Trump lashes out at Gov. Doug Ducey following certification

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Complaint for wide-ranging sexual assault and harassment, wage theft, and other misconduct against Rudolph W. Giuliani
Noelle Dunphy vs. Rudolph W. Giuliani
Index No.: 650033/2023
by Justin T. Kelton
May 15, 2023

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK

NOELLE DUNPHY,
Plaintiff,
-against-
RUDOLPH W. GIULIANI, GIULIANI PARTNERS, LLC, GIULIANI GROUP, LLC, GIULIANI SECURITY & SAFETY, LLC, JOHN and/or JANE DOES 1-10,
Defendants.



Index No.: 650033/2023

VERIFIED COMPLAINT

Plaintiff Noelle Dunphy (“Ms. Dunphy”), by and through her undersigned attorneys, Abrams Fensterman, LLP, brings this Verified Complaint against Defendants Rudolph W. Giuliani (“Giuliani”), Giuliani Partners, LLC (“GP”), Giuliani Group, LLC (“GG”), Giuliani Security & Safety, LLC (“GSS”) (collectively, the “Giuliani Companies”), and John and/or Jane Does 1-10, and alleges as follows upon knowledge as to herself and her own actions, and otherwise upon information and belief:

INTRODUCTION

1. This lawsuit arises from unlawful abuses of power, wide-ranging sexual assault and harassment, wage theft, and other misconduct by Rudolph W. Giuliani and his Companies.

2. When Giuliani hired Ms. Dunphy in January 2019, he was at the height of his influence, serving as the personal lawyer for then-President Donald Trump. He had fashioned himself publicly as a major player in American politics, a successful businessman, and an important powerbroker who wielded enormous control over others.

3. Giuliani worked aggressively to hire Ms. Dunphy, offering her what seemed like a once-in-a-lifetime opportunity to work as his Director of Business Development with a salary of $1 million per year plus expenses. As an added inducement, Giuliani also offered to provide pro bono legal representation to Ms. Dunphy in connection with an ongoing dispute arising from an abusive ex-partner. To Ms. Dunphy, the chance to work for an influential politician once dubbed “America’s Mayor,” combined with the prospect of free legal representation by a former United States Attorney for the Southern District of New York, was a rare opportunity that was simply too good to pass up.

4. But Giuliani’s offer came with a significant catch: Giuliani was in the midst of an acrimonious divorce, and he told Ms. Dunphy that her pay would have to be deferred and her employment kept “secret” until the divorce proceedings finished. He claimed that his “crazy” exwife and her lawyers were watching his cashflow, and that his ex-wife would “attack” and “retaliate” against any female employee that Giuliani hired. Giuliani promised Ms. Dunphy that his divorce would be resolved “any day now,” and therefore the deferral of her pay and the need to keep her employment secret would soon end. Ms. Dunphy reluctantly agreed to defer her pay and not to publicize her employment because she viewed the job, the salary, and the free legal representation as being worth the wait.

5. Unfortunately, Giuliani’s seemingly generous offers were a sham motivated by his secret desire to pursue a sexual relationship with Ms. Dunphy—in total disregard for the restraints that should have protected her as his employee and client. As Giuliani later admitted in a recorded statement, he “wanted [Ms. Dunphy] from the day [he] interviewed [her].”

6. Giuliani began abusing Ms. Dunphy almost immediately after she started working for the Defendants. He made clear that satisfying his sexual demands—which came virtually anytime, anywhere—was an absolute requirement of her employment and of his legal representation. Giuliani began requiring Ms. Dunphy to work at his home and out of hotel rooms, so that she would be at his beck and call. He drank morning, noon, and night, and was frequently intoxicated, and therefore his behavior was always unpredictable.

7. Giuliani also took Viagra constantly. While working with Ms. Dunphy, Giuliani would look to Ms. Dunphy, point to his erect penis, and tell her that he could not do any work until “you take care of this.” Thus, Ms. Dunphy worked under the constant threat that Giuliani might demand sex from her at any moment. Even when the Covid-19 pandemic halted Giuliani’s ability to physically assault her, he demanded that she disrobe during their work-related videoconferences.

8. Giuliani also abused his position as Ms. Dunphy’s lawyer to pressure her into sex. In one instance, for example, Giuliani promised Ms. Dunphy that he would give her $300,000 if she would forgo her legal rights in connection with her pending case and “fuck me like crazy.” This statement was recorded.1

9. As Ms. Dunphy continued her work for Giuliani and the Giuliani Companies, the work environment became increasingly hostile. In addition to his sexual demands, Giuliani went on alcohol-drenched rants that included sexist, racist, and antisemitic remarks, which made the work environment unbearable. Many of these comments were recorded.

10. Despite the horrible conditions that she endured, Ms. Dunphy excelled at work. She generated substantial business opportunities, was available around the clock, helped Giuliani maintain his public image, and diligently ensured that his day-to-day business needs were met. Ultimately, however, Giuliani and his Companies callously tossed Ms. Dunphy aside, never paying her for the work she performed, and leaving her traumatized by the abuse she had suffered.

11. Giuliani presented himself as a generous employer and a hero who would use his legal prowess to save Ms. Dunphy from a difficult situation. But he was neither of those things. Giuliani assaulted and harassed Ms. Dunphy, forced her to work in a deplorable work environment, in secret, and robbed her of the pay she is owed. Through this case, Ms. Dunphy seeks a measure of justice from a man who thought his power and connections rendered him untouchable.

PARTIES

12. Ms. Dunphy is an individual who resided in New York at certain times and Florida at other times during the relevant time periods.

13. Defendant Rudolph W. Giuliani is an individual who at all relevant times was a resident of the State of New York, New York County.

14. Defendant Giuliani Partners, LLC is a Delaware Limited Liability Company, with a principal place of business in New York, New York County. Upon information and belief, Giuliani was and is the sole member of Giuliani Partners, and exercises operating control over the entity.

15. Defendant Giuliani Group, LLC is a Delaware Limited Liability Company, with a principal place of business in New York, New York County. Upon information and belief, Giuliani was and is the sole member of Giuliani Group, and exercises operating control over the entity.

16. Defendant Giuliani Security & Safety LLC is a Delaware Limited Liability Company, with its principal place of business in New York, New York County. Upon information and belief, Giuliani was and is the sole member of Giuliani Group, and exercises operating control over the entity.

17. Upon information and belief, John and/or Jane Does 1-10 are individuals who reside in the State of New York.

18. The Giuliani Companies comprise a “single employer” or “single integrated enterprise” since they share interrelated operations, centralized control of labor relations, common management, and common ownership or financial control.

19. Upon information and belief, Giuliani owns a controlling interest in each of the Giuliani Companies, and he exercises complete dominion and control over the Giuliani Companies.

20. Giuliani and the Giuliani Companies constitute “joint employers” with respect to Ms. Dunphy since they share authority to hire and fire employees such as Ms. Dunphy, determined rate, method, and timing of her pay, approved payment of business expenses, had authority to discipline her, controlled her work schedule and other terms and conditions of her employment, and directed and supervised her work.

21. The work performed by Ms. Dunphy benefited all Defendants and/or directly or indirectly furthered their joint interests, and Defendants shared control of Ms. Dunphy’s employment, either directly or indirectly, because Defendants either control, are controlled by, or are under common control with each other. Defendants are therefore collectively Ms. Dunphy’s “joint employers” under the New York Labor Law’s broad definition of “employer.” 29 C.F.R. § 791.2(b).

JURISDICTION AND VENUE

22. The Court has personal jurisdiction pursuant to Civil Practice Law and Rules (“CPLR”) § 301 because, inter alia, Giuliani has resided in New York at all relevant times, and each of the Giuliani Companies had a principal place of business in New York at all relevant times.

23. Venue is proper in this County pursuant to CPLR § 503 because a substantial part of the events giving rise to Ms. Dunphy’s claims took place in New York County, where Giuliani resides, works, and maintains offices for the Giuliani Companies.

FACTUAL ALLEGATIONS

A. Ms. Dunphy’s Background


24. Ms. Dunphy is a Columbia University graduate and skilled businesswoman with 22 years of experience in business development, associate producing, and communications.

25. Ms. Dunphy has owned her own consulting firm, Strategic Consulting, since 2001.

26. Throughout her career, Ms. Dunphy has worked with companies to generate increased business, create new revenue streams, and promote positive brand images.

27. Despite her professional successes, Ms. Dunphy has experienced substantial pain and hardship. When she met Giuliani, Ms. Dunphy was highly vulnerable, having just begun the arduous process of recovering from severe domestic abuse. She was involved in a difficult lawsuit arising from that situation,2 and she was desperate for an opportunity to move forward in a positive direction.

B. Background of Giuliani and the Giuliani Companies

28. Giuliani is a lawyer,3 former Mayor of New York City, and former United States Attorney for the Southern District of New York.

29. Giuliani prides himself on being a well-connected political power broker. When Ms. Dunphy met Giuliani, he was known as a longtime friend and close confidante of then-President Donald Trump, in addition to being a member of Trump’s legal team.

30. Giuliani also owns and manages several businesses, including the Giuliani Companies.

31. Giuliani operated the Giuliani Companies as his personal fiefdoms, disregarding virtually all corporate formalities and blurring the boundaries between the Companies and their personnel. Upon information and belief, employees of the Giuliani Companies regularly acted and referred to themselves as working for Giuliani and did not maintain separation among the Giuliani Companies. For example, Giuliani’s former interim CEO, Maria Ryan, wrote in emails that GP and GSS “are one,” meaning that they operate as a single company. Upon information and belief, the Giuliani Companies had intermingled bank accounts, and Giuliani treated his corporate credit card as a personal credit card.

32. Upon information and belief, Giuliani has a history of using his businesses— including, but not limited to the Giuliani Companies—to groom and aggressively pursue women for sexual relationships.

33. For example, upon information and belief, Giuliani repeatedly agreed to give significant job titles and large salaries to women he found attractive, with the intention of having a sexual relationship with them. Upon information and belief, Giuliani achieved this goal in several instances, and engaged in sexual relationships with women he had hired and whose employment he controlled completely.

34. Upon information and belief, Giuliani had an affair with Maria Ryan, who was Giuliani Partners’ interim CEO, although Giuliani claimed in the media that there was “no proof” that the two had sex.4 In addition, media reports note that Giuliani had an affair with his communications director in the 1990s.5 Media reports also reflect that Giuliani had an affair with Jennifer LeBlanc,6 a GOP fundraiser who, upon information and belief, received indirect payments from Giuliani and who, upon information and belief, worked in Gracie Mansion when Giuliani was Mayor. And, upon information and belief, Giuliani also hired 19-year-old Christianne Allen as the Communications Director for the Giuliani Companies because, as he told Ms. Dunphy, he had “a certain sexual attraction to” Ms. Allen. In fact, Giuliani admitted to Ms. Dunphy that he kissed Ms. Allen. These statements were recorded.

35. Ms. Dunphy knew nothing about this predatory history until she became a victim of the same scheme.

C. Giuliani Tries To Hire Ms. Dunphy In 2016 And Then Again In 2019

i. Giuliani’s First Overture in September 2016


36. In September 2016, Giuliani met Ms. Dunphy while they both were waiting in the lobby of Trump Tower in Manhattan.

37. Giuliani spoke to Ms. Dunphy and began asking for details about her work and life, and then indicated that he was interested in hiring her to work for him.

38. Ms. Dunphy had no reason to believe that the interaction was anything other than business.

39. Giuliani gave Ms. Dunphy his business card at the end of the interaction and asked that she contact him to talk further about working with him.

40. Ms. Dunphy had no intention of working with Giuliani and did not contact him.

41. Ms. Dunphy had no contact with Giuliani until he contacted her again in 2019.

ii. Giuliani’s Second Overture in January 2019

42. On or about January 9, 2019, Giuliani sent Ms. Dunphy an unsolicited Facebook message and friend request. A true and correct copy of the Facebook friend request is annexed hereto as Exhibit A.

43. Ms. Dunphy was surprised that Giuliani had tracked her down years after their first interaction. But the timing was fortuitous, as Ms. Dunphy was seeking new career opportunities, and she also needed legal advice.

44. Ms. Dunphy accepted Giuliani’s friend request and responded to his message. Giuliani invited her to a formal interview for a business development job with his organization.

45. Ms. Dunphy agreed to meet Giuliani for a job interview in Florida, where she was living at the time.

D. Giuliani Hires Ms. Dunphy as Director of Business Development and Agrees to Represent Ms. Dunphy Pro Bono.

46. On January 21, 2019, Giuliani interviewed Ms. Dunphy at the Trump International Golf Club of West Palm Beach, Florida. During the interview, they discussed Ms. Dunphy’s career and experience, and her legal issues. They also spoke about her ability to help Giuliani generate new revenue streams and to support him on a day-to-day basis, including by fielding media inquiries.

47. The interview seemed to go well. Giuliani told Ms. Dunphy that he was impressed by her experience, and he offered her a job as Director of Business Development for the Giuliani Companies, and also as his executive assistant for travel, communications, and public relations.

48. Giuliani told Ms. Dunphy that her salary would be $1 million per year, and that any business expenses she incurred would be reimbursed.


49. Upon information and belief, the salary that Giuliani offered Ms. Dunphy was within the same general range that Giuliani and the Giuliani Companies paid to other employees of Giuliani and the Giuliani Companies, when accounting for expenses and other benefits, including for example Maria Ryan (who served in various roles).

