?
http://cdn0.lostateminor.com/wp-content/uploads/2010/01/engrish-7.jpg
6 years ago
Reply to
Achmed Mohammedan
That is what happens when impressionable children are subjugated to an education.
6 years ago
Reply to
Mahou Shoujo
So you couldn’t speak/read/write English when you moved to Canada?
6 years ago
Reply to
IzlamDownpressesHumanity
A few words. Hello, byby, where’s the toilet. There was a priority on learning it fairly quickly.
6 years ago
Reply to
Mahou Shoujo
Wow, that must’ve been rough. At least you were in civilised Canada though.
6 years ago
Reply to
IzlamDownpressesHumanity
“Civilized” is debatable, uncrowded was what I think was what my ancestors looked for. That is why I live in the frozen swamp, every time “civilization” appears, it is staved off with poles and other blunt objects.
6 years ago
Reply to
Mahou Shoujo
Two ls (ll) for the beast. Only one l for the priest. Dalai Lama and the llama, as in, “what’s the difference between a llama and alpaca”
When TOEFL changed to ESL, everything went downhill.
6 years ago
Reply to
Achmed Mohammedan
Possibly, with proper instruction I may have become marginally literate. O well another folly of my misspent youth.
6 years ago
Reply to
Mahou Shoujo
What’s FBI trying to hide?
The Federal Bureau of Investigation Islamization
6 years ago
Reply to
Kalambong Kalambong
The FBI is now a garbage ‘intelligence’ bureau, well and truly subverted and utterly corrupt. Now evident, James Comey’s replace, Christopher Wray, is a total dead loss, like Comey covering up for rogue agents and rogue FBI activities. Also infuriatingly evident, Wray is not cleaning up this rubbish FBI, so now see more of the FBI’s denying information, claiming it is “classified” and that “intrusion into sovereign immunity … should be avoided” (in effect to conceal its ineptitude or complicity in criminal or terrorist activity). Who the devil is advising Donald Trump regarding his appointments? Are there barely any good men and women with true character left in the U.S.? Who recommended Wray? Who recommended Jeff Sessions and who recommended the other ‘Mr McGoo’, NSA H.R. McMaster? These useless men are one disaster after another and whoever has been advising the president is either just a fool or calculatedly misleading him, part of corrupt Washington D.C. More and more the country just looks really stupid with one bumbling morals destitute ass following another.
6 years ago
Reply to
Mahou Shoujo
Students are like sheep, they will be lead by any noise, in a few weeks a new video game will have them all distracted.
6 years ago
Reply to
Mahou Shoujo
Or like goats. Here are the 72 Virgins that any “jihadi martyr” (I know, this is term is an oxymoron)
is entitled to.
https://www.youtube.com/watch?v=lfGc8RkRJO0
6 years ago
Reply to
Mahou Shoujo
It was an FBI operation that went bad.
The FBI was literally right behind the pisslamic POS filming what was supposed to be an attack. The film was going to be used as evidence. The gov’t, at all levels and all departments, was going to have what was needed to implement more laws and take away even more of our freedoms. The FBI found these POS to carry out an attack and these dumbA-es F-ed it up. I highly doubt that the FBI was going to use the “evidence” to raid any mosques, don’t you? Don’t you remember Anthony Weiner, his two legged B- of a wife was a pisslamic advisor to the DNC/HRC presidential campaign. Supporters and holdovers of HRC/BHO are still in place and need to be removed as soon as Mueller falls on his sword. Eventually, his work will implode. You can expect him to drum up some more noise just before mid-terms in an attempt to help the DNC sway voters and to stay in power/position as long as possible. He wants to protect his little F- buddy James CUMey by running the witch hunt beyond the statute of limitations. This would make CUMey virtually immune from investigation and prosecution. Just wait and see as DJT and Sessions have to (impatiently as H-) wait.
6 years ago
Shameless.
6 years ago
President Obama was honest and straight forward. “The future must not belong to those who slander the Prophet of Islam.”
6 years ago
Reply to
poetcomic1
They are trained to NOT make mistakes; so these “mistakes” are intentional cover-ups.
6 years ago
What did Obama know? Everything. When did he know it? As soon as the plan was hatched. Of course, that’ll never come out. Why else would the FBI stonewall at every turn. These are not simple blunders they are committing.
D
6 years ago
The simplest explanation is that the previous administration wanted the terrorists to do their dirty work for them, after which they could arrest the terrorists and claim credit for doing a great job.
6 years ago
Reply to
AlgorithmicAnalyst
Let’s not forget banning the same kind of weapons from use by law abiding citizens and use this massacre as another red flag to ban all the rest and deny every private citizen’s right to self-defense by any means they choose.
6 years ago
Reply to
AlgorithmicAnalyst
Yes implementing the 0mahdi’s vow that “there must be no future for those who slander the prophet of Islam.” What better way to do that then have the F_I-b assist in a muslum terrorist attack?
