Posted on 02/03/2022 3:12:00 PM PST by blam
The complaint alleges that the defendants sought to “obstruct a constitutional proceeding by intimidating and retaliating against a key witness.” The complaint alleges two counts: a conspiracy in violation of 42 U.S.C. § 1985(1) and a conspiracy in violation of 42 U.S.C. § 1985(2). It seeks an order from the court to “permanently enjoin” the defendants from violating said laws again despite the fact that they are now private citizens. It also seeks nominal, compensatory, consequential, and punitive damages; and attorneys’ fees and costs.
It alleges:
In late 2019 and early 2020, President Trump and his allies—including members of his White House staff, members of his family and personal legal team, and at least one on-air personality employed by an allied media outlet—engaged in an intentional, concerted campaign of unlawful intimidation and retaliation against a sitting Director of the National Security Council and decorated military officer, Lieutenant Colonel Alexander Vindman, to prevent him from and then punish him for testifying truthfully before Congress during impeachment proceedings against President Trump. This campaign of intimidation and retaliation has had severe and deeply personal ramifications for Lt. Col. Vindman. It also left a stain on our democracy.
Much is already known about Vindman’s objections to what he heard in the call between Trump and the Ukrainian president. He alleges that, after he made his objections known, he became the target of an unrelenting media campaign attacking his honesty and even his loyalty:
The attacks on Lt. Col. Vindman did not simply happen by accident or coincidence, nor were they the result of normal politics or modern newscycles. Rather, the coordinated campaign was the result of a common understanding and agreement among and between President Trump, Defendants, and others comprising a close group of aides and associates inside and outside of the White House, to target Lt. Col. Vindman in a specific way for the specific purpose of intimidation and retaliation. The coordination and agreement on purpose and strategy is exactly what made this unlawful campaign against Lt. Col. Vindman so damaging.
The lawsuit says the campaign was “designed to inflict maximum damage by creating and spreading disinformation that they knew would be picked up and amplified by anchors at Fox News, other right-wing media outlets, and across social media — all while Lt. Col. Vindman’s active duty status prevented him from effectively defending himself.”
There clearly was a campaign to discredit Vindman. During the impeachment, I criticized those who went after the witnesses, including Vindman, and I specifically objected to later personnel changes related to Vindman. However, Vindman did not challenge the legality of those moves. He is challenging the media campaign and a host of individuals who are not named as parties.
Moreover, the lawsuit (if it makes it past a motion to dismiss) could expose all of the parties, including Vindman, to discovery on their communications related to the media and Congress. That could trigger some difficult privilege and confidentiality fights.
The question is whether that is political speech or an actual violation of federal law. In defending Trump, his staff and allies challenged the credibility, the motivations, and the interpretation of his accusers. Vindman says that this cannot be treated as pure politics:
Whatever one thinks of the merits of the underlying impeachment, purposefully attacking witnesses for participating in an official proceeding and telling the truth cannot be dismissed as politics as usual and cannot be tolerated in a nation built on the rule of law. However toxic our politics may have become, this kind of unlawful conduct must not be accepted as “normal” in any healthy democracy.
He repeatedly accuses Fox News of being part of this conspiracy against him. (For full disclosure, I am a legal analyst on Fox News). He alleges “close coordination between Fox News and the Trump Administration,” including a “private meeting” between then-Attorney General Bill Barr and Rupert Murdoch in October 2019. It goes on to claim the “Trump Administration’s relationship with Fox News was unprecedented in American history.”
The problem with the complaint is that it would require the court to delve into political disputes between Congress and the White House. What Vindman calls “false claims” can be matters of opinion and protected as political speech. Indeed, Vindman himself has been criticized for suggesting that some viewpoints should be punished. He was attacked on some conservative sites when he suggested that a trailer Carlson posted for his new documentary, “Patriot Purge,” could be the grounds for sanctions. He called Carlson an “anarchist” and an “arsonist” and“How is this different than yelling fire in a crowded theater? Carlson is attempting to incite a riotous mob. He should be censured. I’d like to hear the arguments for/against this being protected speech.” Since he is stating that Carlson is an anarchist and an arsonist, the question appears rather rhetorical.
He is an anarchist; an arsonist of American democracy. How is this different than yelling fire in a crowded theater? Carlson is attempting to incite a riotous mob. He should be censured. I’d like to hear the arguments for/against this being protected speech. https://t.co/xHTaxXo2p2
— Alexander S. Vindman (@AVindman) October 28, 2021
The inclusion of private parties in the lawsuit magnify the constitutional concerns over free speech. Vindman does not sue former President Trump while detailing how these individuals were clearly acting with his knowledge (citing Michael Cohen, Trump’s former lawyer and now Trump’s vehement enemy). Consider this passage on Trump Jr.:
Trump Jr. has at all relevant times been in close and continuing communication with President Trump. But beyond any father-son relationship, Trump Jr. and his father coordinated their public messaging on matters involving Trump’s presidency, businesses, and political and personal advancement. Steve Bannon has observed that Trump Jr. does not take any action without his father’s approval. Michael Cohen, one of President Trump’s former personal attorneys, testified under oath that he “absolutely” agreed with Bannon’s assessment of the relationship between President Trump and Trump Jr., and further that Trump “would never let Don [Jr] do” anything important on his own. Instead, Trump Jr. acts only with President Trump’s guidance and approval.
he loves his uniform; bet he sleps in it.
edit: sleeps in it
And this guy is a Ranger? I’ve known a bunch of those guys. They are not easily intimidated.
In the Army, they call him Windman.
Yep. There is a stain on our democracy, alright. And Vindman epitomizes it.
Do we know any other soldiers were solicited by another country??
Looks like Alex is out of $$$.
I don’t think his play will work.
.
Snowflake.
Deceiver.
Sue me.
His attempt at a coup against the President of the United State should be punished.
“for testifying truthfully”
He didn’t testify truthfully, so toss this lawsuit in the trashbin.
Another attack on Trump by the self righteous, puffed up junior officer who thinks he’s in charge of the Executive branch.
If the suit is allowed to go forward, will he be forced to produce his communications with Misko, Pelosi et al?
He whines, complains, dissembles, lies and points his fat little fingers at everyone else why shrugging off any responsibility of his own.
But we all know he was put up to it, and the conspiracy is all on his side.
“Our Democracy” again. It isn’t a democracy, pal, and it sure as hell isn’t yours.
I liked SLEPS better....the guy is a slep.
This Ukrainian is a stain.
Fathead is a stain upon the military and our government 🤪
I agree, he violated protocol, and didn’t go through his chain of command. He works at the pleasure of the President and didn’t have a position of any real import.
Vindman is pretty dumb for a smart person. Civil suits mean counter suits, and civil court process is bit fairer than a show trials. Discovery and cross examination are two way streets and congress doesn’t get to make the rules here.
Vindman is a stain in Brandon’s skivvies.
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