50. During the job interview, Giuliani and Ms. Dunphy discussed that her responsibilities would include generating business opportunities, including speeches and clients which Giuliani told her historically earned him approximately $10 million per year, public relations work (such as editing Giuliani’s social media posts and ensuring that he was presentable to the public), monitoring his email, assisting him with responding to emails, making travel arrangements, scheduling meetings, and generally being “on call” for whatever Giuliani and his Companies needed. Giuliani told Ms. Dunphy that the job required her to be available “24/7.”7

51. As they talked, Ms. Dunphy suggested several ideas for ways in which Giuliani and his Companies could generate revenue. These included creating a podcast,8 creating a Netflix series, documentaries, and other similar endeavors. Later, Giuliani took advantage of several of these suggestions, and Ms. Dunphy worked to develop some of these projects.

52. Giuliani and Ms. Dunphy also discussed during the interview that she one day write a book on Giuliani and Trump.

53. Giuliani gave Ms. Dunphy permission to record her interactions with Giuliani anytime, anywhere, as well as Giuliani’s interactions with others. Giuliani thereafter continually permitted and authorized Ms. Dunphy to make such recordings. He never asked her to stop recording any interaction. At times, Giuliani pressed “record” himself on Ms. Dunphy’s cell phone to record their conversations.

54. As the parties reached agreement on the general terms of Ms. Dunphy’s employment, Giuliani added a strange requirement: Ms. Dunphy’s pay would have to be deferred and her employment kept “secret” until Giuliani’s divorce proceedings finished. Giuliani claimed that this arrangement was necessary because his ex-wife and her lawyers were watching his cashflow and he was limited in what he could spend and who he could hire. Giuliani also claimed that his ex-wife would “attack” and “retaliate” against any female employee that Giuliani hired.

55. Giuliani told Ms. Dunphy that his divorce would settle “any day now” and therefore the need to keep her employment secret and her pay deferred would not last long.

56. Giuliani promised Ms. Dunphy that in the meantime, he would pay her in cash whenever he could so that she could support herself during the deferral period.

57. During the interview, Giuliani offered Ms. Dunphy an additional inducement: he had learned that she was a survivor of domestic abuse and he offered to represent her pro bono in connection with legal matters arising from those circumstances. Giuliani later sent Ms. Dunphy an email confirming this arrangement, a redacted copy of which follows:

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58. Giuliani had served as the United States Attorney for the Southern District of New York. Thus, his offer of pro bono legal representation was an important inducement of seemingly incalculable value due to his experience and recognition in New York legal circles.

59. At the end of the interview, Ms. Dunphy accepted Giuliani’s job offer and reluctantly agreed to defer her pay and keep her employment non-public, based on: ( i) Giuliani’s job offer (including the salary of $1 million per year and expenses); (ii) his claim that his divorce would be finalized soon; and (iii) his promise that he would represent Ms. Dunphy pro bono.

60. Ms. Dunphy was excited, and she called her parents soon after being hired to tell them about her new job and salary.

61. But unbeknownst to Ms. Dunphy, Giuliani apparently decided during the interview that he would use the job offer and his representation as a pretext to develop a quid pro quo sexual relationship with Ms. Dunphy. He was later recorded telling Ms. Dunphy, “I’ve wanted you from the day I interviewed you.”

E. Ms. Dunphy Begins Working For The Giuliani Defendants.

62. Right after the job interview on January 21, 2019, Giuliani required that Ms. Dunphy attend a work-related meeting with his team and certain of Giuliani’s Ukrainian associates to discuss her work for the Giuliani Companies.

63. During this meeting, Giuliani drank to excess, and he pressured Ms. Dunphy to drink.

64. After a long first day on the job, Giuliani told his bodyguard to take a separate car so he could have privacy in the back seat with Ms. Dunphy as his limo service drove her home in a black SUV. Ms. Dunphy was surprised by this request from her new boss.

65. After the bodyguard left, Giuliani kissed Ms. Dunphy and asked if he could enter her home.

66. Ms. Dunphy was stunned and shaken. She politely declined and thanked him for her new job and his legal representation. As he was preparing to leave, Giuliani told Ms. Dunphy that since they would be working from different locations that week, he would like it if Ms. Dunphy sent him some flirtatious photos. Giuliani’s conduct seemed strange, but Ms. Dunphy still had no idea of what was to come. After his car left, she went into her apartment, locked the door, and tried to make sense of what had just happened.

67. After dropping Ms. Dunphy off, Giuliani called Ms. Dunphy five times that same evening.

F. Giuliani Begins Asking Ms. Dunphy Bizarre And Intrusive Sexual Questions Under The Guise Of Providing Legal Advice.

68. At around the same time that Ms. Dunphy began working for Giuliani and the Giuliani Companies, Giuliani and Ms. Dunphy began working together on her legal matters.

69. Under the guise of providing Ms. Dunphy legal advice, Giuliani started asking Ms. Dunphy for extremely personal details relating to her past, including explicit details about prior sexual encounters.

70. Ms. Dunphy was disturbed by these personal questions, but Giuliani claimed that this information was necessary for his “research” in connection with her case.

71. As Ms. Dunphy would soon learn, Giuliani’s probing questions were not designed to help him provide legal advice. Rather, Ms. Dunphy would come to understand that Giuliani was aroused by discussing Ms. Dunphy’s sexual history and violent relationships. Ms. Dunphy did not know it yet, but Giuliani would force her to repeat the cycle of abuse she had suffered.

G. Giuliani Subjects Ms. Dunphy To A Sexually-Charged And Hostile Work Environment, Repeatedly Assaults Her, And Refuses To Pay Her Salary.

72. After Giuliani hired Ms. Dunphy on January 21, 2019, Giuliani called Ms. Dunphy almost daily, often repeatedly, to discuss current events and business-related issues. For example, Giuliani called Ms. Dunphy 14 times on January 24, 2019.

73. Giuliani often required that Ms. Dunphy discuss business and current events with him on the phone for eight to ten hours a day, sometimes late into the evening. Thus, Ms. Dunphy began working long hours for Giuliani and his Companies.

74. Because Giuliani was both her boss and her lawyer, she felt that she had to respond as he required.

75. On January 25, 2019, Giuliani paid to fly Ms. Dunphy to New York on a semiprivate chartered plane. Giuliani used an employee of the Giuliani Companies, JoAnne Zafonte, to make these travel arrangements. Copies of records related to these travel arrangements are annexed hereto as Exhibit B.

76. That evening, Giuliani, travelling with his security team, met Ms. Dunphy at the airport. Giuliani smelled of alcohol. They had a business dinner that night and planned to travel to the office for work that upcoming Monday.

77. Giuliani insisted that Ms. Dunphy stay in a guest suite in his Upper East Side apartment. Ms. Dunphy was surprised by this unusual request, but Giuliani assured her that employees often slept in his guest suite, which included a private bedroom and private bathroom.

78. Ms. Dunphy was uncomfortable with this arrangement and tried to secure other accommodations. She asked her family and friends for places to stay in New York. But Giuliani insisted that she stay in his apartment. Since Giuliani was her boss and attorney, she felt pressured to do as he asked and ultimately agreed to stay in his guest suite temporarily.

79. Upon arrival at Giuliani’s apartment, Ms. Dunphy was surprised to find that Giuliani had alcoholic beverages ready for them.

80. Ms. Dunphy was not much of a drinker, but Giuliani pressured her to drink with him. Giuliani offered Ms. Dunphy scotch, which she declined because she virtually never drank hard alcohol. Undeterred, Giuliani poured them both glasses of red wine. In an effort to be polite, Ms. Dunphy accepted the wine. Giuliani and Ms. Dunphy each drank two or three glasses of wine.

81. Giuliani was substantially larger than Ms. Dunphy, who was a women’s size small or medium at the time.

82. Ms. Dunphy became intoxicated more easily than Giuliani because of her smaller size and the fact that she rarely drank, while Giuliani often drank large quantities of alcohol.

83. After finishing their drinks, Ms. Dunphy went to the guest suite alone. She put her suitcase on the bed, closed the door to the room, and took a shower.

84. When Ms. Dunphy got out of the shower, she was startled to see that Giuliani had entered the guest suite, uninvited. She was still intoxicated.

85. Ms. Dunphy was frightened. She said she wanted to get dressed, unpack, and settle in. She asked for privacy. She said she would meet him in the living room when she was ready. But Giuliani would not leave. He sat on the bed and pulled down his pants. The following screenshot from the film Borat: Subsequent Moviefilm depicts Giuliani acting in a similar manner to how he acted with Ms. Dunphy:

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86. Giuliani then pulled her head onto his penis, without asking for or obtaining any form of consent. He held her by her hair. It became clear to Ms. Dunphy that there was no way out of giving him oral sex. She did so, against her will.

87. Ms. Dunphy was shocked and saddened by what had happened. She did not want to have any sexual encounter with Giuliani, of any kind. But Ms. Dunphy felt extreme pressure to go along with Giuliani’s demands because she could not lose her promised salary or her legal representation by the uniquely qualified and connected lawyer.

88. After pressuring her into performing oral sex, Giuliani required Ms. Dunphy to accompany him to a late dinner with Giuliani’s friend and business associate Lev Parnas. Ms. Dunphy asked Giuliani for the name of the Human Resources director, because she was considering reporting what had happened. Giuliani said that he did not have a Human Resources department and bragged that no one would ever sue him because he was connected to President Trump, and he had private investigators who would punish anyone who complained.

89. They went to the work dinner, which involved discussions about various matters including media relations, certain legal issues, and the political climate.

90. Over the following two days (Saturday and Sunday), Giuliani and Ms. Dunphy worked from his residence. They sat at the dining room table in his three-bedroom penthouse apartment, and sometimes worked from the living room couch. Her tasks that weekend included bringing him scotch on demand and brainstorming ideas for interviews, shows, and Netflix series.

91. She also reviewed her contacts with entertainment industry professionals, sought their advice, analyzed various options, and researched documentary makers and producers. She later reached out to certain producers and had lengthy meetings with them about potential projects for Giuliani.

H. Giuliani Loads His Email Account Onto Ms. Dunphy’s Computer.

92. Giuliani told Ms. Dunphy that part of her duties would involve monitoring his email, notifying him about important emails, working with him to craft responses if needed, reminding him about scheduled meetings and appearances, and keeping track of files in case he needed them.

93. Therefore, Giuliani added one of his work email accounts into Ms. Dunphy’s email program on her computer, typing his password onto her computer.

94. Once Giuliani’s email account was loaded onto Ms. Dunphy’s computer, at least 23,000 emails associated with the account, including many from before her employment with Giuliani, were stored on her computer.

95. Since Giuliani gave Ms. Dunphy access to his email account, she had access to information that was, upon information and belief, privileged, confidential, and highly sensitive.

96. For example, Ms. Dunphy was given access to emails from, to, or concerning President Trump, the Trump family (including emails from Donald Trump, Jr., Ivanka Trump, and Eric Trump), Trump’s son-in-law Jared Kushner, former FBI director Louis Freeh, Trump lawyer Jay Sekulow, Secretaries of State, former aides to President Trump such as Steve Bannon, Reince Priebus, and Kellyanne Conway, former Attorneys General Michael Mukasey and Jeff Sessions, media figures such as Rupert Murdoch, Sean Hannity, and Tucker Carlson, and other notable figures including Newt Gingrich, presidential candidates for Ukraine, President Recep Tayyip Erdogan of Turkey, the Ailes family, the LeFrak family, Bernard Kerik, Igor Fruman, Lev Parnas, and attorneys Marc Mukasey, Robert Costello, Victoria Toensing, Fred Fielding, and Joe DeGenova.

97. Ms. Dunphy understood that she was given access to these emails because she was employed by Giuliani and the Giuliani Companies. Indeed, although Giuliani and his surrogates have argued that Ms. Dunphy was not an employee of Giuliani or the Giuliani Companies, it is impossible to understand Giuliani’s decision to give Ms. Dunphy complete access to (and copies of) these sensitive emails in any other context.

98. As a lawyer, Giuliani sent and received emails containing privileged information that could not legally be shared with Ms. Dunphy if she were not an employee or consultant. Likewise, Giuliani’s business often involved highly confidential information, and upon information and belief, there were confidentiality and nondisclosure agreements governing access to some of this information. Upon information and belief, those agreements barred Giuliani from sharing covered confidential information with someone who was not an employee or consultant.

99. Giuliani never asked Ms. Dunphy to sign a non-disclosure or confidentiality agreement.

100. As part of her work, Ms. Dunphy warned Giuliani about the dangers of his use of a regular Gmail account for his work, and about his habit of logging in from unsecured Wi-Fi networks in foreign nations and hotel lobbies. She researched additional security measures for him, recommended them to him, and recommended experts to review his practices.

I. Giuliani Takes Ms. Dunphy To The Giuliani Companies’ Office And Introduces Her As A New Employee, And Ms. Dunphy Continues Working For Defendants.

101. On Monday, January 28, 2019, Giuliani took Ms. Dunphy to the Giuliani Companies’ office at 445 Park Avenue, 18th floor, New York, New York.

102. At the office, Ms. Dunphy met several employees of the Giuliani Companies, including Giuliani’s office manager JoAnne Zafonte, CEO of GSS John Huvane, Giuliani’s head of security and friend Beau Wagner, attorney and Giuliani friend Dennison Young, and other staff.

103. Ms. Dunphy continued working for Defendants during the course of that week. For example, she began to coordinate travel arrangements for Giuliani through JetSmarter and negotiated a better plan and travel membership for him. A true and correct copy of an email chain between Ms. Dunphy and a representative from JetSmarter dated January 30, 2019 is annexed hereto as Exhibit C.

104. Ms. Dunphy also helped Giuliani prepare for an upcoming interview about Roger Ailes, the former Chairman of Fox News. Ms. Dunphy tried to discourage Giuliani from participating in the interview because an employee of Fox had publicly alleged that Mr. Ailes sexually abused her and blackmailed her into becoming his “sex slave.” But Giuliani insisted that Ailes, who had passed away, was a “good friend” and he decided to participate in the interview. Therefore, Ms. Dunphy prepared Giuliani to try to avoid or deflect from topics that could harm Giuliani’s reputation, since part of her job was public relations for Giuliani. Ms. Dunphy accompanied Giuliani to this interview on January 29, 2019, to ensure Giuliani would not embarrass himself. This interview, including out-takes, was recorded.

