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Birther attorney: Wrongful deaths in Benghazi

I was on the Google News site just now and saw that the parents of two persons killed in the 2012 attack on a US facility in Benghazi were bringing a defamation and wrongful death lawsuit against Hillary Clinton. I skimmed the story at the NBC News web site, and wrote a comment on the article, saying:

This lawsuit is a publicity stunt. Any competent lawyer would advise that the plaintiffs have no chance of showing a direct causal link between Hillary Clinton’s use of a private email server and the deaths in Benghazi. Without that link, plaintiffs have no standing, and the case will be dismissed.

I patted myself on the back for having learned about standing as part of my avocation of debunking birthers. But then I thought for a minute, and said to myself: “this sounds like Larry Klayman.” I went back to the article and read to the end. It was indeed Larry Klayman representing the parents.

The complaint itself uses misleading language to imply that Secretary Clinton’s email was compromised by foreign governments, and that information in emails obtained by those governments made its way into the hands of terrorists and that this somehow enabled the Benghazi attacks. In fact, the references in the complaint do not show any of this, including any support for the claim that Clinton’s email server was compromised in he first place.

The second count of the complaint is defamation. Klayman says Clinton called his clients liars; however, in all of the quotations in the complaint, Clinton never calls them liars, but only provides a different account of her meeting with them. The worst Clinton says is that they were “wrong.”

It’s a wholly frivolous, and likely politically motivated lawsuit and it is:

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37 Responses to Birther attorney: Wrongful deaths in Benghazi

  1. avatar
    justlw August 8, 2016 at 7:57 pm #

    More Klayman:

    BREAKING: Parents of Two Benghazi Victims File Lawsuit Against Hillary Clinton

    He manages to not refer to Clinton as a “Wicked Witch” or Obama as the “Muslim King” in the complaint.

  2. avatar
    Notorial Dissent August 8, 2016 at 8:03 pm #

    Having GIL on your side is almost as much cachet as having Orly in your corner, and speaks volumes.

    Actually, the bot running the LaRump rumors isn’t much different than his usual campaign tactics, as in if you can’t think of anything else come up with a nasty smear.

  3. avatar
    Rickey August 8, 2016 at 8:47 pm #

    Here is a link to the Complaint. I haven’t had a chance to read it yet.

    http://www.freedomwatchusa.org/pdf/160808-Final%20Complaint%20.pdf

    Does anybody know what the applicable Statute of Limitations is? The Statute of Limitations for a wrongful death action is three years in the District of Columbia and Benghazi occurred nearly four years ago.

  4. avatar
    Dr. Conspiracy August 8, 2016 at 9:22 pm #

    I’ve started reading the complaint. One thing it says is: “Defendant Clinton’s private e-mail server was, in fact, the subject of hacking from [Russia] Iran, China, South Korea, and Germany.” The footnote links to an article at Politico:

    http://www.politico.com/story/2015/10/hillary-clinton-email-server-hacked-china-south-korea-germany-214546

    That’s not what the article says. It says, rather that the server was the subject of hacking ATTEMPTS.

  5. avatar
    Thrifty August 8, 2016 at 10:13 pm #

    That’s an interesting way to tie Hillary Clinton’s two most notorious pieces of baggage together.

  6. avatar
    alg August 8, 2016 at 10:14 pm #

    “Doomed” is about the only way you can describe this sure fail lawsuit. No doubt Trump will talk about it as if it actually has legs.

  7. avatar
    Dr. Conspiracy August 8, 2016 at 10:37 pm #

    Klayman’s RICO lawsuit against the Clintons was dismissed last year:

    http://www.obamaconspiracy.org/wp-content/uploads/2015/06/Klayman-v-Clinton-dismissal-2015.pdf

  8. avatar
    Steve August 9, 2016 at 12:02 am #

    Thrifty:
    That’s an interesting way to tie Hillary Clinton’s two most notorious pieces of baggage together.

