Appeals Court: Reinstate lawsuit on ISIS Terror Attack on Free Speech in Garland, Texas

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Appeals Court: Please reinstate lawsuit on ISIS Terror Attack in Garland, Texas.

By Gerald Lostutter

It is the fourth anniversary since the ISIS terror attack in Garland, Texas, on May 3, 2015. The terrorists’ target was the First Annual Muhammad Art Exhibit and Contest, a public celebration of the free exercise of speech. Why did the Obama administration fail to protect the public? Taxpayers may find out, thanks to an injured security guard’s appeal after dismissal of his lawsuit against the USA / FBI.

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The USA / FBI’s Defense

On appeal, the government has yet to file a response; but the FBI’s arguments likely will reiterate the trial level Judge’s conclusions in the dismissal:

“The United States is immune from suit absent its consent, and the terms of that consent define a court’s jurisdiction over claims brought against the United States.” The Federal Tort Claims Act “contains a waiver of sovereign immunity … The FTCA’s waiver is subject to several exceptions … One such exception is the discretionary function exception … whether or not the discretion involved be abused.” Dismissal pp. 6-7

An example of a “discretionary function” was the FBI agent’s message of “Tear up Texas” to terrorists. The FBI described the message as “innocuous” for being passive encouragement for Jihad.

 

As the FBI’s “Declaration notes, ‘FBI policies allow investigative personnel wide discretion to determine operational details of how to conduct an investigation.’ Plaintiff contends, however, that UCE-1 exceeded his discretionary authority by participating in Simpson’s and Soofi’s violent acts, including inciting Simpson by sending the ‘tear up Texas’ message, reassuring Hendricks that he was armed at the event, accompanying Soofi and Simpson to the event, and conducting reconnaissance at the event.” Dismissal pp. 8-9

The “Court finds that the policies identified by Plaintiff, along with the National Security Undercover Operations Policy Guide, contain elements of discretion and that the FBI acted within the scope of that discretionary authority.” Dismissal p. 11

The “Court grants Defendant’s Motion to Dismiss without prejudice for lack of subject-matter jurisdiction.” Dismissal p. 19

The Security Guard’s Appeal

The trial level Judge’s conclusion, lack of jurisdiction, was based in part on these errors:

“The district court erred in declining to recognize the ‘state-created danger’ theory, which holds that the government has a constitutional duty to provide protection ‘from third-party violence when [law enforcement] officials affirmatively act to increase or create the danger that ultimately results in the individual’s harm.’ The district court declined to adopt the doctrine because ‘the Fifth Circuit has consistently side-stepped the question of whether to adopt’ it.” Brief p. 28.

“The district court’s failure to apply the appropriate standard for factual construction was not a harmless error. At this pre-discovery stage of the litigation, there are many factual ambiguities in relation to the discretionary function exception that have yet to be resolved. This is evidenced by the fact that the district court conducted a fact-intense analysis of the discretionary function exception that ran on for over eight-and-a-half pages … Every ambiguity the court resolved ‘in favor of the sovereign’ is rendered suspect by its failure to apply the appropriate FTCA standard.” Brief p. 33.

 

“The FBI guidelines are intended to provide practical guidance to federal agents, but the court’s interpretation of the guidelines stretches their meaning so far as to render them useless. Applying the court’s logic, the FBI’s prohibition on ‘participation in an act of violence’ leaves agents with discretion to act as accomplices in a mass shooting, and the agency’s mandate that agents ‘shall try to discourage [a known intent to commit] violence’ leaves agents with discretion to incite and participate in the violence. If the district court’s interpretation is correct – if FBI agents have the “discretion” to do the exact opposite of what agency guidelines mandate – there is no reason for the FBI to have guidelines at all.” Brief pp. 41-42.

Conclusion

The trial level Judge’s dismissal prevented the FBI from having to explain: But-For the FBI’s undercover agent, UCE-1, having “volunteered” to facilitate a “protest,” a code for murder, and enlisted Elton Simpson and Nadir Soofi, would there have been an attack of bullets, resulting in the security officer, Bruce Joiner, having been shot in his leg, and his incurring Post Traumatic Stress Disorder?

The 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) We, the taxpayers, who have a right to know details of our government’s submission to Jihad via political correctness.

Appellate Court, please reverse the trial court’s dismissal, and remand for discovery in this case.

Read the case’s pleadings:

Trial Order of Dismissal

Appellant Joiner’s Brief

Appeal Docket

Review the original case, courtesy of the Geller Report: The case’s essential questions, facts, and FBI’s motion to dismiss: Geller Report; FBI’s motion for relief from discovery: Geller Report; The Judge’s order prevented discovery: Geller Report; The case on-hold: Geller Report; and Dismissal of trial level case: Geller Report.