105. Giuliani kept working with Ms. Dunphy on her legal matters during this time. He edited and drafted affidavits, drafted and revised agreements for her, and communicated with the attorney who was making court appearances on Ms. Dunphy’s behalf, Christopher Mukon, Esq. (“Mr. Mukon”).

J. Giuliani Moves Ms. Dunphy’s Work Location From The Companies’ Offices To His Apartment And Continues Forcing Ms. Dunphy To Satisfy His Sexual Demands.

106. Over the next few days, Giuliani grew obsessive and would not let Ms. Dunphy out of his sight. He aggressively pursued a sexual relationship with Ms. Dunphy, and to facilitate this goal, he insisted that they work mostly at his apartment rather than the Giuliani Companies’ offices. Giuliani made clear that satisfying his sexual demands was a requirement of Ms. Dunphy’s employment.

107. Giuliani preferred working with Ms. Dunphy in his home (and later from hotels) so that he could easily transition from work, to demanding sexual gratification, and back to work. Thus, Ms. Dunphy worked under the virtually constant threat that Giuliani might initiate sexual contact at any moment. Although Ms. Dunphy never knew when Giuliani might force sexual contact on her, upon information and belief, his actions were premeditated because, in many instances, he had taken Viagra or similar medication beforehand in preparation.

108. Giuliani often demanded that she work naked, in a bikini, or in short shorts with an American flag on them that he bought for her. When they were apart, they would often work remotely via videoconference, and during those conferences Giuliani almost always asked her to remove her clothes on camera. He often called from his bed, where he was visibly touching himself under a white sheet.

109. Throughout the employment and attorney-client relationship, Giuliani forced Ms. Dunphy to perform oral sex on him. He often demanded oral sex while he took phone calls on speaker phone from high-profile friends and clients, including then-President Trump. Giuliani told Ms. Dunphy that he enjoyed engaging in this conduct while on the telephone because it made him “feel like Bill Clinton.”

110. Upon information and belief, some of the individuals who Giuliani spoke with on these calls were law clients of Giuliani (such as Mr. Trump), who were unaware that Ms. Dunphy was in the room and could overhear their conversations. At certain times, Ms. Dunphy overheard discussions which contained, upon information and belief, privileged or confidential information. These discussions included, for example, strategies as to how to deal with the investigation being conducted by Robert Mueller, and whether it might be possible to distract, intimidate, or otherwise dissuade Mueller from proceeding against Trump.

111. As part of her duties, Giuliani and Ms. Dunphy had discussions about documents that might help counteract the Mueller investigation, including reviewing documents labeled “Executive Privilege” and discussing potential legal arguments summarized in documents that Giuliani had received from another lawyer.

112. During this time, the work environment was regularly affected by Giuliani’s chronic alcoholism. Giuliani was rarely sober around Ms. Dunphy. Since he regularly drank all day and night, it became part of Ms. Dunphy’s responsibilities to fetch his alcohol and make sure that he was a “functioning alcoholic.” She worked hard to ensure that despite Giuliani’s excessive drinking, he did not appear drunk. If Giuliani became too drunk, it was her job to remove him from the situation. Ultimately, the most important and time-consuming aspect of Ms. Dunphy’s job became preventing Giuliani from creating media disasters. During this time, when Ms. Dunphy was not by his side, he appeared with hair dye dripping from his forehead, appeared wearing excessive amounts of self-tanner, and hosted a press conference in the parking lot of Four Seasons Total Landscaping.

113. Giuliani began to tell Ms. Dunphy that he loved her. Often, this was while he was coercing her into performing oral sex on him. He sometimes also referred to her as a “best friend” and he often told her that he “needed” her. Due to Ms. Dunphy’s vulnerable state, and the power imbalance between them as boss/employee and lawyer/client, she began to believe him. And Giuliani engaged in a pattern of conduct that was designed to make her financially and emotionally dependent on him, and to coerce her to remain as his secret employee.

114. Ms. Dunphy confided in a friend about the abuse she had experienced. She told her friend that Giuliani acted like performing oral sex was a requirement of her job, and that he pressured her for oral sex constantly. Ms. Dunphy also told the friend how she felt like she had no choice but to comply, given the circumstances.

K. Giuliani Keeps Refusing To Pay Ms. Dunphy The Salary She Is Owed, But Strings Her Along With Small Cash Payments.

115. All the while, Giuliani was telling Ms. Dunphy that he needed to keep deferring her pay and keep her employment secret, but he promised her that she would eventually be paid in full and receive credit for her work.

116. Giuliani also continued to tell Ms. Dunphy that his divorce would settle “any day,” and then he and his Companies would make her whole by paying what she was owed.

117. To tide Ms. Dunphy over and keep her obedient to him, Giuliani sometimes paid Ms. Dunphy in increments of no more than $5,000 in cash, at random times. For example, Giuliani paid Ms. Dunphy $4,000 in cash on February 1, 2019, before she traveled from New York to Florida, as part of her “deferred pay.”

118. Giuliani also authorized certain of Ms. Dunphy’s business expenses to be paid by using a corporate credit card for one of the Companies. These expenses included, for example, Uber and Lyft expenses for work-related travel.

119. To bolster his claims about the need to keep Ms. Dunphy’s employment “secret,” Giuliani told Ms. Dunphy about other schemes he undertook to reduce the amounts he owed to his ex-wife.9 For example, Giuliani told Ms. Dunphy that someone owed him $1 million, but Giuliani hinted that instead of having the money paid to him, he had his friend, Robert Stryk, hold it for him. He said, “Robert Stryk just got me a million-dollar payment.” This statement was recorded.

120. Likewise, Giuliani told Ms. Dunphy about other instances in which he would have others receive and hold money that was due to him so that his ex-wife would not know that he received the money. Upon information and belief, these individuals holding the money would give Giuliani cash from time to time so that the funds could not be traced to Giuliani.
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Re: Trump lashes out at Gov. Doug Ducey following certificat

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Part 2 of 3

L. Giuliani Continues Abusing Ms. Dunphy, While Also Continuing To Employ Her And Represent Her.

121. Starting around February 2019, Giuliani repeatedly demanded assurances from Ms. Dunphy of her loyalty, and began isolating her from others. He forbade her from seeing or talking on the phone with anyone without his approval.

122. During February 2019, Giuliani’s habit of calling her obsessively continued, including approximately 34 calls on February 1, 2019, 19 calls on February 2, 2019, 44 calls on February 5, 2019, 32 calls on February 6, 2019, 28 calls on February 7, 2019, 36 calls on February 11, 2019, 50 calls on February 12, 2019, 53 calls on February 13, 2019, and 10 calls on February 14, 2019.

123. On February 6, 2019, Giuliani bought a smart battery case from Apple for Ms. Dunphy so that she could always be “on call” for him. This ensured that Ms. Dunphy had no excuse not to respond to Giuliani, as her cellphone would constantly be charged.

124. On February 7, 2019, Giuliani told Ms. Dunphy to take a note to remind him to pay taxes on a private jet ride he was gifted by a friend. The same day, Giuliani told Ms. Dunphy, in her capacity as his employee, about a plan that had been prepared for if Trump lost the 2020 election. Specifically, Giuliani told Ms. Dunphy that Trump’s team would claim that there was “voter fraud” and that Trump had actually won the election. This plan was discussed at several business meetings with Giuliani and Lev Parnas.

125. That same day, Giuliani had Ms. Dunphy sit in on a speakerphone conversation about a potential business opportunity involving a $72 billion dollar gas deal in China.

126. On February 9, 2019, as part of her job duties, Ms. Dunphy had a conversation with Giuliani about whether he should register under the Foreign Agents Registration Act (“FARA”), in anticipation of a meeting later that day with Lev Parnas to discuss a foreign business opportunity. The following is a true and correct copy of a photo of Ms. Dunphy, Giuliani, and Mr. Parnas taken that day:

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127. On or about February 10, 2019, Giuliani reiterated his consent to audio recording of his conversations with Ms. Dunphy. His consent was recorded.

128. On February 11, 2019, Giuliani performed legal work for Ms. Dunphy, including talking with Mr. Mukon and discussing strategy related to her ongoing domestic violence litigation. Despite holding himself out as Ms. Dunphy’s attorney, upon information and belief, Giuliani never filed a notice of appearance on behalf of Ms. Dunphy in any of her ongoing matters.

129. At the same time, Giuliani kept trying to control Ms. Dunphy. On February 11, 2019, Giuliani texted Ms. Dunphy “you’re mine” and “[n]obody will ever have you now”:

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130. On February 14, 2019, Ms. Dunphy and Giuliani had a conversation via text message. During the conversation, Giuliani referred to Ms. Dunphy as his “chief consultant,” and he referred to her as his “chief consultant” when he introduced her around Miami’s Trump Doral golf course.

131. Around February 16, 2019, they reviewed Giuliani’s emails with Ukrainian government officials, and again discussed the advisability of registering under FARA. Ms. Dunphy offered to complete the registration for him. Giuliani told her that he was able to break the laws because, he said: “I have immunity.”

132. He also asked Ms. Dunphy if she knew anyone in need of a pardon, telling her that he was selling pardons for $2 million, which he and President Trump would split. He told Ms. Dunphy that she could refer individuals seeking pardons to him, so long as they did not go through “the normal channels” of the Office of the Pardon Attorney, because correspondence going to that office would be subject to disclosure under the Freedom of Information Act.

133. On February 18, 2019, Giuliani requested bottles of alcohol around 10:00 a.m., and in her capacity as his assistant, Ms. Dunphy arranged to have it delivered to him.

134. On February 18, 2019, Ms. Dunphy, in her capacity as Director of Business Development, told Giuliani that he should seek to remove certain Google search results that were unfavorable to him to help with his public relations and image.

135. On February 19, 2019, Ms. Dunphy spoke with Giuliani about a proposal to provide paid presentations and speeches.

136. On February 21, 2019, Giuliani called Ms. Dunphy 4 times, and he also texted her the following:

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137. On February 21, 2019, Giuliani and Ms. Dunphy worked together on her domestic violence litigation, while he drank scotch and groped her until he eventually demanded sexual gratification.

138. On February 23, 2019, Giuliani told Ms. Dunphy that he could “get in trouble with underage girls” if they were 16 but looked 20. This conversation was recorded. During the same conversation, Giuliani discussed work-related issues with Ms. Dunphy, including reimbursement of the hotels she booked on February 14, 2019. As his assistant, she arranged for his dry-cleaning orders.

139. On February 25, 2019, Giuliani forced Ms. Dunphy to have sexual intercourse with him for the first time. Before this, Ms. Dunphy had refused and avoided having sex with Giuliani, although he had forced her to engage in other sexual contact. But on February 25, Giuliani told Ms. Dunphy that he would not wait any longer to have sex with her.

140. Ms. Dunphy objected and told Giuliani repeatedly that she did not want to have sex. But Giuliani would not take “no” for an answer. He eventually forced her into having sexual intercourse with him. She never consented to intercourse, but she eventually stopped resisting because it was clear that he would not stop pressuring her.

141. Beginning in March 2019, Giuliani became more abusive toward Ms. Dunphy. He continually pressured her into sex, was unconcerned with obtaining Ms. Dunphy’s consent, disregarded Ms. Dunphy’s boundaries as a survivor of domestic violence and behaved in a hyperaggressive manner during sexual interactions. Giuliani disregarded Ms. Dunphy’s request that his conduct stop and her pleas that physical violence, domineering behavior, and abusive language was triggering and re-traumatizing for her.

142. For example, during sex, he called her a “cunt,” a “bitch,” and “Rudy’s slut,” and discussed his interest in “BDSM” (which refers to bondage, dominance, sadism, and masochism) with her.10 Ms. Dunphy repeatedly told Giuliani that she was not interested in participating in such conduct. Indeed, Giuliani was well aware of Ms. Dunphy’s aversion to physical violence or emotionally abusive language of any kind, real or simulated, because of his work as her attorney in connection with her domestic violence case. Nevertheless, he continually talked about BDSM and violent sex, and demanded that she engage in such conduct.

143. On March 3, 2019, Giuliani explained that he fantasized about Wendy Rhoades in the popular television show Billions, stating “she wears all that black shit, she’s got a whip, and an electric prod.” Ms. Dunphy made it clear that she was not interested, and immediately changed the subject, commenting on the mosquitoes outside. These statements were recorded.

144. Giuliani previously tried to force her to watch BDSM scenes, and she refused. Upon information and belief, Giuliani knew that his fixation on BDSM would make Ms. Dunphy uncomfortable because he had witnessed that Ms. Dunphy was unable to watch such scenes or other types of violence or degradation in films and television shows. During such scenes, Giuliani watched Ms. Dunphy shake at the sounds, hide her eyes, and turn her head away. In one incident, Ms. Dunphy refused to watch “The General’s Daughter” with Giuliani, despite his claim that the film’s violent sex that led to a female’s death was “sexy.”

145. Giuliani’s actions made Ms. Dunphy extremely uncomfortable, but because she had entrusted him with her case and because he was controlling her deferred pay, she felt she had no choice but to submit to his demands.

146. On March 3, 2019, Giuliani and Ms. Dunphy spent the day working together on the Giuliani Companies’ business, potential real estate investments, Giuliani’s travel arrangements for that week, and whether she would be traveling with him for their work. In addition, Giuliani and Ms. Dunphy were working on contracts for Ms. Dunphy. While discussing those documents, Giuliani initiated sex with Ms. Dunphy.