    They do tend to conflate the email issue and Benghazi. They seem to think that somewhere in the deleted emails is the evidence that the last eight investigations missed and the reason they couldn’t prove Clinton was responsible.
    I’ve asked people I know who don’t like Hillary how eight different investigations into Benghazi, especially the ones led by Republicans who wanted desperately to find something to hang on her, could all get it wrong.
    They usually say it’s because none of them had access to the emails or “Hillary lied.”
    But even if she did lie the investigation also looked at other evidence and talked to other people and if the evidence showed she was responsible for those deaths, they would have arrived at that conclusion whether she lied or not.

  9. avatar
    JD Reed August 9, 2016 at 12:57 am #

    Rickey:
    Here is a link to the Complaint. I haven’t had a chance to read it yet.
    Rickey, I found this site
    http://www.nolo.com/legal-encyclopedia/wrongful-death-lawsuits-the-district-columbia.html

    Which states the statute of limitations is 2 years.

  10. avatar
    Dave B. August 9, 2016 at 1:17 am #

    Klayman also says Hillary is a resident of DC. Is that true, or perhaps a bit…premature?

  11. avatar
    Dr. Conspiracy August 9, 2016 at 1:21 am #

    He gives a DC address for her in the complaint.

    Dave B.:
    Klayman also says Hillary is a resident of DC.Is that true, or perhaps a bit…premature?

  12. avatar
    Dr. Conspiracy August 9, 2016 at 1:21 am #

    In case anyone is interested, klaymanwatch.org is available.

  13. avatar
    Dave B. August 9, 2016 at 1:54 am #

    I saw that. It’s the big house they bought a few years back. But isn’t the Clinton’s primary residence in Chappaqua?

    Dr. Conspiracy:
    He gives a DC address for her in the complaint.

  14. avatar
    Rickey August 9, 2016 at 3:07 am #

    Dave B.:
    I saw that.It’s the big house they bought a few years back.But isn’t the Clinton’s primary residence in Chappaqua?

    The Clintons voted in the New York primary at a polling place in Chappaqua, so that is their legal residence.

  15. avatar
    JD Reed August 9, 2016 at 8:32 am #

    JD Reed:

    JD Reed:

    JD Reed:

    Rickey: The Clintons voted in the New York primary at a polling place in Chappaqua, so that is their legal residence.

    I also found this showing New York’s statute of limitations to be two years.

    http://www.nolo.com/legal-encyclopedia/wrongful-death-lawsuits-the-district-columbia.html

  16. avatar
    realist August 9, 2016 at 8:33 am #

    This suit, besides being nothing but a publicity stunt, has far more problems than just standing. There’s the statute of limitations and the pesky sovereign immunity problem among other things. Political BS.

  17. avatar
    Reality Check August 9, 2016 at 8:46 am #

    I was going to post similar comments about the many issues with this lawsuit. Let’s say to call it garbage is very demeaning to perfectly normal garbage.

    Klayman should be heavily sanctioned. Hopefully this judge has the guts to do what’s right.

    realist:
    This suit, besides being nothing but a publicity stunt, has far more problems than just standing. There’s the statute of limitations and the pesky sovereign immunity problem among other things. Political BS.

  18. avatar
    JD Reed August 9, 2016 at 9:17 am #

    Reality Check:
    I was going to post similar comments about the many issues with this lawsuit. Let’s say to call it garbage is very demeaning to perfectly normal garbage.

    Klayman should be heavily sanctioned. Hopefully this judge has the guts to do what’s right.

    Reality Check:
    I wahttp://www.nolo.com/legal-encyclopedia/wrongful-death-lawsuits-new-york.htmls going to post similar comments about the many issues with this lawsuit. Let’s say to call it garbage is very demeaning to perfectly normal garbage.

    Klayman should be heavily sanctioned. Hopefully this judge has the guts to do what’s right.

