Texas Terror Attack: A Travesty of Justice

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The lawsuit1 on the terror attack in Garland, Texas is on hold: a court order effectively denies disclosure to the plaintiff or the public.

The order (04-19-18), “granting USA / FBI’s Motion for Relief for Scheduling Report and Stay of Discovery,” 2 requires a decision by Hon. Karen Gren Scholer,3 on the Motion to Dismiss (GR: “FBI to Judge”) the Complaint (GR: “FBI ‘Green-Lighted’ Attack”).

There are ramifications:

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  1. if the Motion to Dismiss is denied, then the case continues with disclosure; However,
  2. if the Motion to Dismiss is granted, then the case ends, and the public will never learn details.

Discovery could affect whether the case is dismissed

“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,” alleges the USA / FBI in its Memorandum [p. 5]. “The burden of going through the painstaking process of reviewing such materials in response to a discovery request is, quite frankly, self-evident,” in its Reply. [p. 2].

“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 … The purpose of pre-dismissal discovery is to find factual support for plaintiff’s  argument that the conduct at issue is not discretionary, and thus not covered by the discretionary function exception,” according to Plaintiff’s Response [p. 6; 7, fn.1].

U.S. Taxpayers are owed explanations

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 the 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.” [¶ 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.

Conclusion

The Judge granted a prohibition of discovery prior to a decision on USA / FBI’s Motion to Dismiss. That prohibition of evidence will negatively impact Plaintiff’s ability to substantiate the allegations.

Dear Judge: Please deny the motion to dismiss. USA / FBI owes explanations to many victims of the first ISIS-credited terrorist attack in the United States. Victims include: (a) Bruce Joiner, the security guard, shot; (b) Pamela Geller and Robert Spencer, of the American Freedom Defense Initiative, sponsors of the event; (c) Bosch Fawstin, winner of the contest, as well as hundreds of artists including this author; (d) hundreds of attendees at the event; and (e) U.S. taxpayers, who really do have a right to know. Justice delayed, or denied, is a travesty.

Gerald Lostutter is a Florida licensed attorney, college professor, and journalist. His cartoon, “Friday Night Jihad,” was featured on Breitbart.com.

1 Joiner v. United States of America, Civil docket: 3:17-cv-02692-S, U.S. District Court for the Northern District of Texas (Dallas); Filed Oct. 2, 2017. This public record is online via Pacer, which will require the User’s account, and possible costs.

2 The electronic order is listed, but not available for review, on the Court’s website.

3 Hon. Karen Gren Scholer, Judge of the U.S. District Court for the Northern District of Texas (Dallas). Judge Scholer was nominated (09-07-17) by President Trump. 95-0 was the vote (03-05-18) by the U.S. Senate. Scholer assumed office  (03-06-18) and sworn-in (03-07-18). Read Scholer’s Questionnaire for Judicial Nominees. Watch Scholar’s testimony before the U.S. Senate’s Judiciary Committee. Scholer was nominated (03-15-16) by President Obama, but the nomination expired (01-03-17).

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Suresh
Suresh
5 years ago

And the first Muslim democrat president imported 200,000 legal and illegal muslims and
deported christians back to ISIS to be slaughtered after they tried to make it to America http://tinyurl.com/mtc3xch

And those who dared to help were threatened to shut up and MSM would not cover it !

aemoreira1981
aemoreira1981
5 years ago
Reply to  Suresh

False claim for reasons cited before.

Suresh
Suresh
5 years ago
Reply to  aemoreira1981

debunked your lies before

aemoreira1981
aemoreira1981
5 years ago
Reply to  Suresh

Those Christians self inflicted that by crossing the border as illegals, and yes Mexicans have been deported.

Mahou Shoujo
Mahou Shoujo
5 years ago

This whole procedure is leading up to the case being thrown out of court, it will have cost someone a lot of money to pay off everyone involved.