147. On March 4, 2019, Giuliani and Ms. Dunphy again spent the day working together. Giuliani began that day by drinking Bloody Marys. They both drank throughout the day while discussing business and Ms. Dunphy’s ongoing case. Giuliani became drunk, and fantasized about visiting a hotel with Ms. Dunphy, bizarrely saying during a recorded conversation that he would tell the doorman to wait outside with the luggage so that “we do it on the floor in the living room…we don’t even make it to the bedroom. All the clothes come off,” and telling the doorman, “I need time alone with my girlfriend, with my daughter. With my little girl.” This became part of a pattern in which Giuliani referenced Ms. Dunphy as his “daughter” in the context of sexual activity and made her extremely uncomfortable.

148. During a discussion about Ms. Dunphy’s case, Giuliani initiated sex with Ms. Dunphy. While having sex, Giuliani kept talking about the case and told Ms. Dunphy that he would get the best settlement agreement for her. Giuliani also smacked Ms. Dunphy in the face and then told her that the smack was “cute.” Since Ms. Dunphy and Giuliani had been drinking since the morning, Ms. Dunphy was intoxicated and could not have consented to sex with Giuliani.

149. Giuliani told Ms. Dunphy that he wanted her to end her domestic violence litigation because he felt it was interfering with his sex life with her, and he did not want her to be “distracted” by it. Giuliani promised Ms. Dunphy that he would give her $300,000 in exchange for her waiving her legal rights as against her abusive ex-boyfriend, and if she would “fuck me like crazy.” After realizing what he had said, Giuliani attempted to backtrack and stated, “we won’t put that last part, we’ll say for other consideration not appropriate [to] mention.” This conversation was recorded.

150. On the same day, in anticipation of Trump being subpoenaed, Giuliani reviewed with Ms. Dunphy arguments about a sitting president’s immunity from the criminal process. She worked to help organize his points as he talked out his theories on the standards that would govern judicial review if a grand jury subpoena were issued to Trump.

151. The same day, Giuliani and Ms. Dunphy discussed a dinner that they would be attending that evening with the King of Spain, which was hosted at the home of José Francisco “Pepe” Fanjul. During the discussion, Ms. Dunphy referenced the fact that she was Giuliani’s “employee,” and Giuliani agreed. Giuliani explained that Ms. Dunphy was accompanying him as his employee-guest and his consultant. This conversation was recorded.

152. Giuliani and Ms. Dunphy attended the dinner for the King of Spain later that night. At the dinner, Giuliani introduced Ms. Dunphy as his Director of Business Development to the Mayor of Palm Beach, various business executives, and other attendees.

153. On March 5, 2019, Giuliani agreed to pay for Ms. Dunphy’s rent since all of her income from Giuliani and the Giuliani Companies was deferred.11

154. The same day, Giuliani reviewed with Ms. Dunphy his January 23, 2019 interview with Ukraine’s former Prosecutor General Victor Shokin.

155. Around March 9, 2019, Giuliani brought Ms. Dunphy to Mar-a-Lago where they had a friendly meeting with Trump, and Giuliani introduced Ms. Dunphy to Trump as Giuliani’s employee. This encounter was fairly brief, since Giuliani expressed to Ms. Dunphy that he was concerned that Trump might try to poach her away from working for Giuliani.

156. Later that day, Giuliani and Ms. Dunphy met with Newsmax CEO Chris Ruddy to discuss Giuliani potentially working to raise funds for the network.

157. On March 10-11, 2019, Ms. Dunphy’s job was to accompany Giuliani to a 2-day golf outing fundraiser for an autism-related charity at Old Palm Golf Club. During the event, Giuliani and his security detail, Beau Wagner, were highly intoxicated and took an unprofessional and offensive video with an autistic young man. Giuliani then drunkenly uploaded this video to Twitter. Almost immediately and as part of her job duties, Ms. Dunphy deleted the video from Twitter, edited it to make it more presentable, and uploaded the new version.

158. Throughout March 2019, Giuliani continued calling Ms. Dunphy constantly, often many times per day, to discuss work-related matters. Ms. Dunphy kept working for Giuliani and his Companies in her business development and executive assistant roles.

159. On March 13, 2019, she booked hotel rooms for him from March 15 to 19 at a Marriott Hotel for a business trip.

160. On March 15, 2019, Giuliani again initiated sex with Ms. Dunphy while discussing her domestic violence case.

161. On March 17, 2019, Giuliani and Ms. Dunphy worked together, discussed her domestic violence case, and Giuliani again initiated sex. During their conversations that day, Ms. Dunphy and Giuliani discussed what her job title should be listed as in a forthcoming press release. Giuliani told her that among other things, she should say “PR consultant to Rudy Giuliani.” Ms. Dunphy also worked to cancel and reschedule hotel reservations for Giuliani, and to coordinate flights with JetSmarter. True and correct copies of Ms. Dunphy’s correspondence with JetSmarter and Trump Hotels are annexed collectively hereto as Exhibit D.

162. On March 17, 2019, after hours of drinking scotch, Giuliani told Ms. Dunphy that he had “an obsessive attraction” to Ms. Dunphy, and told her that “I’m Italian, remember? I’m extremely jealous and possessive.” These statements were recorded.

163. The same day, Giuliani discussed private information about certain clients with Ms. Dunphy, discussed the Mueller Report with her, and discussed Mr. Trump’s children Ivanka, Eric, and Donald Jr. and their spouses.

164. On March 18, 2019, Giuliani purchased clothing for Ms. Dunphy from Neiman Marcus on his corporate American Express card, to control what Ms. Dunphy wore. This was part of a pattern in which Giuliani often demanded that Ms. Dunphy dress as conservatively as possible when out in public or at work events. He said that he did not want any other man looking at her, including his co-counsel and her attorney, Mr. Mukon. He even prevented Ms. Dunphy from ever speaking to Mr. Mukon in person.

165. On March 19, 2019, Ms. Dunphy was beginning to struggle financially because Giuliani’s divorce continued to drag on and therefore her salary continued to be deferred. Giuliani told her that he had to “straighten out his accounts” so that he could pay her in cash.

166. On the same day, Giuliani told Ms. Dunphy that she could use his American Express card for a Lyft or Uber. Upon information and belief, the card used was a corporate credit card.

167. Also on March 19, 2019, Giuliani told Ms. Dunphy that “I’ve wanted you from the day I interviewed you.” This statement was recorded.

168. The same day, Giuliani reiterated to Ms. Dunphy that he expected her to continue to be “at his beck and call.” This statement was recorded.

169. Throughout April 2019, Ms. Dunphy continued to monitor Giuliani’s email and social media, and gathered press clippings, as part of her job. Giuliani and Ms. Dunphy remained in regular contact during this period, and Ms. Dunphy continued trying to find Giuliani lucrative business opportunities.

170. Giuliani also sent Ms. Dunphy a written outline he prepared accusing U.S. Ambassador to Ukraine Marie Yovanovitch of corruption, and asked Ms. Dunphy for her thoughts on the outline.

171. On April 9, 2019, Ms. Dunphy had a long phone call with a representative of JetSmarter, negotiating Giuliani’s account with them.

172. On April 23, 2019, Ms. Dunphy spoke with John Huvane, the CEO of Giuliani Partners, regarding potential clients for the Giuliani Defendants. During this call, Ms. Dunphy and Mr. Huvane discussed Ms. Dunphy bringing in three high-paying clients for Giuliani, and an event for Giuliani in Washington, D.C. Ms. Dunphy also mentioned that she had identified a healthcare firm that was looking to hire Giuliani as legal counsel and in an advisory role. Mr. Huvane instructed Ms. Dunphy to arrange for any meetings in New York, and that Giuliani could not lobby because he was not registered as a lobbyist, nor was he registered as required under FARA.12 Mr. Huvane also instructed her that Giuliani had the final word on any negotiations.

173. On April 29, 2019, as Ms. Dunphy was monitoring Giuliani’s email in accordance with her job, she discovered that Giuliani had emailed private information about her domestic violence case, which was protected by the attorney-client privilege, to Maria Ryan without Ms. Dunphy’s consent. Ms. Dunphy only learned this when Ryan responded to the email.

174. This email upset Ms. Dunphy not only because she had trusted Giuliani as her attorney not to share her personal information, but also because it concerned a domestic violence matter, in which she was proceeding with court permission as a “Jane Doe.” It was therefore improper for Giuliani to reveal her identity to Maria Ryan, who had stopped working for him in 2018, and did not work on his legal matters.

175. In May 2019, Ms. Dunphy continued working in her role as Director of Business Development and as Giuliani’s executive assistant, monitoring his email and social media. During that time, Giuliani discussed with Ms. Dunphy his work to try to have Ambassador Yovanovitch removed from her position at the request of a foreign oligarch.

176. As part of her job duties, on May 2, 2019, Ms. Dunphy had further communications with the potential healthcare client, Brighton Health Plan Solutions, that she had discussed with Mr. Huvane.

177. The same day, Ms. Dunphy emailed Giuliani a list of questions for her domestic violence litigation.

178. On May 14, 2019, Ms. Dunphy was increasingly worried about her deferred pay, and she requested a formal employment agreement from Giuliani via email. Giuliani did not respond.

179. On May 24, 2019, Ms. Dunphy continued working with the healthcare company that she was pursuing as a potential client for Giuliani.

180. On May 27, 2019, Ms. Dunphy emailed Giuliani about her concerns that he permitted Mrs. Ryan to access her confidential legal files.

181. On May 29, 2019, Ms. Dunphy spoke to Giuliani about her concerns over her deferred pay and inability to rent an apartment. Giuliani responded, “let me think about it” and “let me have a little time to process.” These remarks were recorded.

182. On May 31, 2019, Ms. Dunphy text messaged Giuliani asking for a reference letter regarding the “consulting work I’ve done for you/Giuliani Partners” because the condo and coop boards where she was applying would require one. Giuliani responded, “I cannot do that now”:

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183. Ms. Dunphy and Giuliani continued to exchange text messages that day, including messages regarding the intrusion into her confidential communications about her domestic violence litigation. Giuliani did not deny that her information had been compromised. Instead, he said that “it’s too confusing right now.”

184. At around the same time, Giuliani directed Ms. Dunphy to delete her messages with him. He directed Ms. Dunphy not to talk to the FBI about him and about various matters that she had witnessed while working for him, and he threatened that he had access to professional investigators who could make her look bad even though, Giuliani admitted, she was “very innocent.” Giuliani continued, “You’ve got to be smart enough to know what I have just said.” Ms. Dunphy interpreted these statements as threats and an attempt to intimidate her.

185. Throughout June and July 2019, Ms. Dunphy continued monitoring Giuliani’s email account as she was directed by Giuliani to do. Giuliani asked Ms. Dunphy for help in Googling information about obstruction of justice, among other topics.

186. On June 7, 2019, Ms. Dunphy reminded Giuliani that she was still waiting to be reimbursed for the Doral Hotel where they stayed and worked in February 2019 in connection with Giuliani’s work for President Trump. She also requested reimbursement of $4,500 for another work-related hotel stay and for clothing from Neiman Marcus that he insisted she have. He did not respond to those emails, but he text messaged Ms. Dunphy at 2:09 a.m. the next morning regarding an event he had attended:

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187. On June 17, 2019, Ms. Dunphy followed up with Giuliani again regarding reimbursement. When she mentioned possibly asking JoAnne Zafonte to issue the reimbursement, Giuliani told her “do not ask JoAnn to do anything. U just have to wait.”

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188. On June 16, June 18, June 23, and July 4, 2019, Ms. Dunphy alerted Giuliani about major typos in his public statements, and they fixed them together.

189. On June 29, 2019, Ms. Dunphy emailed Giuliani regarding an offer for a podcast, as they had discussed when she was hired. She told Giuliani that she “met with David Spady, the owner of Salem Media Group, and his company is interested in making you an offer to do podcasts through them.” A true and correct copy of this email is annexed hereto as Exhibit E.

190. On July 8, 2019, Ms. Dunphy continued corresponding with Brighton Health Plan Solutions about potential opportunities for the Giuliani Defendants.

191. On August 9, 2019, Ms. Dunphy and Giuliani attended a Trump fundraiser at Joe Farrell’s estate in Bridgehampton. At one point, Giuliani drunkenly kissed Ms. Dunphy in front of hundreds of people, including a stranger who came over and asked if Ms. Dunphy felt sexually harassed, stating that he was not raised to treat women like that.

192. On August 13, 2019, Ms. Dunphy edited, compiled and sent Giuliani key portions of his appearance on Fox News. They also discussed a fundraiser for Mr. Trump.

193. On August 15, 2019, Ms. Dunphy contacted Philip Boyce at Salem Media regarding the offer for Giuliani’s potential new podcast. Salem Media offered Giuliani 50% of all advertising revenue generated. Salem Media would also negotiate on his behalf for advertisers and would pay him monthly.

194. On August 16, 2019, Ms. Dunphy contacted Mr. Boyce about the payment structure for the potential podcast.

195. On August 18, 2019, Ms. Dunphy and Mr. Giuliani were alone together at his home office. Mr. Giuliani was continuously drinking, and he got Ms. Dunphy intoxicated. While having a conversation about current events, as was required of Ms. Dunphy for her job with Giuliani, Giuliani attempted to initiate sex with Ms. Dunphy. Ms. Dunphy resisted. Giuliani agreed that they “don’t have to do it tonight. [They] could do it some other time.” This conversation was recorded.

196. However, approximately half an hour later, while Giuliani was drinking, he suddenly reversed course and aggressively initiated sex with Ms. Dunphy. She objected repeatedly and said “no” and that she was “not ready.” Giuliani begged her to “put it in there” while he was touching her. Ms. Dunphy told Giuliani that she was “too scared,” but that did not stop Mr. Giuliani. Eventually, Giuliani put himself inside of Ms. Dunphy. Ms. Dunphy was too intoxicated to consent to intercourse.

