Judge orders pro-Trump attorneys who brought frivolous election fraud case to pay more than $180,000 to defendants they sued

Washington (CNN) Two lawyers who went to court to claim voter fraud after the 2020 election must pay nearly $180,000 to the defendants they sued, a federal magistrate judge ordered Monday, saying their lawsuit aimed to “manipulate gullible members of the public and foment public unrest.”

The order from Magistrate Judge N. Reid Neureiter of the US District Court in Colorado adds to the federal judiciary’s condemnations of attempts by attorneys supporting then-President Donald Trump to use the courts to vet right-wing conspiracies in the days after the presidential election.
Attorneys Gary D. Fielder and Ernest John Walker will have to pay attorneys fees of $50,000 to Facebook (now Meta), about $63,000 to Dominion Voting Systems, about $63,000 to the non-profit Center for Tech and Civic Life, more than $6,000 to the state of Pennsylvania and nearly $5,000 to the state of Michigan.
“They need to take responsibility for their misconduct,” Neureiter wrote in his order, adding that the lawsuit defamed the defendants.
He continued: “I believe that rather than a legitimate use of the legal system to seek redress for redressable grievances, this lawsuit has been used to manipulate gullible members of the public and foment public unrest. To that extent, this lawsuit has been an abuse of the legal system and an interference with the machinery of government. For all these reasons, I feel that a significant sanctions award is merited.”
The lawsuit from late December 2020 was an attempt to create a class action challenge to the election on behalf of American voters, including eight named plaintiffs. Neureiter previously wrote a scathing 68-page opinion condemning the post-election lawsuit.
close dialog
The plaintiffs had no lawyers or experts that were able to support their claims of switched votes and government conspiracies, the judge noted, calling the lawsuit itself “one enormous conspiracy theory.”
Neureiter’s earlier ruling was the first major consequence in federal court to befall lawyers and litigants who pushed Trump’s attempt to undermine the 2020 election result in court. Other courts are still considering penalties for other lawyers involved in the failed pro-Trump lawsuits.
In August, a federal judge in Michigan sanctioned pro-Trump lawyers Sidney Powell and Lin Wood, as well as several other attorneys, ordering them to reimburse the attorneys’ fees that the city of Detroit and Michigan state officials paid in seeking the sanctions. The judge said the lawyers, who worked on Trump-aligned lawsuits seeking to challenge election results, had “engaged in litigation practices” that were “abusive and, in turn, sanctionable.”

Mike Pompeo: Secretary of Hypocrisy

If Pompeo has a sense of honor, he might consider resigning rather than fathering the catastrophe that may soon befall Afghanistan.

It isn’t hard to guess what Mike Pompeo, the hawkish congressman from Kansas, would say about the Afghan exit deal that Mike Pompeo, the secretary of state, is negotiating with the Taliban.

The details of the negotiations, which are being conducted in Qatar by U.S. envoy Zalmay Khalilzad and could be finalized by the end of the month, are a closely held secret. So close, in fact, that I’m told Pompeo won’t allow White House officials to review details of the agreement except in his presence.

But the basic outline is this: a complete withdrawal of America’s 14,000 troops from Afghanistan within 14 months — that is, by October 2020 — in exchange for a promise from the Taliban not to attack our forces on the way out, along with some kind of vague assurance from them that Afghanistan will not again become a base for global terrorism. A source familiar with the deal says there is no explicit requirement for the Taliban to renounce its ties to Al Qaeda.

Even those who want the U.S. to leave Afghanistan, come what may, should be dismayed to see an American strategic decision be so nakedly dictated by the electoral needs of a president who wants to take credit for ending “endless wars.” They should be no less dismayed by the idea that we are doing so in plain indifference to Afghanistan’s government, which wasn’t invited to the talks because the Taliban won’t deign to speak to what it considers a puppet government.

That “puppet” government is, for all of its well-known flaws, internationally recognized and democratically elected. It does not wantonly massacre its own people, or wage war on its neighbors, or sponsor terrorist groups that seek to wage war on the West. And it’s also all that will stand between the Taliban’s murderous misogyny and Afghanistan’s 18 million vulnerable women.

Then again, progressives have been pining for an Afghan exit for at least a decade, and Barack Obama set a timetable for full withdrawal (which he was later forced to reverse in the face of Taliban gains) in 2014. Foreign-policy hawks in the mold of Pompeo used to take a different view about the wisdom of U.S. retreat — at least before they became Donald Trump flunkies.

For starters, they had no patience for the lie that the Taliban was to Al Qaeda merely what a flea motel is to a fugitive on the lam. The Taliban lied to Clinton administration envoy Bill Richardson in 1998 by telling him they didn’t know of Osama bin Laden’s whereabouts when they were harboring him, and then refused to give him up after the 9/11 attacks.

They’d have even less patience for the convenient fantasy that the Afghan Taliban has, or ever will, part ways with its brothers in global jihad. The deputy leader of the Taliban is Sirajuddin Haqqani, who also leads the Haqqani Network that has been entwined with Al Qaeda since its earliest days.

“There is not a scintilla of evidence that the network is willing to break with Al Qaeda,” notes Thomas Joscelyn of the Foundation for Defense of Democracies. “Even if the Taliban were to renounce A.Q. and attacks on the West, which they have never done, you’d need a verification mechanism. But if you withdraw all Western troops, there is no verification.”

