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The impending ritual sacrifice of Police Officer Derek Chauvin in Minneapolis, and the Regime Media’s increasingly absurd determination to sustain the January 6 Capitol “Insurrection” Hoax Narrative, were both presaged by the reaction to the 2017 Charlottesville VA Unite The Right Rally, of which I was the permit holder. Unfortunately, we had no U.S. Senators defending us, although the situations had many parallels, and although President Trump famously said there were “very fine people on both sides.”” But litigation, both offensive and defensive, rages on. Here’s an update.

The story so far: On August 12, 2017, Charlottesville’s government agents allowed Antifa and Black Lives Matter terrorists to attack Unite The Right protestors who had gathered in the college town, with legal permission, to oppose the removal of Robert E. Lee’s statue. I needn’t reprise all the ugly details with which VDARE.com readers are familiar; this compelling footage shows what we faced (here, here, here, and here).

Two very different law suits have ensued:

  • Sines V. Kessler, a relentless lawfare campaign by Leftist activists against me and a very variegated range of other individuals that they claim were associated with the UTR rally;
  • My own litigation against the city of Charlottesville, Kessler vs., Charlottesville, seeking not only to defend the First Amendment but also to hold the city responsible for its actions.

Sines V. Kessler, et al—Scorched Earth Lawfare

Financial power is at the heart of the inequality in the American civil litigation system. A Leftist outfit called Integrity First for America is exploiting that inequality in Sines v Kessler. Elizabeth Sines, then a University of Virginia Law school student, and others sued me and others, as the New York Times put it fawningly, because “a conspiracy deprived them of their civil rights” [Charlottesville Lawsuit Puts Rising Intolerance on Trial, by Neil MacFarquhar, October 28, 2019].

Of course, my fellow defendants and I are the only parties losing our civil rights, and here’s why: The radical Left is limitlessly bankrolling IFA to crush us in court.

Founded by wealthy Leftist activists and hedge fund managers, its lawyers include Roberta Kaplan, an identity-obsessed narcissist who scarcely utters a sentence without reminding you she is a Jewish lesbian. [Jewish lawyer wants to break the back of the violent white nationalist movement |Roberta Kaplan seeks to deprive supremacist groups of free speech protections by proving incitement to violence, and deter them with massive financial penalties in a civil suit, by Ron Kampeas, TimesOfIsrael.com, July 4, 2019].

Other law firms working with Integrity First include Boies, Schiller Flexner, a Democrat-connected law firm known for representing Al Gore in the 2000 Bush v. Gore case, as well as the NFL, the New York Times and Harvey Weinstein [Weinstein Work Pulls Lawyer Back Into an Ethical Debate, by Matthew Goldstein and Adam Liptak, The New York Times, November 7, 2017]. Principal David Boies was also involved in litigation related to deceased Wall Street financier and sex fiend Jeffrey Epstein [Jeffrey Epstein, Blackmail and a Lucrative ‘Hot List’, by Dealbook, The New York Times, December 2, 2019].

In nearly four years, IFA haven’t proven a single thing except that they can mug and beat down defendants who can’t afford attorneys.

Unlike those accused of crimes, defendants in civil cases are not constitutionally entitled to an attorney. So IFA has exploited this to destroy penniless, inexperienced defendants like Elliot Kline (aka “Eli Mosely”), Matthew Heimbach, and an imaginary umbrella organization “Nationalist Front” [Federal judge issues thousands of dollars in penalties for Unite the Right rally participants, by Amanda Williams, NBC29 , May 26, 2020].

Full disclosure: Kline conspired with then-Alt Right superstar (now born-again Biden supporter) Richard Spencer to seize control of Unite the Right rally from me.

But, more importantly, IFA secured a rare adverse inferences sanction against Kline. Because Kline has not cooperated with discovery requests, Federal Judge Norman K. Moon, 85, a Clinton appointee, will instruct the trial jury to conclude that, if he had provided discovery material, it would have proved he was party of a violent, racist conspiracy [Federal judge again sanctions rally organizer, by Tyler Hammel, Daily Progress, December 5, 2020] .

That isn’t just a problem for Kline. Kaplan intends to use Kline’s noncompliance to show that other defendants conspired with him, despite their faithful compliance with burdensome discovery demands.