197. After this encounter, Ms. Dunphy spoke with a friend and said that she felt violated by Giuliani’s unwanted sexual advances to which she had repeatedly said “No.”

198. On August 20, 2019, Ms. Dunphy continued her efforts to secure a podcast and other paid work for Giuliani with Salem Media. Mr. Boyce suggested that Giuliani conduct a tour of Jerusalem, Israel. True and correct copies of these email exchanges are annexed hereto as Exhibit F.

199. Giuliani and Ms. Dunphy often discussed how lucrative his business engagements were and how Ms. Dunphy’s role could enhance those opportunities.

200. Upon information and belief, at some point at the end of summer 2019, Ms. Dunphy’s job of monitoring Giuliani’s email was given to another employee. Giuliani told Ms. Dunphy that her main priority was to safeguard files, monitor media and Tweets, and generate revenue for the Defendants, which he’d be able to accept when the divorce ended, purportedly “any day now.”

201. On September 4, 2019, Ms. Dunphy and Giuliani discussed a potential business opportunity that involved Giuliani giving a guided walking tour of monuments in and around New York City, which could be filmed and sold to a streaming platform. Based on Ms. Dunphy’s experience with Netflix streaming business projects, she believed that this would be a lucrative opportunity.

202. On September 5, 2019, Ms. Dunphy memorialized this proposal in an email and a text message to Giuliani. True and correct copies of the email and text messages dated September 5, 2019, are annexed collectively hereto as Exhibit G.

203. On September 6, 2019, Ms. Dunphy and Giuliani discussed the tour again, but Giuliani confirmed that he did not want to “do anything new or big until his divorce was settled.”

204. On September 12, 2019, Ms. Dunphy emailed Giuliani, Ms. Zafonte, and Mr. Huvane regarding hiring movers to bring her items from the office to her parents’ house on Long Island, which they did.

205. The same day, Ms. Dunphy received an email from David Wilcox of Central American Nickel (“CAN”) responding to a proposal by Ms. Dunphy about a meeting in Washington, D.C. to discuss the company. Wilcox was seeking to discuss his business with politicians and other high-ranking officials, including Giuliani.

206. Throughout September and October, 2019, Ms. Dunphy had further discussions with Mr. Wilcox on behalf of Giuliani.

207. Between September and November 2019, Ms. Dunphy had a series of discussions with William Danzell, the Chief Financial Officer of a technology company, who sought to hire Giuliani Partners for consulting work. She discussed this potential project with Giuliani via phone.

208. On September 22, 2019, they spoke via phone to go over his upcoming schedule and the logistics of his meetings that week with the Prime Minister of Libya, the foreign minister of Morocco, the foreign minister of Bahrain, and Iranian clients.

209. On October 22, 2019, Ms. Dunphy received a voicemail from the FBI regarding an investigation they were conducting into Giuliani. The FBI was apparently aware that she was working for Giuliani and sought to interview her. The FBI was clear that Ms. Dunphy was considered a witness and was not a target of the investigation.

210. On November 19, 2019, Ms. Dunphy went to Giuliani’s home office, and they spoke. Giuliani promised Ms. Dunphy that he would officially put Ms. Dunphy on the books and would “straighten it [i.e., her employment situation] out.” Giuliani and Ms. Dunphy discussed Giuliani’s increasing legal concerns, including his fear that Lev Parnas was “turning on him” in connection with the FBI investigation. Ms. Dunphy told him that the FBI had come to her family’s home in Florida that day seeking to question her. Giuliani informed Ms. Dunphy that his friend and private detective, Bo Dietl, had already told him the specific FBI agents who were involved. Ms. Dunphy was concerned that Giuliani was apparently so powerful that his investigators had secret information, including the names of the FBI agents who had just appeared at her family’s Florida home. Giuliani demanded that Ms. Dunphy not talk to or cooperate with the FBI. Giuliani told Ms. Dunphy that they are all “after him” and that one or two of them are “going to get totally destroyed.” This situation made Ms. Dunphy confused and fearful, and added another layer of tension to a work environment that was already outrageously hostile.13

211. The same day, Giuliani told Ms. Dunphy that he was in love with three or four women. He also told her that he was attracted to Christianne Allen, his 20-year-old employee who was more than 50 years his junior. He told Ms. Dunphy that he had “a certain sexual attraction to” Ms. Allen, that he fantasized about her, and that he kissed Ms. Allen on the lips but did not “consummate” the relationship. He said that his attraction to Ms. Allen was “different” from his attraction to Mrs. Ryan or Ms. Dunphy, whom he said he “just could not control” himself around. This conversation was recorded.

212. Giuliani also noted that Mrs. Ryan—who had sought to undermine Ms. Dunphy’s employment with Defendants—had apparently blocked Ms. Dunphy’s number in Giuliani’s cell phone and changed the name of her contact to “fake.” During this conversation, Giuliani reentered Ms. Dunphy’s number in his phone and told Ms. Dunphy that he would change the name for her contact from “fake” to “Faye” because “that’ll screw her [i.e., Mrs. Ryan] up.” This conversation was recorded.

213. Throughout the workday on November 19, 2019, Giuliani insisted that Ms. Dunphy drink alcohol until she became intoxicated. While Giuliani and Ms. Dunphy were working, he initiated aggressive sexual intercourse with Ms. Dunphy. Ms. Dunphy was too intoxicated to consent to intercourse and did not consent to intercourse. During this interaction, he made a comment that he thought of her as his daughter. This comment was recorded. Ms. Dunphy was extremely disturbed by this remark, which was eerily similar to the one he had made on March 4, 2019, as referenced above.

214. During that interaction, Giuliani said to Ms. Dunphy, “You’re my consultant. Just go down on me.” This statement was recorded.

215. On December 17, 2019, Ms. Dunphy and Giuliani again worked together. Giuliani told Ms. Dunphy “You’re so easy to take advantage of,” that he was “crazy” but that he would “always take care of” her. Even so, he warned Ms. Dunphy that Maria Ryan, with whom he was having an affair, “pushed her out.”

216. During the same conversation, Giuliani promised Ms. Dunphy he would get her “some cash.”

217. On January 20, 2020, Giuliani bragged to Ms. Dunphy that President Trump was “acting stupid” while looking at women that Giuliani brought around, and that Melania was so upset that she poked him.

218. On January 22, 2020, Giuliani reiterated to Ms. Dunphy that he would figure out a way to pay her for her work, but that it would have to be in cash.

219. The next day, Giuliani told Ms. Dunphy that he could not pay her in cash until the following week because his divorce was not finalized, and he did not want his ex-wife finding out about “any of this.”

M. Ms. Dunphy Works For Giuliani Remotely In 2020 During The Covid-19 Pandemic, And Giuliani Demands That She Appear Naked During Videoconferences.

220. Starting in around March 2020, the Covid-19 pandemic forced Ms. Dunphy and Giuliani to work remotely. They worked on many business-related matters, including, for example, his image, branding, and social media, and his concern that Maria Ryan was blackmailing him with respect to his conduct related to Ukraine and “paper trails” related to foreign money.

221. During almost every videoconference, Giuliani directed Ms. Dunphy to take her clothes off in front of the camera.

222. Throughout this period, Ms. Dunphy continued to analyze and compile Giuliani’s press clippings and manage his social media pages, and continued working on generating new sources of business for him to pursue once his divorce was over.

223. Giuliani also continued to provide legal advice to Ms. Dunphy.

N. Giuliani Terminates Ms. Dunphy Without Paying Her Promised Wages.

224. By January 2021, Ms. Dunphy still had not been paid what she was promised and owed for the work she had performed for Giuliani and the Giuliani Companies over the course of two years.

225. Giuliani’s failure to pay Ms. Dunphy had become increasingly concerning to her. While he claimed that money was tight, he continued to enjoy a lavish lifestyle that included, upon information and belief, memberships at approximately 16 private clubs, owning five unencumbered homes, traveling by private plane, and spending extravagantly on personal items such as cigars and alcohol.

226. Around this time, Giuliani stated, “When I walked out of the White House on the night before he was going to leave, I could feel pain” and thought, “Well, not gonna be back here for four years. That’s for sure.” Ms. Dunphy understood these comments as an acknowledgment by Giuliani that Donald Trump would be unable to prove that the election had been “stolen,” despite what Giuliani and Trump had been claiming publicly.

227. On January 7, 2021, the day after the January 6 insurrection in Washington, D.C., Ms. Dunphy contacted Giuliani, stating “I feel scared of you, and I don’t want you trying to hurt me…. Now the country has just gone through chaos, and I pray I never see something like that again.”

228. On January 31, 2021, Ms. Dunphy’s employment with the Giuliani Defendants was terminated as informally as it began, in retaliation for her having found the courage to express her fear of him.

229. Giuliani sent Ms. Dunphy a text message stating, “It was a useless call if you write me things like you’re afraid of me and you won’t sue me. There is simply no reason for you to do either and it’s best if we not communicate. You have nothing to be afraid of and nothing to sue me for. I have no desire to be in communication with someone who thinks that. I’m sorry you do, but I can’t indulge your thinking which is totally unjustified. I have no animosity to you. You can feel safe that I would do nothing to hurt you and I feel sorry for you. I had hoped you got over your unjust claims of being afraid and wanting to sue. This is just not a basis for any form of communication. Sorry, I tried to make it sensible.”

230. Giuliani terminated Ms. Dunphy’s employment the same day his long-time mistress and former employee, Maria Ryan, quit her full-time job in New Hampshire.

231. Ms. Dunphy has not performed any work for Giuliani or the Giuliani Companies since January 31, 2021, although she continues to store files, recordings, and information.

232. Ms. Dunphy contacted Giuliani on May 20, 2022 via email to try to “resolve things.” Giuliani did not respond.

233. Ms. Dunphy was extremely successful in her work for Defendants, having generated millions of dollars’ worth of potential business, including from Salem Media, companies producing streaming television series, energy companies, Brighton Health Plan Solutions, insurance firms, Central America Nickel, film producers, and investors for potential litigation funding. Likewise, Ms. Dunphy excelled at the other tasks that were required of her as Giuliani’s assistant and in dealing with his media-related needs. She also procured substantial savings for Defendants by negotiating business-related refunds and deals.

O. Throughout Ms. Dunphy’s Tenure, Giuliani Made Sexist, Racist, And Other Highly Distressing And Offensive Comments Which Created And Added To The Hostile Work Environment.

234. During Ms. Dunphy’s work for Defendants, Giuliani often made outrageous comments that created and added to the hostile work environment that Ms. Dunphy was forced to endure. Ms. Dunphy found these comments revolting, but there was little she could do to stop them given the lack of any Human Resources personnel and the extraordinary degree of control that Giuliani had wielded over her as her boss and lawyer.

235. For example, Giuliani made the comments described below, many of which were recorded:

a. Giuliani made derogatory comments about Jewish men and implied that their penises were inferior due to “natural selection.”

b. Giuliani told Ms. Dunphy that “black guys hit women more than anybody else does… and so do Hispanic guys – it is in their culture.”

c. Giuliani said, “Jews want to go through their freaking Passover all the time, man oh man. Get over the Passover. It was like 3,000 years ago. The red sea parted, big deal. It’s not the first time that happened.”

d. Giuliani made comments about “freakin Arabs” and Jews.

e. Giuliani demeaned and sexualized Hillary Clinton and mocked her body.

f. Giuliani demeaned and sexualized Margaret Thatcher and wondered about the effect she would have on his penis.

g. Giuliani said, “If my life depended on it, if I had to make love to Nancy Pelosi, I couldn’t do it. I’d have to die.”

h. Giuliani referred to employee Vanessa Ryan, who is Maria Ryan’s daughter, as “fat” and said that he felt bad for her because she was fat. He further said he was “trying not to feed” her.

i. Giuliani disparaged a female lawyer because of her breast size.

j. Giuliani made a series of derogatory remarks about the LGBTQ community, including:

i. Giuliani claimed that Mayor Michael Bloomberg “became gay” because his wife left him.

ii. Giuliani named a prominent Republican as gay.

iii. Giuliani used the word “fag” to refer to actor Matt Damon.

iv. Giuliani mocked Senator Elizabeth Warren as “in search of a gender,” stating: “Pocahontas was a really hot babe, and Warren does not look like a babe. She looks like a person in search of a gender.” Giuliani later said he was “very hot” for Warren.

v. Giuliani named a prominent lawyer who he believed would require $10 million for gay sex. Giuliani then insisted that he was the only one of his male friends who would turn down any amount of money to have sex with a man.

k. Giuliani said to Ms. Dunphy, at various times, in statements that were recorded:

i. “I’m gonna make it a little painful.”

ii. “Stick it up your ass.”

iii. “You’re a fucking slut.”

iv. You’re my bitch.

v. “I’m gonna get my cock in there.”

vi. “Be a slut! Be Rudy’s slut!”

vii. Giuliani called Ms. Dunphy a “whore.”

viii. Giuliani said, “I want to own you officially. Legally. With a document.”

ix. “I can’t control myself. I lose control. I think of you all the time. I’m unable to control it. I’m addicted.”

x. “I can’t think about you without getting hard. Even when I think about how smart you are, I get hard.”

xi. Giuliani stated that he would “get in trouble with underage girls” if they were 16 but looked 20.

xii. “I think of you as my daughter. Is that weird?”—which Giuliani said while engaging in sexual contact with Ms. Dunphy.

xiii. Giuliani told Ms. Dunphy that she was “his” and he had purportedly “been too easy on [her].”