Joseph
Joseph
5 years ago
Reply to  Mahou Shoujo

This is Treason These politicians should be hung.
Save & protect our woman & children from these savages(Isalm and Gouv’t)
We must take to the streets and shut down the government, shut down the country until Islam is banned
We must protest 24hrs/day 7 day/week
We must demand our rights and freedom
Soldiers as young as 16yrs died for our freedom, let them not have died in vain
This is little to ask of you and us.
Every day that passes this task will get much harder and more dangerous
God help us all Amen

R. Arandas
R. Arandas
5 years ago

The Texans have lots of men with no shortage of guns and extensive firearm training. The Muslims better NOT mess with them again, because Muslims are not the only ones who can shoot at enemies.

Achmed Mohandjob
Achmed Mohandjob
5 years ago
Reply to  R. Arandas

Having seen the marksmanship of what were, supposedly, the moslem’s finest (Hussein’s Republican Guards, in Kuwait) … Texans don’t have too high of a threshold.

IzlamDownpressesHumanity
IzlamDownpressesHumanity
5 years ago

What are they covering up? Because the desperation of the “Justice” Department and Federal Bureau of Islum is quite clear.

felix1999
felix1999
5 years ago

Pockets of the FBI are CORRUPT.
Boston, Las Vegas, San Bernardino… are CORRUPT!

Achmed Mohandjob
Achmed Mohandjob
5 years ago
Reply to  felix1999

ALL of the fbi is corrupt. Each and every single agent is nothing more than a disgusting and lying thief.

UnderzogD
Underzog
5 years ago

Why should I believe anything the Federal Bureau of Islam? Will they cover up all their depredations regarding the religion of peace? I have good reasons to be suspicious of their lack of explanation in Las Vegas, too. Comey is a crook and aliar andso are the rest of them.

IzlamDownpressesHumanity
IzlamDownpressesHumanity
5 years ago
Reply to  Underzog

I’d almost forgotten about the Las Vegas shooter and his ties to Middle Eastern muslum thugocracies

Ed Nantes
Ed Nantes
5 years ago

Izzy , careful not to try and drive with those substances in you.

Dick Bates
Dick Bates
5 years ago
Reply to  Ed Nantes

Buzz off fool ! Don’t you want the REAL Vegas story or do you want the continuing FEEBLE BODY INSTIGATORS lies as usual ?

Ed Nantes
Ed Nantes
5 years ago
Reply to  Dick Bates

Master, Dick. Interesting the things Muslims got up to. I hear they also sank the Titanic, shot down the HIndenberg… an JFK, and currently are responsible for the volcano in Hawaii.
And todays story that A friend of Putin’s, Vekselberg paid the money to Cohen to cover p the trump payment to a prostitute.. all just fake news again .. But hey, interesting and we’re just luvin’ ít.

IzlamDownpressesHumanity
IzlamDownpressesHumanity
5 years ago
Reply to  Ed Nantes

IF you drink enough camel urine cocktails you’re sure to reach muslum nirvana dumb muslum chump-anzee.

Ed Nantes
Ed Nantes
5 years ago

Izzy Cocktails you , What’s the recipe for yours? Kosher wine , I suppose.

felix1999
felix1999
5 years ago

Not disclosing details for discovery, pending a dismissal s bad news. It absolutely conceals this from the news and the public.

HOW can they possibly consider DISMISSING this?

tom
tom
5 years ago

I was in attendance in Garland that day so I have more than a passing interest on what really went down and what the hell the Feds were up to..Can you say…….Big f-ing COVERUP?!

James Stamulis
James Stamulis
5 years ago

The one that has been proved is the FBI has been more corrupt than Al Capone and the Mafia put together.

imwithstoopid
imwithstoopid
5 years ago

This judge was put there by Obo and then Trump re-elects her. Why would he do that? Basic stupidity.

iprazhm
iprazhm
5 years ago

It’s a cover up of the FBI’s involvement in yet again another islamic terrorist attack.

MerchantseamenD
Merchantseamen
5 years ago

FBI full of thieves and murderers. Just look at heir record since Bubba Clinton was elected. In once case “mass murder”.

IzlamDownpressesHumanity
IzlamDownpressesHumanity
5 years ago

It’s interesting that as muslums come to dominate the politics of any dying Western atheist democracy justice begins to resemble that practiced in muslum states.

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