As for the “Nationalist Front,” IFA attorneys have filed for a default judgement against the “group.” That again would mean finding in IFA’s favor before trial because the “Nationalist Front” failed to challenge the allegations.

Problem is, this “Nationalist Front” has no attorneys because it doesn’t exist. It was, supposedly, an informal alliance between real groups like the Traditionalist Workers Party, League of the South and Vanguard America, who are also parties to the lawsuit individually. But it has no legal presence and no formal leadership.

Nevertheless, as with Kline, IFA wants Judge Moon to rule that this “Nationalist Front” was part of a violent racial conspiracy—the crux of their case, based on undefended technicalities.

And on March 22, the court granted similar adverse inferences against Robert Ray (aka Azzmador) and the group Vanguard America[Arrest warrant issued for neo-Nazi podcaster in Charlottesville rally lawsuit, by Michael Kunzelman, AP, September 14, 2020].

But imaginary torts and conspiracies are only one part of the lawfare campaign. Someone is paying for it.

IFA has raised tens of millions of dollars from billionaires like Reid Hoffman of LinkedIn. Craig Newmark of Craigslist and actress Natalie Portman also support the lawfare outfit.

In contrast, many of their opponents can’t afford attorneys, and those who do can’t afford researchers, expert witnesses, and evidence collection software to defend themselves on the same footing.

Another example: the dirty pool that IFA attorneys have played against another indigent defendant, Christopher Cantwell.

Recent filings indicate that Cantwell simply hasn’t received important documents from the plaintiffs, who claim to want to depose him, because he’s in federal prison for an unrelated crime [ ‘Crying Nazi’ Christopher Cantwell Sentenced To 41 Months For Extortion, by Joe Walsh, Forbes, February 21, 2021].

In fact, the plaintiffs have now admitted “confusion” in getting their communications to Cantwell.

And they generously added that they “will also make efforts to ensure that Cantwell is provided with any documents or filings that he has not received while in prison as soon as possible under the circumstances.”

Right.

What’s more, they only want to appear magnanimous because Cantwell filed a hand-written pro se legal document calling them out on it.

In words, they’re trying to cover their tracks and look reasonable.

Another example of the plaintiffs’ unscrupulous tactics: their latest attack on James Fields, already in prison for life plus 419 years (!) after being convicted of the murder of Leftist Heather Heyer.

Regardless of Fields’ guilt or innocence, no-one has adduced evidence that Fields actually conspired with UTR’s permitted organizers to drive his car into a crowd of people. Indeed, no-one adduced evidence that he ever communicated with organizers at all.

That has been the consistent testimony of Steve Young, the Charlottesville Police Department officer in charge of investigating the Fields homicide case.

Young has even acknowledged under oath that FBI agents searched the electronic devices in Fields’ Ohio home. Again, they found nothing [Deposition of Detective Steven Young, July 15, 2020]

That should have put to rest the plaintiffs’ disinformation and conspiracy theories. But they maintain they can “prove” their case using technicalities like those described above.

Attorneys for Fields have filed documents that say his declining mental health makes him incompetent to testify. Thus they have asked for a mental health evaluation of their client.

The plaintiffs’ response: Fields is merely “refusing to testify.” They want to get the Judge Moon to levy sanctions like those on Kline.

UNDER APPEAL: The Right to Speak without Fear of Violent Reprisal

As the permit holder for the Unite the Right rally, I sued the Charlottesville government, including its police, for allowing Antifa and Black Lives Matter to attack the event in order to provide an excuse to provide a pretext to curtail free speech and declare an unlawful assembly. Police chief Al Thomas actually told his force “Let them fight. It will make it easier to declare an unlawful assembly”—while bunkered in a Unified Command Center with City Manager Maurice Jones and FBI agents [Source: Charlottesville Independent Review, (“The Heaphy Report”), pgs. 109 and 133].

Significantly, after the Heaphy Report was released, Thomas resigned [Charlottesville police chief retiring ‘effective immediately’, by Nicole Darrah, Fox News, December 18, 2017].