236. These statements are just some examples of the inappropriate comments that Giuliani made to Ms. Dunphy while she worked for Defendants. There are many others. These types of comments made Ms. Dunphy extremely uncomfortable and contributed to a hostile work environment.

237. Giuliani’s constant fear of the FBI also contributed to inappropriate demands on Ms. Dunphy as his employee. As discussed above, he demanded that she falsely tell the FBI that she did not know him if they interviewed her. Her refusal to mislead the FBI angered Giuliani and added to the already-hostile working environment in which she was forced to operate.

P. Ms. Dunphy Has Suffered Substantial Damages Due To Giuliani’s And His Companies’ Misconduct.

238. As discussed above, throughout Ms. Dunphy’s employment, she was continually subjected by Giuliani to a hostile work environment, misogynistic, racist and antisemitic communications, constant sexual attacks, threats when she brought up the salary she was owed, and threats when she finally found the courage to confront him with her fears and the possibility of legal action. She had kept her job (and the prospect of being paid) while she was “obedient,” but when she finally protested Giuliani’s mistreatment of her, Giuliani terminated her without notice, without pay, and without discussion.

239. While Ms. Dunphy was working for Defendants, Giuliani’s conduct in isolating her and keeping her employment secret discouraged her from reporting Giuliani’s on-the-job abuses.

240. Ms. Dunphy continues to believe that Giuliani’s network, cronies, and henchmen are vast and powerful, and Ms. Dunphy remains fearful of additional retribution from the Defendants.

241. As a direct result of Defendants’ misconduct as set forth above, Ms. Dunphy has suffered, and continues to suffer severe emotional distress, humiliation, anxiety, and posttraumatic stress disorder, along with irreparable damage to her career.

242. Ms. Dunphy has also been deprived of her lawful wages. She worked for Giuliani and the Giuliani Companies as Director of Business Development and as executive assistant to Giuliani from January 2019 until her termination on January 31, 2021. At the promised salary of $1 million per year, she should have been paid approximately $2 million during her tenure with Giuliani and the Giuliani Companies. But Giuliani only paid her approximately $12,000 in cash and reimbursed some (but not all) of her business expenses, leaving unpaid wages in the amount of approximately $1,988,000.

243. Upon information and belief, Giuliani made small cash payments to Ms. Dunphy to entice her to keep working for him and remain obedient to him in the hopes that she would one day be paid in full, and continue acceding to his demands.

244. As a direct result of Defendants’ wrongful conduct, Ms. Dunphy has been deprived of her wages, and is entitled to liquidated damages, punitive damages, attorneys’ fees, and statutory damages, together with reimbursement for business expenses.
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Re: Trump lashes out at Gov. Doug Ducey following certificat

Postby admin » Tue May 16, 2023 1:51 am

Part 3 of 3

AS AND FOR A FIRST CAUSE OF ACTION

(Crime of Violence Motivated by Gender – New York City Victims of Gender-Motivated Violence Protection Act, N.Y.C. Admin Code § 10-1101 et seq. As Against Giuliani)


245. Ms. Dunphy repeats, reiterates, and re-alleges each and every allegation set forth in the preceding paragraphs as if set forth in full herein.

246. Giuliani’s conduct, including but not limited to, sexual and other assaults (including forcing Ms. Dunphy to perform oral sex on him and forcing Ms. Dunphy to have sexual intercourse with him), constitute “crimes of violence” and “crimes of violence motivated by gender” against Ms. Dunphy as defined by the New York City Gender Motivated Violence Act, N.Y.C. Admin. Code § 10-1101 et seq. (2017).

247. Giuliani’s conduct constitutes crimes of violence against Ms. Dunphy motivated: (i) by her gender; (ii) on the basis of her gender; and/or (iii) due, at least in part, to an animus based on her gender.

248. Giuliani’s gender-motivated animus towards women is demonstrated by, among other things, his sexually abusive treatment of Ms. Dunphy and his comments about women.

249. As a direct and proximate result of the aforementioned conduct, Ms. Dunphy has sustained and will continue to sustain, monetary damages, physical injury, pain and suffering, and serious psychological and emotional distress.

AS AND FOR A SECOND CAUSE OF ACTION
(Battery As Against Giuliani)


250. Ms. Dunphy repeats, reiterates, and re-alleges each and every allegation set forth in the preceding paragraphs as if set forth in full herein.

251. Giuliani engaged in intentional, and nonconsensual touching and committed battery against Ms. Dunphy by: (i) forcing her to perform oral sex on him; (ii) forcing her to have sexual intercourse with him; and (iii) otherwise touching her without her consent.

252. Giuliani’s physical contact with Ms. Dunphy was offensive, harmful and wrongful.

253. Giuliani’s conduct directly and proximately caused harm to Ms. Dunphy, including but not limited to pain and suffering, lasting psychological harm, loss of dignity, and humiliation.

254. Giuliani’s actions constitute sexual offenses as defined in Article 130 of the New York Penal Law, including but not limited to rape in the first degree (§ 130.35), rape in the third degree (§ 130.25) sexual abuse in the first degree (§ 130.65), sexual abuse in the third degree (§ 130.55), sexual misconduct (§ 130.20), and forcible touching (§ 130.52).

255. Ms. Dunphy’s claim for battery is timely under the Adult Survivors Act, N.Y. C.P.L.R. § 214-j.

256. As a direct and proximate result of the aforementioned conduct, Ms. Dunphy has sustained and will continue to sustain, monetary damages, physical injury, pain and suffering, and serious psychological and emotional distress.

AS AND FOR A THIRD CAUSE OF ACTION
(Assault As Against Giuliani)


257. Ms. Dunphy repeats, reiterates, and re-alleges each and every allegation set forth in the preceding paragraphs as if set forth in full herein.

258. Giuliani committed assault against Ms. Dunphy by intentionally threatening or attempting to engage in battery which caused her to apprehend and fear bodily harm or offensive contact of her by Giuliani. Giuliani engaged in imminent physical gestures signifying a threat.

259. Giuliani knew that these acts would cause Ms. Dunphy to apprehend harmful or offensive conduct, and she reasonably apprehended that harmful or offensive conduct would occur. Giuliani was capable of carrying out the attempted or threatened conduct.

260. Giuliani’s conduct caused Ms. Dunphy to live in fear of physical and sexual violence.

261. As a direct and proximate result of the aforementioned acts, Ms. Dunphy has sustained, and will continue to sustain, inter alia, pain and suffering, psychological and emotional distress, humiliation and loss of career fulfillment.

262. Giuliani’s actions constitute sexual offenses as defined in Article 130 of the New York Penal Law, including but not limited to rape in the first degree (§ 130.35), rape in the third degree (§ 130.55) sexual abuse in the first degree (§ 130.65), sexual abuse in the third degree (§ 130.55), sexual misconduct (§ 130.20), and forcible touching (§ 130.52). Ms. Dunphy’s claim for assault is thus timely under the Adult Survivors Act, N.Y. C.P.L.R. § 214-j.

263. As a direct and proximate result of the aforementioned conduct, Ms. Dunphy has sustained and will continue to sustain, monetary damages, physical injury, pain and suffering, and serious psychological and emotional distress.

AS AND FOR A FOURTH CAUSE OF ACTION
(Gender Discrimination and Sexual Harassment Under the New York State Human Rights Law as Against all Defendants)


264. Ms. Dunphy repeats, reiterates and re-alleges each and every allegation set forth in the preceding paragraphs as if fully set forth herein.

265. New York Executive law Section 296(1)(a) provides that: “It shall be an unlawful discriminatory practice… [f]or an employer or licensing agency, because of an individual’s age, race, creed, color, national origin, sexual orientation, gender identity or expression, military status, sex… to refuse to hire or employ or to bar or discharge from employment such individual or to discriminate against such individual in compensation or in terms, conditions, or privileges of employment.”

266. Giuliani and the Giuliani Companies, jointly and severally, were Ms. Dunphy’s employer and Ms. Dunphy was employed by some or all of the Giuliani Companies. Defendants suffered and permitted Ms. Dunphy to perform work for them.

267. Giuliani had the power to control Ms. Dunphy’s work assignments. He directed her to perform work for him and the Giuliani Companies.

268. Among other matters, Giuliani instructed Ms. Dunphy to: 1) work on developing prospective business opportunities for him and the Giuliani Companies, 2) monitor his email account, 3) monitor his social media accounts, 4) handle his travel arrangements, and 5) handle his public relations.

269. Giuliani had the power to hire Ms. Dunphy and terminate Ms. Dunphy’s employment. Giuliani terminated Ms. Dunphy’s employment on or about January 31, 2021.

270. Defendants discriminated against Ms. Dunphy in the terms and conditions of her employment on the basis of her gender in violation of the NYSHRL by subjecting Ms. Dunphy to disparate treatment based upon her gender including, but not limited to, subjecting her to assault, battery, sexual harassment, and a hostile work environment.

271. Ms. Dunphy was subjected to inferior treatment and terms and conditions of her employment because of her gender. Defendants’ conduct altered the condition of Ms. Dunphy’s employment and created an offensive and abusive work environment.

272. Giuliani engaged in sexual and other harassment of Ms. Dunphy and the Giuliani Companies failed to comply with New York State requirements and to prevent sexual harassment by, among other matters, failing to have a compliant non-discrimination policy, failing to train employees such as Giuliani, failing to provide a viable complaint procedure and failing to take preventive action despite Giuliani’s known conduct.

273. Defendants engaged in discriminatory and harassing conduct by creating and permitting the hostile, intolerable, offensive and abusive workplace and permitting Giuliani’s acts.

274. As a direct and proximate result of the discriminatory, harassing, and abusive conduct of the Giuliani Companies, Ms. Dunphy is entitled to compensatory damages including but not limited to future wages, and emoluments of employment, as well as damages for mental anguish and humiliation.

275. Defendants’ conduct was willful and motivated by malice and/or reckless indifference to Ms. Dunphy’s legal rights, entitling her to an award of punitive damages.

276. Defendants are jointly and severally liable for damages including but not limited to compensatory and punitive damages, interest, attorneys’ fees and civil penalties.

AS AND FOR A FIFTH CAUSE OF ACTION
(Hostile Work Environment Animated by Discrimination Under the New York State Human Rights Law as Against all Defendants)


277. Ms. Dunphy repeats, reiterates and re-alleges each and every allegation set forth in the preceding paragraphs as if set forth in full herein.

278. New York State Executive Law § 296, et seq. prohibits discrimination and harassment based on protected categories, including but not limited to being a victim of domestic violence, race, religion, national origin and gender.

279. Throughout her employment, Giuliani subjected Ms. Dunphy to harassing comments based on protected categories. As a result, she was subjected to a pervasively and severely offensive work environment.

280. Along with being subjected to verbal and other sexually abusive conduct, comments and slurs based on gender, she was subjected to a harassing environment based on other protected categories. Throughout her employment, Giuliani continually directed comments to her, including but not limited to offensive racial, antisemitic, and misogynistic slurs, all of which are unquestionably offensive to a reasonable person.

281. As a direct result of this improper hostile and abusive work environment, Ms. Dunphy has suffered and will continue to suffer injury and harm in an amount to be determined at trial, including compensatory and punitive damages, interest, reasonable costs and attorneys’ fees and Defendants are liable, jointly and severally, not only for her damages but also for civil penalties.

AS AND FOR A SIXTH CAUSE OF ACTION
(Retaliatory Discharge Under the New York State Human Rights Law as Against All Defendants)


282. Ms. Dunphy repeats, reiterates and re-alleges each and every allegation set forth in the preceding paragraphs as if set forth in full herein.

283. Defendants, jointly and severally, discriminated against Ms. Dunphy because of her vocal opposition to gender harassment and discrimination.

284. Defendants retaliated against Ms. Dunphy by engaging in adverse employment action against her in retaliation for her complaints, including but not limited to terminating her employment.

285. Defendants’ termination of Ms. Dunphy’s employment followed her statements that she would sue Giuliani and the Giuliani Companies for their treatment of her, including but not limited to based on sexual harassment and gender discrimination.

286. As a result, Ms. Dunphy is entitled to damages, including but not limited to compensatory and punitive damages in an amount to be determined at trial with costs and attorneys’ fees.

AS AND FOR A SEVENTH CAUSE OF ACTION
(Aiding and Abetting Sexual Harassment and Gender Discrimination under the New York State Human Rights Law as Against all Defendants)


287. Ms. Dunphy repeats, reiterates and re-alleges each and every allegation set forth in the preceding paragraphs as if set forth in full herein.

288. New York Executive Law Section 296(6) makes it “an unlawful discriminatory practice for any person to aid, abet, incite, compel or coerce the doing of any of the acts forbidden under this article, or attempt to do so.”

289. Giuliani aided and abetted gender discrimination by conditioning Ms. Dunphy’s continued employment upon her being “obedient” and engaging in sex acts with him.

290. Giuliani made threats that private investigators would retaliate against any woman who tried to report sexual harassment.

291. Giuliani aided and abetted sexual harassment and gender discrimination by his conduct, including but not limited to subjecting Ms. Dunphy to inappropriate sexual touching, making sexual comments about her and about other prominent females, by forcing himself onto Ms. Dunphy when she rebuffed his sexual advances, and by intimidating and threatening her to prevent her from reporting his harassment.

292. The Giuliani Companies had actual knowledge or should have known of the sexual harassment and gender discrimination.

293. The Giuliani Companies aided and abetted gender discrimination by, among other things, failing to comply with their obligations under New York law. These obligations include but not limited to failing to : 1) adopting and/or maintaining and/or distributing and posting and/or follow, required policies and practices for reporting and investigating instances of gender discrimination and harassment, including but not limited to distributing the Giuliani Companies’ sexual harassment policy, 2) requiring all employees (including Giuliani) to complete New York State’s required sexual harassment training, and 3) posting required notices in all work location and regarding reporting sexual harassment. Defendants were legally required to comply with New York requirements concerning discrimination and sexual harassment and, upon information and belief, they had the authority to implement such practices and procedures.