    Hear, hear!
    Btw, New. York’s statute of limitations is also two years, according to this site.

    http://www.nolo.com/legal-encyclopedia/wrongful-death-lawsuits-new-york.html

  19. avatar
    JD Reed August 9, 2016 at 3:38 pm #

    I’m mystified as to why Klayman would file his lawsuit in DC, with its overwhelming majority of Democrats. My best guess is this is evidence that this was filed for political effect, hoping to convince LIFs — low information voters — that there’s something there that in reality is not there.

  20. avatar
    scott e August 9, 2016 at 4:00 pm #

    i hope they get even.

  21. avatar
    J.D. Sue August 9, 2016 at 5:19 pm #

    “The complaint itself uses misleading language to imply that Secretary Clinton’s email was compromised by foreign governments, and that information in emails obtained by those governments made its way into the hands of terrorists and that this somehow enabled the Benghazi attacks. In fact, the references in the complaint do not show any of this, including any support for the claim that Clinton’s email server was compromised in he first place.”

    —–

    And so Trump says last night: “Many people are saying that the Iranians killed the scientist who helped the U.S. because of Hillary Clinton’s hacked emails.”

  22. avatar
    Scientist August 9, 2016 at 5:19 pm #

    scott e:
    i hope they get even.

    Why don’t they sue the people who actually killed their sons? That would be a suit that had merit, instead of a political stunt.

  23. avatar
    Northland10 August 9, 2016 at 6:11 pm #

    JD Reed:
    I’m mystified as to why Klayman would file his lawsuit in DC, with its overwhelming majority of Democrats. My best guess is this is evidence that this was filed for political effect, hoping to convince LIFs — low information voters — that there’s something there that in reality is not there.

    He is only admitted in Florida and DC and he is basically not allowed to practice in some New York courts due to his past behavior. His attempts at PHV status in other jurisdictions have been less the fruitful.

    He often has tried to use Florida but this case would likely be transferred rather quickly.

  24. avatar
    Notorial Dissent August 9, 2016 at 7:21 pm #

    The thing is, GIL NEVER lets little things like facts get in the way of one of his forays into legal limbo. I have to admit I can’t imagine why he filed in DC since his track record there is SO abysmal and he is so very loved by much of the bench there, maybe he’ll get one of his favoritest judges again. I think the only real question here is just exactly what reason or reasons will the court find to bounce this on down the pike, considering that there is a whole boatload of them to choose from, I’m putting personal jurisdiction on the top of the list though.

  25. avatar
    bob August 9, 2016 at 7:25 pm #

    As with most everything Klayman does, the suit was filed to garner publicity, not be legally meritorious.

    It will be dismissed (“doomed”). Clinton will likely just move to dismiss, and put the case behind her. She could seek sanctions, or file an anti-SLAPP motion. But the D.C. Circuit earlier this year — in another Klayman case — ruled that if the trial court lacks jurisdiction, it should dismiss on that basis alone. In other words, if there’s no jurisdiction to hear the case, there’s also no jurisdiction to award anti-SLAPP fees.

  26. avatar
    Yoda August 9, 2016 at 9:53 pm #

    Rickey:
    Here is a link to the Complaint. I haven’t had a chance to read it yet.

    http://www.freedomwatchusa.org/pdf/160808-Final%20Complaint%20.pdf

    Does anybody know what the applicable Statute of Limitations is? The Statute of Limitations for a wrongful death action is three years in the District of Columbia and Benghazi occurred nearly four years ago.

    There is something called the discovery rule. If applicable, the statute of limitations does not begin to run until the negligence is discovered or could have been discovered with a reasonable investigation.

  27. avatar
    Dr. Conspiracy August 9, 2016 at 10:51 pm #

    Negligence leading to the deaths in Benghazi has yet to be discovered.

    Yoda: There is something called the discovery rule. If applicable, the statute of limitations does not begin to run until the negligence is discovered or could have been discovered with a reasonable investigation.