Courts have routinely rejected this blatantly anti-American form of intimidation, known as the Heckler’s Veto. [Heckler’s Veto Case Law As A Resource For Democratic Discourse, Cheryl A. Leanza, Hofstra Law Review, January 2007]

But in February 2020 Judge Moon dismissed our complaint and denied the existence of the Heckler’s Veto—a novel, shocking ruling that seemed tailored to deny our rights.

Later, we discovered that Moon’s court was staffed with Leftist activists and friends of the plaintiffs. Two of those law clerks had worked on the dismissal ruling. They were removed from the case.

On March 4, I filed an appeal with the United States Court of Appeals for the Fourth Circuit in Richmond.

For the first time, a panel of judges from outside of Charlottesville will rule on my case.

The First Amendment is at stake, which is troubling enough. But worse still, few Americans know what’s happening to their cherished right to peaceably assemble and speak their piece.

Unhappily for the Conservative Establishment, which is too terrified to defend us, it too has a stake in this case.

Imagine a future in which police are not obliged to protect speakers from the threat of violence by groups like BLM and Antifa. An unfavorable ruling in my case could end the few protections left for even those such as Ben Shapiro, Jordan Peterson, Dana Perino, or any other tepid conservative whom the Left wants to silence. (Hint: all of them).

If we lose this one, it will be Open Season on everyone. Democrat-controlled cities will have free rein to order police stand-downs at events where conservatives and patriots speak. Only the wealthy who can afford private security will be able to exercise their First Amendment rights.

Then again, who’s to say that BLM-Antifa enforcers won’t attack private security—and get away with it, the way they got away with attacking us in Charlottesville?

The housebroken Right had better wake up. It won’t just be VDARE.com and American Renaissance that can’t hold conferences.

Indeed, protestors threatening violence might very well shut down Conservatism Inc.’s premier event, CPAC. That’s exactly what those paranoid allegations about a Nazi-rune-shaped stage were designed to set up.

Losing this one could toll the bell for the First Amendment.

Will Charlottesville Be Held Responsible for Destroying Key Evidence of Police Stand Down?

Yet the right to free speech isn’t all we have to worry about. That is why I filed a second pro se lawsuit to hold Charlottesville accountable for destroying key evidence related to the police stand-down.

The Heaphy Report accused former Police Chief Al Thomas and Charlottesville Police Department command staff of destroying text messages they sent regarding the rally.

This document destruction not only violated the Virginia Public Records Act but also, presumably, is a Class 1 misdemeanor that would bar public officials from government service.

And Al Thomas wasn’t the only one. His boss, the head of the Charlottesville government former City Manager Maurice Jones, wiped his phone, presumably containing communications with the former police chief, before leaving office under a cloud of controversy [‘Leaked’ Memo from Charlottesville Mayor Blames City Manager, by Michael Patrick Leahy, Breitbart News, August 26, 2017]

This means these officials tried to memory-hole text messages in which the heads of the Charlottesville government discussed the police response at the Unite the Right rally on August 12.

Unfortunately for them, I discovered that former mayor Mike Signer detailed these heated exchanges with Thomas and Jones via text messages in his book, Cry Havoc: Democracy Under Siege. So we know they existed, although the city had denied it in my FIOA case.

Why these text messages between the two men and other city leadership were illegally destroyed remains a mystery.

Incredibly, instead of denying that it violated the law, Charlottesville argued that the case should be thrown out because, technically, only the Library of Virginia has standing to sue over illegally destroyed records.

Of course, if this were true, private citizens have no means to ensure that public officials faithfully uphold the law. Corrupt governments could simply destroy public records; government would police its own misconduct [The public interest again appears at risk, Editorial Staff, Daily Progress, February 2, 2021]

Unsurprisingly, Virginia State prosecutors have filed no criminal charges against either Jones or Thomas. Further, the Library of Virginia has never conducted an audit of a locality for failing to uphold the Public Records Act.

To contest this outrageous misinterpretation of the law, we hired one of the foremost Freedom of Information Act attorneys in Virginia, Andrew Bodoh, author of The Virginian’s Guide to FOIA.

His argument is simple: Citizens have a right to request public documents under FOIA. They can’t exercise this right if officials illegally destroy those records. Thus, Virginians enjoy an implied right to enforce the law.

Presiding Judge Richard Moore could have a ruling in the case later this month.