294. As a direct and proximate result of the discriminatory conduct of Defendants, Ms. Dunphy has suffered mental anguish and humiliation, as well as damages from adverse employment actions, including but not limited to loss of future wages, professional opportunities, and other valuable benefits and emoluments of employment.

295. Defendants’ conduct was willful and motivated by malice and/or reckless indifference to Ms. Dunphy’s legal rights, entitling her to an award of punitive damages.

296. Based on the foregoing, Ms. Dunphy is entitled to compensatory and punitive damages together with costs and attorneys’ fees in an amount to be determined at trial, together with interest, and Defendants are liable for civil penalties.

AS AND FOR AN EIGHTH CAUSE OF ACTION
(Sexual Harassment and Gender Discrimination Against a Contractor or Consultant under the New York State Human Rights Law as Against all Defendants)


297. Ms. Dunphy repeats, reiterates and re-alleges each and every allegation set forth in the preceding paragraphs as if set forth in full herein.

298. In the alternative to being an employee, Ms. Dunphy was a contractor or consultant within the meaning of the N.Y.S. Human Rights Law, performing a contract in Defendants’ workplace.

299. Pursuant to N.Y.S. Human Rights Law §296-d, it is an unlawful discriminatory practice for an employer to permit unlawful discrimination upon non-employees in its workplace.

300. Defendants knew or should have known that Ms. Dunphy was subjected to the aforesaid harassment and discrimination in the workplace. Nonetheless, Defendants failed to take immediate and appropriate corrective action.

301. As a result of Defendants’ conduct, Defendants are jointly and severally liable to Ms. Dunphy for monetary damages, physical injury, pain and suffering, and serious psychological and emotional distress, entitling her to an award of compensatory and punitive damages, as well as attorneys’ fees and expenses.

AS AND FOR A NINTH CAUSE OF ACTION
(Gender Discrimination and Sexual Harassment Under the New York City Human Rights Law as Against All Defendants)


302. Ms. Dunphy repeats, reiterates and re-alleges each and every allegation set forth in the preceding paragraphs as if set forth in full herein.

303. New York City Administrative Code Section 8-107(1)(a) provides that: “It shall be unlawful discriminatory practice… [f]or an employer or an employee or agent thereof because of the actual or perceived… gender… to refuse to hire or employ or to bar or to discharge from employment such person or to discriminate against such person in compensation or in terms, conditions or privileges of employment.”

304. Defendants, jointly and severally, were Ms. Dunphy’s employer and Ms. Dunphy was employed by some or all of the Giuliani Companies.

305. A substantial part of the work Ms. Dunphy performed for Defendants took place in New York, New York.

306. Giuliani controlled Ms. Dunphy’s work assignments and directed her to perform work for him and the Giuliani Companies. Among other matters, this work included: 1) securing prospective business ventures for him and the Giuliani Companies, monitoring his email account, 3) monitoring his social media accounts, handling his travel arrangements, and handling his public relations.

307. Giuliani had the power to terminate Ms. Dunphy’s employment and did terminate Ms. Dunphy’s employment on or about January 31, 2021.

308. Giuliani sexually harassed Ms. Dunphy and by his conduct, created a hostile work environment.

309. Defendants discriminated against Ms. Dunphy by treating her less well than male employees on the basis of her sex, including but not limited to by subjecting her to sexual harassment and a hostile work environment and failing to take reasonable measures to prevent sexual harassment and sexual discrimination.

310. Upon information and belief, the Giuliani Companies did not engage in conduct to prevent discriminatory and harassing behavior, including but not limited to complying with legal requirements to avert discriminatory conduct in the workplace.

311. Upon information and belief, Giuliani did not make sexual advances against male employees, or talk with them in a demeaning or derogatory manner.

312. Defendants acquiesced in the discriminatory and harassing conduct by creating and allowing a hostile, intolerable, offensive, and abusive workplace that a reasonable person would consider intimidating, hostile, and abusive.

313. The Giuliani Companies condoned the discriminatory and harassing conduct and did not promptly correct the discriminatory, harassing, and abusive behavior. They were or should have been aware of Giuliani’s misconduct, and the damage it caused to Ms. Dunphy.

314. Defendants’ conduct was willful and motivated by malice and/or reckless indifference to Ms. Dunphy’s legal rights entitling her to an award of punitive damages.

315. As a direct and proximate result of the discriminatory, harassing, and abusive conduct by Defendants, Ms. Dunphy suffered monetary damages, physical injury, pain and suffering, and serious psychological and emotional distress, entitling her to an award of compensatory and punitive damages, as well as attorneys’ fees and expenses.

AS AND FOR A TENTH CAUSE OF ACTION
(Hostile Work Environment Animated by Discrimination Under the New York City Human Rights Law as Against all Defendants)


316. Ms. Dunphy repeats, reiterates and re-alleges each and every allegation set forth in the preceding paragraphs as if set forth in full herein.

317. New York City Admin. Code § 8-107, et seq. prohibits a hostile work environment.

318. Ms. Dunphy was subjected to a severe and pervasive discriminatory work environment where she was not only abused based on her gender, but was also forced to endure offensive racial, antisemitic, and misogynistic slurs directed towards women, including herself and other women.

319. As a direct result of this improper hostile and abusive work environment, Ms. Dunphy has suffered and will continue to suffer injury and harm in an amount to be determined at trial, including reasonable costs and attorneys’ fees and compensatory and punitive damages.

AS AND FOR AN ELEVENTH CAUSE OF ACTION
(Retaliatory Discharge Under the New York City Human Rights Law as Against All Defendants)


320. Ms. Dunphy repeats, reiterates and re-alleges each and every allegation set forth in the preceding paragraphs as if set forth in full herein.

321. Defendants, jointly and severally, discriminated against Ms. Dunphy because of her vocal opposition to gender harassment and discrimination.

322. Defendants retaliated against Ms. Dunphy by engaging in adverse employment action against her in retaliation for her complaints, including but not limited to terminating her employment.

323. As a result, Ms. Dunphy has suffered and will continue to suffer injury and harm in an amount to be determined at trial, including reasonable costs and attorneys’ fees and compensatory and punitive damages.

AS AND FOR AN TWELFTH CAUSE OF ACTION
(Aiding and Abetting Gender Discrimination and Sexual Harassment Under the New York City Human Rights Law as Against All Defendants)


324. Ms. Dunphy repeats, reiterates and re-alleges each and every allegation set forth in the preceding paragraphs as if set forth in full herein.

325. New York City Administrative Code Section 8-107(6) makes it “an unlawful discriminatory practice for any person to aid, abet, incite, compel or coerce the doing of any of the acts forbidden under this article, or attempt to do so.”

326. Giuliani aided and abetted gender discrimination by conditioning Ms. Dunphy’s continued employment upon her being “obedient” and engaging in sex acts with him.

327. Defendants have a policy of intimidating and ignoring female employees’ concern about sexual harassment. Giuliani made threats that private investigators would go after any woman who tried to report sexual harassment.

328. Giuliani aided and abetted sexual harassment and gender discrimination by subjecting Ms. Dunphy to inappropriate sexual touching and sexual comments about her and about other prominent females, by forcing himself onto Ms. Dunphy when she rebuffed his sexual advances, and by making intimidating comments to prevent reporting or correcting the harassing environment.

329. The Giuliani Companies knew or should have known of the illegal conduct, sexual harassment and gender discrimination.

330. The Giuliani Companies aided and abetted gender discrimination by, among other things, failing to adopt and/or maintain and/or publish or post the legally required policies and practices for reporting and investigating instances of gender discrimination and harassment. These include but not limited to providing legally required sexual harassment training to employees, enacting and distributing a legally required sexual harassment policy, and posting a legally required notice in all workspaces including office locations and Giuliani’s apartment.

331. As a direct and proximate result of Defendants’ discriminatory conduct, Ms. Dunphy has suffered mental anguish and humiliation, as well as adverse employment consequences, including loss of future wages, professional opportunities, and other valuable benefits and emoluments of employment.

332. Defendants’ conduct was willful and motivated by malice and/or reckless indifference to Ms. Dunphy’s legal rights, entitling her to an award of punitive damages.

333. As a result of the foregoing, Ms. Dunphy is entitled to compensatory and punitive damages together with reasonable costs and attorneys’ fees in an amount to be determined at trial.

AS AND FOR AN THIRTEENTH CAUSE OF ACTION
(Sexual Harassment and Gender Discrimination Relating to Freelancers and Contractors under the New York City Human Rights Law as Against all Defendants)


334. Ms. Dunphy repeats, reiterates and re-alleges each and every allegation set forth in the preceding paragraphs as if set forth in full herein.

335. In the alternative to being an employee, Ms. Dunphy was a contractor or freelancer within the meaning of the N.Y.C. Human Rights Law, performing a contract in Defendants’ workplace.

336. Pursuant to NYC. Human Rights Law § 8-107 (23), it is an unlawful discriminatory practice for an employer to permit discrimination against freelancers and contractors.

337. Defendants knew or should have known that Ms. Dunphy was subjected to the aforesaid harassment and discrimination in the workplace. Nonetheless, Defendants failed to take appropriate corrective action.

338. As a result of Defendants’ conduct, Defendants are jointly and severally liable to Ms. Dunphy for monetary damages, physical injury, pain and suffering, and serious psychological and emotional distress, entitling her to an award of compensatory and punitive damages, as well as attorneys’ fees and expenses.

AS AND FOR A FOURTEENTH CAUSE OF ACTION
(Breach of Contract as Against All Defendants)


339. Ms. Dunphy repeats, reiterates and re-alleges each and every allegation set forth in the preceding paragraphs as if set forth in full herein.

340. Giuliani and Ms. Dunphy formed an oral agreement that, inter alia, provided that Ms. Dunphy would receive a salary of $1 million per year from Giuliani and the Giuliani Companies for her role as Director of Business development and executive assistant to Giuliani, together with reimbursement for her business-related expenses.

341. Giuliani and Ms. Dunphy agreed that Ms. Dunphy’s salary would be deferred until Giuliani’s divorce was finalized, which Giuliani told Ms. Dunphy would be “any day.”

342. This agreement constitutes an enforceable contract.

343. Ms. Dunphy performed under the contract, including, without limitation, by investing substantial time into developing business revenue sources for the Giuliani Companies, managing Giuliani’s personal travel, public relations, email account, social media, and more.

344. Upon information and belief, Mr. Giuliani’s divorce is and has been finalized.

345. Defendants reimbursed Ms. Dunphy for some but not all of her business-related expenses.

346. Ms. Dunphy duly demanded payment, but Defendants failed to pay her salary.

347. Defendants, jointly and severally, breached the contract by failing and refusing to pay Ms. Dunphy the salary that she is owed after two years of work for Giuliani and the Giuliani Companies, together with her expenses.

348. In view of the foregoing, Ms. Dunphy is entitled to damages in an amount to be determined at trial.

AS AND FOR A FIFTEENTH CAUSE OF ACTION
(Violation of New York Labor Law – Minimum Wage As Against All Defendants)


349. Ms. Dunphy repeats, reiterates, and re-alleges each and every allegation set forth in the preceding paragraphs as if set forth in full herein.

350. Defendants suffered and permitted Ms. Dunphy to perform work on their behalf from January 21, 2019 through January 31, 2021.

351. Ms. Dunphy performed work for Defendants for no less than forty hours per week from the date of her hire to the date of her termination.

352. Defendants failed to keep records of the hours that Ms. Dunphy worked for the Defendants.

353. Defendants failed to pay Ms. Dunphy wages for the hours she worked at the minimum wage required under New York’s Labor laws.

354. Pursuant to New York Labor Law §§ 198 and 663, Defendants are jointly and severally liable to Ms. Dunphy in the amount of minimum wage compensation she was due under New York Labor Law § 652 and New York Compilation of Codes, Rules and Regulations, Title 12, Section 142-2.1, for all hours she worked, together with liquidated damages equal to 100% of the total amount of the wages found to be due, together with attorneys’ fees and costs, and interest.

AS AND FOR A SIXTEENTH CAUSE OF ACTION
(Violation of New York Labor Law – Overtime Claim As Against All Defendants)


355. Ms. Dunphy repeats, reiterates, and re-alleges each and every allegation set forth in the preceding paragraphs as if set forth in full herein.

356. New York Labor Law § 160 and 12 NYCRR § 142-2.2 require employers to compensate their employees at a rate not less than one and one-half times their regular rate of pay for all hours worked in excess of 40 hours per workweek.

357. Defendants suffered and permitted Ms. Dunphy to perform work on their behalf which regularly totaled more than 40 hours per week.

358. Defendants failed to pay Ms. Dunphy overtime pay for the hours that Ms. Dunphy worked over 40 per week.

359. Defendants failed to keep records of the hours that Ms. Dunphy worked for the Defendants.

360. Ms. Dunphy is entitled to her overtime pay for all hours worked in excess of forty per week at one and one-half times her regular rate.

361. Ms. Dunphy is also entitled to liquidated damages, interest, and attorneys’ fees for Defendants’ violations of the New York Labor Law.

AS AND FOR A SEVENTEENTH CAUSE OF ACTION
(Violation of New York Labor Law for Failure to Provide Notice and Acknowledgement of Wage Rate As Against All Defendants)


362. Ms. Dunphy repeats, reiterates and re-alleges each and every allegation set forth in the preceding paragraphs as if set forth in full herein.

363. Defendants failed to provide Ms. Dunphy with an accurate Notice and Acknowledgement of Wage Rate as required by New York Labor Law § 195(1) and (2).