6 years ago
Why not criminal charges against the F_I-B? Because when muslums are allowed to carry out their terrorist attack that would qualify as depraved indifference and the prospects of someone getting killed in a muslum terrorist attack are high. Couldn’t the F_I-b at least be seen as aiding and abetting in the terrorist attack in Garland? After all, what specifics about the attack did they know but not share w/the Garland police?
6 years ago
Full disclosure, settle for nothing less.
6 years ago
I see. Took a sec. The F_I-B does not want it discovered that it actually was responsible for initiating and encouraging the attack.
6 years ago
The good ol leFtBI… man Barry Hussein did a number on your pathetic, libtard, musliime cuck leadership didn’t he. You frauds.
6 years ago
THIS HAS OBAMA’S FILTH WRITTEN ALL OVER IT. THIS IS STUFF THAT YOU CAN’T IMAGINE HAPPENING…WHAT IF THEY WOULD HAVE GOTTEN THROUGH THE DOORS.? WE HAVE TO SUSPECT THAT WAS WHAT THEY WERE HOPING WOULD HAPPEN. So what about Tennessee shooter? San Bernadino? Orlando? how about ties there. And now Parkland Florida. The corruption is damning.
6 years ago
The FBI’s ineptness, anti-Conservative, anti-Semitic, pro-Islam are systemic in its rudderless, bias ant-Constitutional mandate. Collaboration with those whose sole intent is to undermine the Nation, the President, and Americans daring to speak out about the injustice and dereliction of this Agency of which the FBI is only one. Its manipulative ploy of using ‘National Security’ is a bare face lie, false justice, a mere ploy to keep the proletariat in the dark. America’s judiciary is part of the same nefarious ruse to deny Americans the facts and just the fact, ma’am.
The Republic is being devoured from the inside out with one motive, to eradicate this Constitutional Republic with an autocracy. At the culmination of the massive deletion of Constitutional Rights; Progressives and other totalitarians will become Patriots, once again,
6 years ago
Our FBI and CIA are totally CORRUPT.
6 years ago
Smoke … lots of smoke. And where there’s smoke …
Seriously, why not just say the UCE-1 had to go along to keep up surveillance pursuing to an on-going investigation, and offer a settlement? Because they cannot show that.
Answer: Whatever games the FBI was playing… protecting American citizens was not one of them.
6 years ago
The FBI’s reasons are the people of the USA need not know and if that does not fly, we are just too busy to bother with discovery requests. Pathetic. If it flies for the FBI this should also work for the average citizen. What am I thinking??!! Our laws apply to only those who are Republican and not in politics.
6 years ago
When Geller reported on this earlier, I told you it was a false flag, baiting, cover-up FBI operation that went to off the rails. Trump and Sessions need to let Mueller fall on his sword so the swamp can be drained. We need to drain it desperaty of the O-hole/HRC supporters and holdovers.
6 years ago
If the FIB (grammatically correct ancronym) can’t even get it’s grammar right how can you expect them to defend you? This is now an official LAUGHING stock agency. BTW, it’s also an unconstitutional agency like all the others.
6 years ago
What a disgrace. The FBI is just another State sponsored criminal enterprise.
Sharia, is the better description.
6 years ago
The FBI is also forgetting one other legal principle and that is that you do not try to swagger about the courtroom with dirty hands. Negligence of duty and conspiracy to commit murder do not fall under the realm of sovereign immunity.
6 years ago
Breakfast:
FBI: Full of Bullshit Internationally
DOJ: Denigrators Of Justice esp under Obama
IRS: International Rip-off Service
State Dep’t: muslim b-hood in disguise
Lunch
GOV’T: Goons Of Vehement Termination
Din-din
AG: Aggregate Goofball
Dessert:
I’m not in a bad mood……yet.
6 years ago
Shutdown the corrupt FBI and save taxpayers billions and actually we will be safer for it!
6 years ago
Reply to
James Stamulis
I agree but also shutdown the C-I_A and D-H_S, they can’t be trusted anymore either. As a matter of fact the entire federal government should be purged of muslums and muslum collaborators.
6 years ago
Strange goings on here!
At the OBAMA time infiltration of all law enforcement by the Muslim Brotherhood was & maybe still is RIFE!
HILLARY/OBAMA were & may well still be in cahoots with the POLITICAL ARM ( C.A.I.R.) as this Scott Israel & his group al seem to be?
Collusion there somewhere !
6 years ago
Whose side is the FBI on? It certainly isn’t the people who pay their salaries. All part of the Obamaization of our federal agencies and jurists. Between the super corrupt Clintons and that corrupt ? of an administration we should have seen it coming.
6 years ago
You can thank Obama and Holder and Lynch, and Brennan and Mueller and Comey…. for this travesty…protecting the homicidal Cult of Islam. These FBI whores need to be flushed from the Swamp…I would have been at this event if the tix had not sold out immediately…and I wonder where these Muslim Jihadists stopped on their way from Phoenix to Garland…Tucson, Las Cruces…and the agent participated up until the Jihadis were neutralized, and watched from the following car. More corruption from Obama and his love for Islam and Mohammad…