Footnote: Charlottesville can remove Confederate statues, Virginia Supreme Court rules AP, April 1, 2021

I tweeted

Have a question or comment? Want to donate to my Charlottesville legal fund? Find all the ways to reach me here.

Jason Kessler [Email him |Tweet him] is a freelance journalist and activist who has written for VDARE.com, Daily Caller and GotNews as well as his own site JasonKessler.us.

(Republished from VDare by permission of author or representative)
 
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  1. Jason Kessler is unfortunately caught up amidst what seem to be as corrupt a group of judges as are found in the entire developed world, shot through with corruption at the Appeals level as well as the District federal judge level.

    The document that blew up the impeachment forays of Robert Mueller against Donald Trump, covers in particular the corruption of Judge Norman Moon, whom Kessler mentions several times above. Mueller is accused of himself receiving a huge post-office-holding bribe payment, for indulging the bribery of Judge Moon when Mueller was FBI director.

    Judge Norman Moon apparently sent a string of harassing e-mails to the capital of the European Union, Brussels, when Moon joined a scheme threatening murder of a witness to crimes by another Virginia federal judge, Judge Robert Payne. Moon staged a hilariously fake in absentia US ‘legal proceeding’ against a dual USA-EU citizen, who had escaped to Europe after initial extortion by a crime gang of lawyers involving Judge Payne.

    Moon issued ‘orders to Google’ to hide his own misconduct. Moon’s use of Google to help defame and threaten to murder EU citizens, has been a significant subject at the European Commission, part of the background of the billions of euros in fines imposed on Google by the EU.

    This DOJ filing on Mueller and Moon, was being read by Attorney General Bill Barr as he was appointed, the report so damning that Barr immediately ordered a wind-down of Mueller activities. Its 28 pages paint an ugly picture of USA Virginia federal judges encouraged to become involved in bribery by DOJ, so judges become blackmailed DOJ assets, with ‘no f-cking appeal’, the whole arrangement celebrated by USA law firms who boast of ‘Bribed American judges, motherf-cker!’

    This material has been used to block USA extradition requests, including most recently the stalling of the extradition of Julian Assange, the DOJ file here:
    http://supremelaw.org/authors/sachs/DOJ.IG.memo.Mueller.bribery.extortion.pdf
    or
    https://www.docdroid.net/eVAAjIq/doj-ig-memo-mueller-bribery-extortion.pdf

  2. I commend Mr Kessler for vigorously defending himself from the vindictive Lawfare funded by mainly Jewish sources. However, Charlottesville looks more and more like a trap that the Alt Right blindly walked into. Also, some of the Alt Right’s leaders were certainly Deep State agents: this may include Richard Spencer himself.

    More astute leadership should have located the protest in a place much more favourable to their views re Confederate statues than is Charlottesville. Against unscrupulous opponents, you’ve got to box clever.

    • Agree: Richard B
    • Replies: @Richard B
  3. Richard B says:
    @Verymuchalive

    Against unscrupulous opponents, you’ve got to box clever.

    Or perhaps not at all.

    Individuals like Kessler and the doomed alt-Right and, indeed, anyone defending the traditional American nation and its host population against the obvious and unapologetic aggreession of the Hostile Elite and their cabal of Useful Idiots and Paid Proxies, reminds me somewhat of the sad fate of Thomas of Munster (1489-1525).

    Luther’s unique achievement wasn’t religious, it was political. He was able to create for himself a secular support so powerful that he, and subsequently his religion, even though branded a heretic by The Church, was able to resist its secular arm, and survive.

    And not only survive, but eventually replace the very Church that could have ruined him. And now we’re back to poor Thomas of Munster and why he comes to mind when thinking of the Right in general and the alt-Right in particular.

    Because Munster’s support was miniscule in comparison to Luther. So, Munster was easily overwhelmed, crushed and destroyed.

    Charlottesville looks more and more like a trap that the Alt Right blindly walked into. Also, some of the Alt Right’s leaders were certainly Deep State agents: this may include Richard Spencer himself.

    Couldn’t agree more.

    I’m not Right or Left. I see both as two sides of the same 18th century Enlightenment coin that has long since outlived its usefulness and no longer has any currency, so to speak. The fact that millions are still clinging to them doesn’t speak to their staying power, but to the clingers desperation.