What about the case for ending a long war? That’s always desirable, and every death in war is a tragedy. But a hawk might also note that U.S. endured just 14 fatalities in Afghanistan in 2018, and that a U.S. service member is far more likely to die in a training accident than in combat. At some point, describing our current involvement in the country as a “war” stretches semantic credibility when compared to past U.S. conflicts.

Against the human (and budgetary) cost of our presence in Afghanistan, hawks would tally the cost of withdrawal. Even liberals like former Defense Secretary Leon Panetta criticized Obama for withdrawing too hastily from Iraq, thereby creating the power vacuum that ISIS quickly filled. It was a fiasco that ended only when Obama was forced to return U.S. troops to Iraq a few years later.

Why should a similar scenario not play out in Afghanistan? It’s true that ISIS and the Taliban are rivals, but any administration willing to entrust the Taliban with being a bulwark against global terrorism is even more gullible than the poor saps who paid money for a Trump University training program.

Hawks once understood this — just as they understood that America paid a steep price in strategic and moral credibility when it bugged out of its international commitments, squandered the sacrifices of American troops for the immediate political benefit of a sitting president, and betrayed the vulnerable populations we had endeavored to protect against a barbaric enemy.

Don’t just take it from me. “As a former Army officer, it is gravely concerning to see any president of the United States play politics with critical national security issues,” one conservative lawmaker said in 2011 of Obama’s initial decision to begin a drawdown of U.S. forces. “This decision puts both the lives of American troops and the gains made on the ground in Afghanistan at risk.”

That lawmaker was — who else? — Mike Pompeo. If the secretary has a sense of shame, he might consider apologizing to Obama for adopting the same policy he once so loudly denounced. If he has a sense of honor, he might consider resigning rather than fathering the catastrophe that may soon befall Afghanistan. I’m confident he’ll do neither.

The Russia Investigation Will Continue

there is still much to uncover—and America’s intelligence services will work to uncover it. For example, how did the Kremlin know where to aim its disinformation effort? How did it know which communities to target, in which counties and states? One can argue that the Russians had a better sense of where to deploy their resources than did the Clinton campaign. Why did Trump and those around him consistently parrot Russian talking points? Why was the campaign so intent on disregarding expert advice on Russian issues? The Mueller report notes that while investigators couldn’t prove a conspiracy, some people nonetheless displayed conspiratorial behavior (destroying communications, engaging in a cover-up, and obstructing the work of investigators). The FBI, which has the benefit of secret intelligence, is certainly aware that it has only scratched the surface of Russian activities in 2016. Cyberhacks, troll farms, and the use of WikiLeaks are hardly cutting-edge espionage tradecraft. The Russian efforts that have been revealed to date were poorly hidden and displayed little professional elegance. Counterintelligence agencies must find it hard to believe the cupboard is already bare.

In the CIA, where I worked for 28 years, we used the analogy of a traffic light. A field officer pursuing a potential source would press forward slowly, assessing the target’s reaction to increasingly provocative and conspiratorial requests. As long as we received a “green light” in response, we would push the relationship further in the direction of our goal. If we hit a “yellow light,” we would reassess and try a different tack. We would stop only when we hit a firm “red light.” From the Mueller report, we now know that those around Trump were consistently flashing green
.. A number of commentators have focused on the bumbling nature of those in and around the Trump campaign, concluding that their ignorance and naïveté militate against their ability to engage in a conspiracy. This is a misunderstanding of how the espionage game works. Intelligence services recruit plenty of gullible people. The responsibility for recruiting, training, exploiting, and protecting a clandestine operation lies on the side of the professional intelligence service: The spy service must translate the target’s potential willingness into a productive and secure relationship; the professional intelligence officer must slowly manipulate the relationship in an increasingly conspiratorial and secret direction, then help rationalize it for the target. The Cold War was littered with Kremlin spies the West failed to uncover in a timely manner because Western agents assumed they were too obvious, absurd, drunk, dim-witted, or low-level. Naive and ignorant people can get in too deep when manipulated by professionals.

.. Likewise, counterintelligence professionals know that criminal prosecution is rarely the best tool for neutralizing the enemy. Even when investigators and intelligence officers are confident they’ve uncovered a spy, it is not a given that the person will be prosecuted. Hundreds of Americans spied for the Soviet Union during World War II and the Cold War, and only a small handful were ever brought to trial. The government’s methods of uncovering spies and its need to protect its sources limit its ability to produce convictions.

To some, it may seem unfair that investigators would not drop their efforts even after Mueller concluded that he could not “establish that the Trump campaign coordinated with the Russian government in its election interference.” Trump clearly thinks he’s been vindicated; he spoke to Russian President Vladimir Putin on Friday and said on Twitter that they discussed the “Russia Hoax” in their “long and very good conversation.”

Nevertheless, counterintelligence professionals realize they don’t have the whole story and will continue to work behind the scenes, slowly uncovering the activity of hostile intelligence services. From experience, they understand that failure to prove Russian espionage does not mean it didn’t happen. While the notion of “innocent until proven guilty” is something Americans take as solemn truth, to the Russian intelligence services it is just another vulnerability worth exploiting.