Posted on 06/22/2015 12:38:44 PM PDT by COUNTrecount
In a move that was so quick it even surprised even the plaintiff, Judge Donald Middlebrooks of the U.S. District Court for the Southern District of Florida scheduled a January 20th, 2016 trial date for the RICO lawsuit against Bill and Hillary Clinton and the Clinton Foundation (RICO stands for racketeering, influenced and corrupt organizations and was originally created to enable the Justice Department to convict organized crime figures).
Larry Klayman a former federal prosecutor had, just filed the lawsuit a few days earlier on behalf of the watchdog organization he founded, "Freedom Watch."
On Friday Klayman told Newsmax TV host Steve Malzberg:
The suit alleges Clinton, while secretary of state, used her position to influence foreign donors supporting the Clinton Foundation. It also accuses Clinton's former chief of staff Cheryl Mills of lying about the existence of documents Klayman requested under the Freedom of Information Act.
The crux of the suit revolves around Clinton's use of a private email account and server to conduct government business.
"My takeaway is we've seen only a fraction of those emails," Klayman said.
He added that he was very surprised by the speed with which Judge Middlebrooks scheduled the trial saying, "My takeaway is we've seen only a fraction of those emails."
Klayman said he intends to call both Bill and Hillary to testify in the suit, and has already requested that the judge seize Hillary's private email server. The Washington Examiner reported that Klayman wanted the server inspected.
Klayman also asked the judge to order a "neutral forensic expert ... to take custody and control of the private email server and reconstruct and preserve the official U.S. Government records relating to the conduct of U.S. foreign policy during Defendant Secretary Clinton's term as Secretary of State."
Judge Middlebrooks has not yet ruled on Klayman's request that the court seize Hillary Clinton's server.
"I am pleased that the Court has set this case for early jury trial," Klayman told the Examiner. "This is a matter of extreme national importance and before now, for decades, the Clintons have not had to answer to a jury for their alleged crimes. Now, justice will be done."
The January 20th trial date is dangerously close to the Iowa Caucuses (Feb. 1) and New Hampshire Primary (Feb. 9). But, despite the judge setting a date, normal procedure for Clinton's legal team (or most any other defendant's attorney) will be to try and get the suit dismissed and, barring a dismissal, find other ways to delay the trial.
But, one way or another, the Clintons will have to explain what happened with the emails and the Clinton Foundation's donors' relationship with the State Department - at least, that's what House Minority Leader Nancy Pelosi says:
IMO this will be dismissed for lack of standing, but nobody can predict the future, least of all me.
Discovery should be interesting.......................
Everyone involved must avoid small aircraft, and check under their cars every time before they get in.
Uh, the judge set a trial date. That is past the dismissal stage.
FWIW, here is the big danger for Hillary Clinton...
“Klayman also asked the judge to order a “neutral forensic expert ... to take custody and control of the private email server and reconstruct and preserve the official U.S. Government records relating to the conduct of U.S. foreign policy during Defendant Secretary Clinton’s term as Secretary of State.”
Judge Middlebrooks has not yet ruled on Klayman’s request that the court seize Hillary Clinton’s server.
If Middle brook rules in favor of Judicial Watch, Clinton will have to produce the original servers and hard drives with all emails. If she doesn’t, she will be held in contempt of court by a Federal Judge. If she can’t, she will be in direct violation of the Federal Records Act.
I would be really interested to know the statute of limitations for violations of the Federal Records Act.
“Judge Middlebrooks has not yet ruled on Klayman’s request that the court seize Hillary Clinton’s server. “
LOL! Anyone really believe that the original disks are in the server?
I thought that RICO was only used in criminal cases and that a civil case could only proceed after a conviction was obtained by local or federal prosecutors.
Get ready to start a body count. People will start to kill themselves and or disappear.
“I thought that RICO was only used in criminal cases and that a civil case could only proceed after a conviction was obtained by local or federal prosecutors.”
One of the problems with laws is that they get applied where they were never intended. I’m sure the government never thought that anybody would do this and therefore probably never put any wording in preventing it. I read in another article that this is a legitimate (if probably unintended) use of the statute.
Wonder if the recently deceased former White House chef was on the list of witnesses.
Drip...drip...drip...
Judge Donald Middlebrooks of the U.S. District Court for the Southern District of Florida scheduled a January 20th, 2016 trial date for the RICO lawsuit against Bill and Hillary Clinton and the Clinton Foundation
In other news today the suicide rate in the US is projected to experience a huge increase in 2015.
if this judge doesn’t know what’s good for him, the Clintons are sure to make him an offer he can’t refuse
ping
He was in private practice from 1973 to 1974 and served as General Counsel to Florida Governor Reubin Askew from 1974 to 1977. In 1997 he was appointed by President Bill Clinton to serve as a United States District Judge and was confirmed by the U.S. Senate.
(from wiki)
You think this lawsuit has legs, Doug?
Won’t he have to recuse himself?
So, how bad is contempt of court? The Secretary of the Interior Ken Salazar was charged with that, what happened to him? Nothing. Our Attorney General of the USA was charged with contempt of congress, what happened to him? same thing nothing. Some of the justice dept. lawyers were on the verge of being charged with that under Judge Hanan, who issued an injunction of BO’s memo amnesty, no big deal, who cares, everybody carry on. And HRC will shrug it off and continue to run for the POTUS and half of Americans will shrug it off and vote for her.
The memo amnesty, a judge stopped it, so Eric and Barack appealed, two more judges said no and they are contemplating on taking it to a higher court, even after the “constitutional scholar” BHO said 22 times he could not do what he did! It is getting very dangerous when the powers that be are not fazed with court punishments. Yet these same courts have all the power to overturn the votes of a major majority of voters, up to 41 million, when they voted only man woman marriage.
“I thought that RICO was only used in criminal cases and that a civil case could only proceed after a conviction was obtained by local or federal prosecutors.”
Apparently Klayman thinks criminal acts have/are taking place.
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