    After all, the Left isn’t confident, it’s hysterical. Whereas the Right at this point is suffering more and more from what we might as well call Battered White Syndrome.

    The point is, it’s always a mistake to underestimate your enemy while overestimating yourself. And that is the mistake many of those on Right made in C’ville and not just in C’ville. It’s pretty obvious at this point that they’ll never get the chance to make that mistake again. And, who knows, maybe that’s a blessing in disguise.

    Either way, The USA as we once knew it, is over. That might be regrettable, I certainly think so, but it’s idle to complain about it. Especially since those fighting for the traditional American nation and its host population have yet to produce a Luther and from the looks of things aren’t likely to, certainly not in the near future.

    • Replies: @Verymuchalive
  4. If alt right were the targets then What the fuck happened at UVA the night before? It was terrorism. Buncha dumbass, smooth brained human suits wasting too much oxygen with this complete bullshit. Jason is a dick…& a baffoon. Fits right in.

    • Troll: follyofwar
    • Replies: @Verymuchalive
  5. I have no idea if the constantly preening Richard Spencer is an FBI plant or not. But if he is, he sure is a dumb one. By coming out in support of Biden and the democrats, who reject everything Spencer used to stand for, how could he not destroy any credibility he had left in the Alt-Right?

    Before he was purged from YouTube, Spencer ran a panel podcast called the McSpencer Group, in which he always dominated the conversation. In his mind, always the smartest man in the room. I wondered when in hell the bastard would ever shut up, and let the two other panelists talk. Other than his reputation as a racist Nazi, (a ridiculous accusation), there was no reason for YouTube to ban him. His comments were milquetoast in favor of democrat policies. He was a Bernie Bro. By supporting Biden and the democrats, he is a race traitor.

    Getting back to Derek Chauvin’s rigged trial, I thought it was a spectacle I would never see. My feeling was that he would be Epsteined before the trial commenced. Failing that, he could have been slipped a cyanide capsule and committed suicide like Herman Goering. Surely Chauvin is aware of the kangaroo court which sentenced sad sack James Fields to life plus 419 years. I would have taken the cyanide.

  6. @Richard B

    Agreed: if you’re not a boxer, don’t box.

    America will cease to exist shortly, some time after the inevitable economic collapse. Indeed, rather ironically, some Russian academics have been predicted the partition of America for the best part of 20 years. I say “ironically” because the the Neocons and Neolibs who control America have attempted and failed to reduce Russia to the rump state they wanted to.
    It seems the Russians will have the last laugh.

    • Replies: @Richard B
  7. @This is bullshit

    Yes, you are bullshit.
    So shut up and go away.

  8. Richard B says:
    @Verymuchalive

    It seems the Russians will have the last laugh.

    You’re probably right. We’ll find out soon enough.

    Agreed: if you’re not a boxer, don’t box.

    Actually, my point was that even if you can box well you shouldn’t if, for whatever reason, you’re not prepared for a particular fight. Because, if you fight anyway, it’s not brave, it’s foolhardy.

    • Agree: Verymuchalive
  9. The Charlottesville UTR protest should have been a resounding success, if the police had done their jobs.

    The long view of history is that Charlottesville exposed rot and corruption from the municipal level up to the Federal. It exposed the media as worthless whores, the judiciary as puppets, and introduced antifa/BLM as allies and servants of the establishment. The tech companies dropped their masks and revealed themselves as an arm of an unelected permanent government. It inspired one of Trump’s most memorable quotes, and was referenced by Biden as an ideological touchstone.

    As time goes by, the shadow of Charlottesville grows. It was an early skirmish in a much bigger war.

  10. Kessler is up against “IT’. He is fighting big money, and primarily for our constitutional right to speak freely, and the right to self-defense. It seems to me we are in the 3rd quarter of a tyranny which started decades ago, and it never ends well for the loser. For anyone with eyes to see and ears that hear this Kessler’s defense is not only his problem, but a problem, for every decent American. We only have to look at the innocent Americans who are now behind bars, and facing multiple years in prison, for believing that on January 6, 2021 America a free democracy. If Jason Kessler/We lose this court battle, it will not be too much longer before those in power come for you. The communists want blood. Specifically your blood, the blood of every White Christian. I tell you, it’s biblical.

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