Former Secret Service agent Gary Byrne files RICO case against Clinton Foundation

https://dockets.justia.com ^ | June 15, 2018 | GARY JOHN BYRNE

[Beowulf9]

BYRNE v. CLINTON FOUNDATION et al Plaintiff: GARY JOHN BYRNE Defendant: CLINTON FOUNDATION, CLINTON-GIUSTRA ENTERPRISE PARTNERSHIP, MEDIA MATTERS FOR AMERICA, CORRECT THE RECORD, AMERICAN BRIDGE 21ST CENTURY, CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON, SHAREBLUE, DAVID BROCK, WILLIAM JEFFERSON CLINTON, HILLARY RODHAM CLINTON, GEORGE SOROS, JOHN PODESTA, JONATHAN WACKROW, JAN GILOOLY and CLINTON GLOBAL INITIATIVE

[GOP Poet]

bookmark

[arrogantsob]

A shotgun approach won’t get anywhere.

[Sedona13]

Success depends on who the judge is.

[BeauBo]

District Of Columbia District Court
Judge: Paul L Friedman

[BeauBo]

“Success depends on who the judge is.”
District Of Columbia District Court
Judge: Paul L Friedman
Appointed by Bill Clinton

[Sedona13]

Clinton appointee. Chances are zero to nil.

[Hoosier-Daddy]

Would you please shut your pie hole dread pirate Roberts.

[Hoosier-Daddy]

But the list is long

[MadMax, the Grinning Reaper]

If this is going to be a RICO case, it will need to show an organized conspiracy to commit criminal acts. Embezzlement, misappropriation of donations to a tax exempt foundation, mishandling of funds, accepting illegal donations, “quid quo pro” funding for political jobs or favors, etc.

All illegal acts and as a Secret Service agent, the plaintiff may know more than people think.

If the suit is rejected, he could go on TV and radio and lay out his argument. If he is sued, then he gets full DISCOVERY of his opponents history, finances, etc.

Could be very interesting, esp. if other ex federal agents join in. What they know might just be enough to send Hillary and Bill and Podesta, et al to jail.

[TWhiteBear]

Paul L Friedman was:
‘ He was an Assistant United States Attorney for the District of Columbia from 1970 to 1974. He was an Assistant United States Solicitor General from 1974 to 1976.’
https://en.wikipedia.org/wiki/Paul_L._Friedman
TWB

[Auntie Mame]

Here’s a link to the first document (the complaint?):
https://t.co/RWfkDEECGW

Here’s a list of the defendants:

THE CLINTON FOUNDATION a/k/a Bill, Hillary & Chelsea Clinton Foundation
THE CLINTON GLOBAL INITIATIVE
THE CLINTON GUISTRA ENTERPRISE PARTNERSHIP
MEDIA MATTERS FOR AMERICA
CORRECT THE RECORD
AMERICAN BRIDGE 21st CENTURY
CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (CREW)
SHAREBLUE
DAVID BROCK
WILLIAM JEFFERSON CLINTON
HILLARY RODHAM CLINTON
GEORGE SOROS
JOHN PODESTA
JONATHAN WACKROW
JAN GILOOLY
NUMEROUS UNKNOWN NAMED

This probably won’t go anywhere but it will make for some interesting reading. Kudos to Mr. Byrne.

[WASCWatch]

How about a link the the actual complaint?

[WASCWatch]

Very poorly drafted complaint.

Too many defendants named. Bill Clinton, Hillary Clinton, Chelsea Clinton and a few of their top officials in the organization, and the foundation itself would have been enough. Naming every possible defendant can overly complicate the case.

The complaint fails to properly allege a RICO violation.

A complaint is no place for editorializing.

The pleading completely ignores FRCP 8:

Rule 8 – General Rules of Pleading

(a) Claim for Relief. A pleading that states a claim for relief must contain:

(1) a short and plain statement of the grounds for the court’s jurisdiction, unless the court already has jurisdiction and the claim needs no new jurisdictional support;

(2) a short and plain statement of the claim showing that the pleader is entitled to relief; and

(3) a demand for the relief sought, which may include relief in the alternative or different types of relief.

This complaint is neither short nor plain.

Judge will kick it back to the attorney and order him to comply with the Rules.

[MHGinTN]

The oligarchy will not have to pull the dishonorable Roberts’ strings on this one. It will never be allowed to go that far while the man is alive. The harridan and her minions are serious evil.

[PAR35]

This complaint is neither short nor plain.

Notice pleading is pretty much dead (fortunately) in Federal court. If someone wants to post a link to this one, I'll look at it, but long, complex pleadings with huge attachments aren't unusual for major cases.

That being said, private civil RICO actions are an uphill fight.

[PAR35]

Took me a moment. Look at Twombly and Iqbal - the two cases that gutted Rule 8.

Ashcroft v. Iqbal, 556 U.S. 662 (2009)
Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007)

[WASCWatch]

https://i-uv.com/universalcleanup-rico-complaint-filed-against-clinton-foundation-118-cv-01422/

Skimmed over it. There were no attachments. It’s a jumbled disorganized mess. Zero factual support for alleged $1 billion+ and didn’t ask for trebled damages. No basis for requested relief or how he has been damaged.

The is absolutely no doubt in my mind that the Clinton is a RICO enterprise and the people running and controlling it are in violation of the federal RICO statute.

Same for the FBI, DOJ, and the office of President when Obama was President. There are also an assorted bunch of associates in fact RICO organizations within the DOJ and FBI.

[WASCWatch]

I wouldn’t say those two cases gutted Rule 8. they did say that the complaint must alleged specific facts to support the claim. Mere allegations are obviously not enough.

I could see a RICO complaint against the Clinton foundation being well over 100 pages given all the RICO predicate acts committed, but it needs to be much easier to comprehend than the nonsense this attorney filed.

[qaz123]

Or .... he ends up in Ft Marcy Park.

But, I’m hoping that he gets all that you list. In fact, these people will NEVER go to jail. They’ll die of a “stroke/embolism” before any of it gets that far. How they have the stroke, naturally or somebody sticks an empty needle in their neck to cause an air embolism, remains to be seen. But, it’ll be just as good to see them all exposed for who they really are and what they’ve really done.

Especially, with President Trump and his Jedi Master skills on Twitter. The Twitter folks will wish they’d never developed the damn thing by the time he’s done with them.

Yet, at the end of the day, they’ll still have their loyal supporters who could care less if clinton was on Epstein’s island, raping young girls, stealing millions from the Haitian people, embezzling millions, committing fraud on an epic scale. Or if Soros does his thing to try and change the world to his vision, destroying lives and countries in the process. All is good, as long as the Left and it’s radical liberal, socialist, progressive minions get dealt scraps once in a while.