 

Gerald Lostutter is a Florida licensed attorney, college professor, journalist, and patriot life member (endowment level) of the National Rifle Association. This article does not create an attorney-client relationship. You should consult a licensed attorney for advice.

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felix1999
felix1999
4 years ago

That’s a insane ruling. We PAY for the FBI to protect us. They are glorified police at the federal level with endless resources and more power to PROTECT US! Their job is not to PROTECT Muslim terrorists. Hopefully the FBI will be held accountable. Expose the dirty dealers in the FBI or at least force the FBI to charge them. Police can be charged and convicted, why not an FBI agent for being dirty and not doing their job?

lostlegends
lostlegends
4 years ago
Reply to  felix1999

The FBI is part of the Deep State. As such they are protected and can do as they please. You have no rights save such as they may indulge you. You want any rights, invite the FBI to Runnymede and hand them what rights you seek on the end of a knight’s lance. This is where things are.

knightsstrength
knightsstrength
4 years ago
Reply to  felix1999

The FBI along with CIA, and other security agencies been guilty expecially after WW2 as I have said many time with Operation Paperclip, Operation Ratlines, MkUltra and many other things.
Yes there are sections that do their job correctly but the seniority is corrupt

Bradley Lexvold
Bradley Lexvold
4 years ago

The FBI is a French owned, for profit, government services corporation and is not part of the government. They operate under color of authority and color of law. They are not legitimate. They are part of the shadow government. No court can order them to do anything as this would expose they have no jurisdiction over them. They are isolated and free to do as their masters direct them to do. Legally US Citizens are classified as deck hands on a British flagged ship and are subject to British Admiralty Legal system and US Citizens are legally classified as British Territorial Citizens. Look at your drivers license and Birth Certificate, their printed in all capitol letters, which by established legal precedent signifies you as a slave. They claim ownership of you, you are their property, and as such have no standing. Without standing you can’t demand your natural rights. No case brought by a legal slave has merit, and will be dismissed as this one has been. The rest is details.

Rick Gouveia
Rick Gouveia
4 years ago

Court ruling: FBI agent is allowed to kill you if you are being “investigated”.

Marc
Marc
4 years ago

Nothing should be dramatized – but nothing should be trivialized either. There is a
danger in both. However, I do not see the danger in the “manageable” deaths cau-
sed by attacks, but in the captivity in which millions, if not billions of people are in
the sphere of influence of Islam. If that is no cause for concern, if not for alarmism,
then I do not know. At any rate, attacks will not shake up our deaf and blind society.

Brenda Sinclair
Brenda Sinclair
4 years ago

SO DID I READ THIS RIGHT THE FBI WERE PROTECTING THE MUSLIMS , NOT CITZENS OF TEXAScomment image

romain reuter
romain reuter
4 years ago

The first muslim that comes to my door to check my “islamic status”, will end up with a bullet in his brain!

romain reuter
romain reuter
4 years ago

I fear it was the Obama administration that gave the order to the FBI not to intervene, and let the two jihadis perpetrate slaughter of Pamela and of her guests and friends. A way to get rid of Pamela and her harsh criticism of the Obama administration.
I have not proof for that, but it damn looks like that!

The Last English Prince
The Last English Prince
4 years ago

I would like the government to reimburse the $113.00 dollars for my cab ride home at one a.m. since my Jeep was taped off in the parking lot as part of the crime scene.

Had to head in to work in the morning and then have my spouse drive us back to Garland in peak traffic to retrieve the vehicle the following afternoon. That took three hours. All of us, were impacted and inconvenienced on small scale. Albeit we were grateful research lab gerbils. And I call us “gerbils” because we did not give informed consent for what at least one agent knew was “going down” at your event. At least we were not shot and injured. Grateful to have not experienced what happened in the parking lot.

Dave Quilty
Dave Quilty
4 years ago

In normal times this would be a huge nation story. Not in todays insane environment.

John Acord
John Acord
4 years ago

It is no accident that McCabe, Comey, Muller, Ohr, and the rest of their ilk were running the FBI. The FBI is the armed police force for the Commiecrat Deep State. They are the USA’s version of the NKVD, KGB. Mao’s Red Guards and the Gestapo. Those who serve in the FBI may not all be scum but they wade in the sewer each day of their professional lives. They lie, cheat and steal, but more importantly, they are the Praetorian Guard Of the Commiecrat Deep State. This ruling is just another demonstration of how they are protected by the Deep State. This ruling was not authored by an independent judge or judiciary. This judge was told to protect the FBI or you will be our next target. It’s simple as that.

John Mitchell
John Mitchell
4 years ago

So, basically the FBI is our version of the Gestapo or Sicherheitsdienst (SD)? Well, thanks to idiot judges anyway.

Michael Copeland
Michael Copeland
4 years ago

“Sentence first! Verdict afterwards.”
The Red Queen in Alice in Wonderland

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