  28. avatar
    Yoda August 9, 2016 at 11:10 pm #

    Dr. Conspiracy:
    Negligence leading to the deaths in Benghazi has yet to be discovered.

    I didn’t mean to imply that it was. I was only explaining how a statute of limitations could be extended.

  29. avatar
    Rickey August 9, 2016 at 11:24 pm #

    JD Reed:
    I’m mystified as to why Klayman would file his lawsuit in DC, with its overwhelming majority of Democrats. My best guess is this is evidence that this was filed for political effect, hoping to convince LIFs — low information voters — that there’s something there that in reality is not there.

    There are plenty of ignoramuses who are ready to believe this crap.

    The latest one going to rounds is in regard to a lawsuit filed by disaffected Sanders supporters against the DNC. They are claiming that Clinton won the nomination through fraud committed by the DNC. They are now spreading a claim that Clinton arranged for the murder of a man named Shawn Lucas, misidentified by conspiracy theorists as “the lead attorney and investigator in the case.”

    Except that Shawn Lucas is neither an attorney nor an investigator. He was a process server who served the Complaint (improperly, as it turns out) upon the DNC on July 1. A week ago he was found dead.

    Why Clinton or the DNC would think it advantageous to knock off a process server is not explained. And he wasn’t even the only process server – he was accompanied by a co-worker who is still very much alive.

  30. avatar
    Rickey August 9, 2016 at 11:35 pm #

    Yoda: There is something called the discovery rule. If applicable, the statute of limitations does not begin to run until the negligence is discovered or could have been discovered with a reasonable investigation.

    I’m doubtful that the discovery rule would apply because Clinton was being blamed almost from the get-go. The discovery rule doesn’t mean that you can wait until you have developed multiple theories of negligence.

  31. avatar
    RanTalbott August 10, 2016 at 6:28 am #

    Rickey: he was accompanied by a co-worker who is still very much alive.

    Well, that just proves it was a conspiracy: they left him alive to throw people off the scent.

    Scientist: That would be a suit that had merit, instead of a political stunt.

    I believe you answered your own question there.

  32. avatar
    Rickey August 10, 2016 at 2:07 pm #

    RanTalbott: Well, that just proves it was a conspiracy: they left him alive to throw people off the scent.

    I can see where that theory would appeal to the mind of a Trump supporter!

    The process servers were incompetent. They went to DNC headquarters on Friday afternoon, July 1, when only low-level staffers were still in the office, and handed the Complaint to a woman who wasn’t authorized to accept it. And they failed to personally serve Debbie Wasserman Schultz, a named defendant.

  33. avatar
    JD Reed August 10, 2016 at 3:22 pm #

    For the analysis of a Fox Journalist who is also a lawyer (and no fan of Hillary’s), see the link below. Essentially, Mr. Jarrett agrees with Doc that the lawsuit is doomed.

    http://www.foxnews.com/opinion/2016/08/09/families-lawsuit-against-clinton-over-benghazi-doesnt-hold-up.html

  34. avatar
    bob August 12, 2016 at 12:40 pm #

    Klayman’s favorite judge, Lamberth, was assigned to the case.

  35. avatar
    J.D. Sue August 12, 2016 at 12:49 pm #

    bob: Klayman’s favorite judge, Lamberth, was assigned to the case.

    —-

    I wonder how Judge Lamberth feels about having his name involved in Arpaio’s contempt proceedings.

  36. avatar
    bob August 12, 2016 at 4:38 pm #

    J.D. Sue:
    I wonder how Judge Lamberth feels about having his name involved in Arpaio’s contempt proceedings.

    Likely thankful for lifetime appointment.

  37. avatar
    J.D. Sue August 13, 2016 at 9:57 am #

    bob: Likely thankful for lifetime appointment.

    ——

    Hmm. And likely thankful that no legitimate opposing counsel would write the type of nasty recusal motion that Klayman writes.