364. As a result, Defendants are liable for statutory fees and penalties pursuant to New York Labor Law § 198, together with reasonable attorneys’ fees.

AS AND FOR AN EIGHTEENTH CAUSE OF ACTION
(Violation of New York Labor Law for Failure to Provide Wage Statements As Against All Defendants)


365. Ms. Dunphy repeats, reiterates, and re-alleges each and every allegation set forth in the preceding paragraphs as if set forth in full herein.

366. Defendants failed to provide accurate and timely wage statements as required by New York Labor Law § 195(3).

367. As a result, Defendants are liable for statutory fees and penalties pursuant to New York Labor Law § 198, together with reasonable attorneys’ fees.

AS AND FOR A NINETEENTH CAUSE OF ACTION
(Unjust Enrichment As Against All Defendants)


368. Ms. Dunphy repeats, reiterates, and re-alleges each and every allegation set forth in the preceding paragraphs as if set forth in full herein.

369. As discussed in detail above, Ms. Dunphy performed work for Giuliani and the Giuliani Companies from January 21, 2019 through January 31, 2021.

370. Ms. Dunphy invested substantial time and effort to create new streams of revenue for the Giuliani Companies as Director of Business Development.

371. Ms. Dunphy also invested substantial time and effort into arranging Giuliani’s travel, managing his email account and schedule, managing his social media accounts, obtaining new business opportunities for him and managing his public relations as Giuliani’s personal executive assistant.

372. Ms. Dunphy’s work for and on behalf of Giuliani and the Giuliani Companies resulted in the Defendants obtaining significant and valuable benefits.

373. Giuliani and the Giuliani Companies have failed to compensate Ms. Dunphy for her work for and on behalf of Giuliani and the Giuliani Companies.

374. It would be against equity and good conscience to permit Giuliani and the Giuliani Companies to retain the benefits of Ms. Dunphy’s labor, while failing to compensate Ms. Dunphy.

375. In view of the foregoing, Ms. Dunphy is entitled to actual, presumed, punitive, and other damages in an amount to be determined at trial.

AS AND FOR A TWENTIETH CAUSE OF ACTION
(Quantum Meruit As Against All Defendants)


376. Ms. Dunphy repeats, reiterates, and re-alleges each and every allegation set forth in the preceding paragraphs as if set forth in full herein.

377. Relying on Giuliani’s promise to pay $1 million per year in deferred payments, Ms. Dunphy performed substantial services for Giuliani and the Giuliani Companies, several examples of which are detailed above.

378. Giuliani and the Giuliani Companies knowingly accepted Ms. Dunphy’s services.

379. Ms. Dunphy had a reasonable expectation that she would be compensated for the services she provided to the Giuliani Companies including, but without limitation, her deferred pay as Director of Business Development and executive assistant to Giuliani.

380. Giuliani and the Giuliani Companies have failed and refused to pay Ms. Dunphy for her services rendered.

381. In view of the foregoing, Ms. Dunphy is entitled to actual, presumed, punitive, and other damages in an amount to be determined at trial.

AS AND FOR A TWENTY-FIRST CAUSE OF ACTION
(Violation of the Freelance Isn’t Free Act As Against All Defendants)


382. Ms. Dunphy repeats, reiterates, and re-alleges each and every allegation set forth in the preceding paragraphs as if set forth in full herein.

383. N.Y.C. Admin. Code § 20-928 provides that “[w]henever a hiring party retains the services of a freelance worker and the contract between them has a value of $800 or more, either by itself or when aggregated with all contracts for services between the same hiring party and freelance worker during the immediately preceding 120 days, the contract shall be reduced to writing.”

384. NYC Admin. Code § 20-927 defines “freelance worker” as “any neutral person or organization composed of no more than one natural person, whether or not incorporated or employing a trade name, that is hired or retained as an independent contractor by a hiring party to provide services in exchange for compensation.”

385. In the event that Ms. Dunphy is found to not have been an employee and, in the alternative, pursuant to N.Y.C. Admin. Code § 20-927, Ms. Dunphy was a freelance worker in that she was hired or retained by Giuliani and the Giuliani Companies to provide services in exchange for compensation.

386. N.Y.C. Admin Code 20-927 defines “hiring party” as “any person who retains a freelance worker to provide any service…”

387. Giuliani and the Giuliani Companies were hiring parties within the meaning of the statute because they retained and received Ms. Dunphy’s services.

388. Giuliani and the Giuliani Companies agreed to pay Ms. Dunphy $1 million per year for her work.

389. Giuliani and the Giuliani Companies failed to provide Ms. Dunphy with a written contract despite their agreement to pay her more than $800 for her work.

390. Ms. Dunphy performed the work she agreed to perform but was not paid by Defendants for her work.

391. Pursuant to N.Y.C. Admin. Code § 20-933(2)(b) Ms. Dunphy is entitled to double damages and payment of attorneys’ fees.

AS AND FOR A TWENTY-SECOND CAUSE OF ACTION
(Breach of Fiduciary Duty as Against Giuliani)


392. Ms. Dunphy repeats, reiterates, and re-alleges each and every allegation set forth in the preceding paragraphs as if set forth in full herein.

393. A relationship of trust and confidence existed between Ms. Dunphy and Giuliani as a result of their attorney-client relationship.

394. A relationship of trust and confidence existed between Ms. Dunphy and Giuliani as a result of their employer-employee relationship.

395. Giuliani owed Ms. Dunphy fiduciary duties of good faith, fidelity and undivided loyalty, and knew and was aware that Ms. Dunphy was relying on him to represent her interests, to pay her deferred salary, that Giuliani was in a superior position, and that Ms. Dunphy depended upon him to treat her fairly and disinterestedly.

396. Giuliani took advantage of Ms. Dunphy’s reliance on him to manipulate her into an unwanted sexual relationship.

397. Giuliani also neglected his duties of good faith, fidelity, and undivided loyalty by acting in his own self-interest while rendering Ms. Dunphy’s personal needs and interest subservient.

398. As a direct and proximate result of Giuliani’s breach of his fiduciary duties, Ms. Dunphy has been damaged in an amount to be determined at trial. Moreover, Giuliani’s actions were willful and wanton and constituted a public wrong sufficient to warrant punitive damages.

PRAYER FOR RELIEF

WHEREFORE, Ms. Dunphy respectfully requests that the Court enter judgment in her favor, and against Defendants, in an amount not less than ten million dollars ($10,000,000.00), as follows:

(1) On the First Cause of Action, compensatory and punitive damages, as well as attorneys’ fees and expenses, in an amount to be determined at trial.

(2) On the Second Cause of Action, an award of compensatory and punitive damages, in an amount to be determined at trial.

(3) On the Third Cause of Action, an award of compensatory and punitive damages, in an amount to be determined at trial.

(4) On the Fourth Cause of Action, an award of compensatory and punitive damages, as well as attorneys’ fees and expenses in an amount to be determined at trial, together with civil penalties.

(5) On the Fifth Cause of Action, an award of compensatory and punitive damages, as well as attorneys’ fees and expenses in an amount to be determined at trial, together with civil penalties.

(6) On the Sixth Cause of Action, an award of compensatory and punitive damages with costs and attorneys’ fees in an amount to be determined at trial together with civil penalties.

(7) On the Seventh Cause of Action, an award of compensatory and punitive damages with costs and attorneys’ fees in an amount to be determined at trial together with civil penalties.

(8) On the Eighth Cause of Action, an award of compensatory and punitive damages with costs and attorneys’ fees in an amount to be determined at trial together with civil penalties.

(9) On the Ninth Cause of Action, an award of compensatory and punitive damages with costs and attorneys’ fees in an amount to be determined at trial together with civil penalties.

(10) On the Tenth Cause of Action, an award of compensatory and punitive damages with costs and attorneys’ fees in an amount to be determined at trial together with civil penalties.

(11) On the Eleventh Cause of Action, an award of compensatory and punitive damages with costs and attorneys’ fees in an amount to be determined at trial together with civil penalties.

(12) On the Twelfth Cause of Action, an award of compensatory and punitive damages with costs and attorneys’ fees in an amount to be determined at trial together with civil penalties.

(13) On the Thirteenth Cause of Action, an award of compensatory and punitive damages with costs and attorneys’ fees in an amount to be determined at trial together with civil penalties.

(14) On the Fourteenth Cause of Action, an award to be determined at trial of not less than Two Million Dollars, plus interest, less minimal cash payments, plus expenses.

(15) On the Fifteenth Cause of Action an award of minimum wage compensation she was due under New York Labor Law § 652 and New York Compilation of Codes, Rules and Regulations, Title 12, Section 142-2.1, together with liquidated damages equal to 100% of the total amount of the wages found to be due, together with attorneys’ fees and costs, and interest in an amount to be determined at trial.

(16) On the Sixteenth Cause of Action an award of overtime pay for all hours worked in excess of forty per week at one and one-half times her regular rate, together with liquidated damages, interest, and attorneys’ fees in an amount to be determined at trial;

(17) On the Seventeenth Cause of Action, an award of statutory fees and penalties pursuant to New York Labor Law § 198, together with reasonable attorneys’ fees.

(18) On the Eighteenth Cause of Action, an award of statutory fees and penalties pursuant to New York Labor Law § 198, together with reasonable attorneys’ fees.

(19) On the Nineteenth Cause of Action, an award of actual, presumed, punitive, and other damages in an amount to be determined at trial.

(20) On the Twentieth Cause of Action, an award of actual, presumed, punitive, and other damages in an amount to be determined at trial.

(21) On the Twenty-First Cause of Action, an award to be determined at trial of not less than Two Million Dollars, plus interest, less minimal cash payments, plus expenses.

(22) On the Twenty-Second Cause of Action, an award of compensatory and punitive damages, in an amount to be determined at trial.

(23) Awarding to Ms. Dunphy all costs, disbursements, fees, and interest as authorized by applicable law; and

(24) Awarding to Ms. Dunphy such other and additional remedies as the Court may deem just and proper.

Dated: Brooklyn, New York
May 15, 2023

ABRAMS FENSTERMAN, LLP
/s/ Justin T. Kelton
Justin T. Kelton
Sharon P. Stiller
Amanda P. Small
1 MetroTech Center, Suite 1701
Brooklyn, NY 11201
Tel: (718) 215-5300 x 501
Fax: (718) 215-5304
Email: jkelton@abramslaw.com
Email: sstiller@abramslaw.com
Email: asmall@abramslaw.com
Attorneys for Plaintiff Noelle Dunphy

_______________

Notes:

1 As discussed further below, Giuliani gave Ms. Dunphy permission to record their interactions.

2 Ms. Dunphy was granted permission to proceed under the pseudonym Jane Doe in that lawsuit.

3 Upon information and belief, Giuliani’s law licenses have been suspended in New York and Washington, D.C.

4 https://www.dailymail.co.uk/news/articl ... ssistants- married-mother.html

5 https://abcnews.go.com/GMA/story?id=126961&page=1; see also https://nypost.com/2000/05/11/former-ru ... areferred- to/

6 https://www.nydailynews.com/news/politi ... r-leblanc- 20180613-story.html

7 When Giuliani made this job offer to Ms. Dunphy, Giuliani understood that Ms. Dunphy would be financially reliant on him and the Giuliani Companies—particularly since Giuliani required that Ms. Dunphy be available 24/7, leaving no time for her to pursue any other source of employment or income.

8 Ms. Dunphy was surprised to learn during the discussion that Giuliani did not know what a podcast was, so she educated him about podcasts.

9 Giuliani stored emails relating to these schemes on Ms. Dunphy’s computer.

10 Giuliani often discussed this while comparing himself to Chuck Rhoades, the fictional U.S. Attorney for the Southern District of New York on the Showtime series Billions, who enjoyed such conduct. Giuliani bragged that the character Chuck Rhoades—a deeply flawed character who wildly abuses his power—was inspired by him.

11 Giuliani never made the promised payments.

12 Ms. Dunphy had encouraged him to register, but he refused because he claimed, “I have immunity.”

13 From this point on, Giuliani often spoke to Ms. Dunphy about he FBI’s investigation of him, and Ms. Dunphy understood that participating in these discussions was part of her work for him. He told her that if the FBI sought to interview her, she should “not remember” anything, and should claim that she did not know Giuliani. Ms. Dunphy refused to agree to lie to the FBI, which angered Giuliani.
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Re: Trump lashes out at Gov. Doug Ducey following certificat

Postby admin » Tue May 16, 2023 8:37 am

Evil Mermaids, Demons, and Donald: This Pro-Trump Conference Got Real Weird: Both Pastors for Trump and Re-Awaken America took over Trump’s Miami property this past weekend. It was strange — and terrifying
by Tim Dickinson
Rolling Stone
MAY 15, 2023
https://www.rollingstone.com/politics/p ... 234735924/



Image
Gen. Mike Flynn speaks at the Pastors for Trump event Friday, May 12, at Donald Trump's Doral property, which also hosted the Re-Awaken America tour. COURTESY PHOTO

TRUMP PROPHESIES. “DEMONIC” Democrats. Totalitarian threats. And predictions of combat with mermaids(?!). The Trump Doral was a hive of far-right and religious extremism this past weekend. And whatever doesn’t weird you out, should freak you out.

Trump’s Miami property played host to a one-two punch of reunions for Pastors For Trump — the charismatic evangelical body hyping up the Trump ‘24 campaign as a gift from the Lord — and the Re-Awaken America tour, the traveling MAGA circus that platforms retired Gen. Mike Flynn and an unhinged band of shofar-bleaters, conspiracy theorists, and zealots who relate their visions of the spirit world.

Both of these groups have previously operated with tacit support from Donald Trump, but this was the first time that either group had staged their hijinks at a property owned by the former president, or appeared jointly. Trump himself called into the ReAwaken proceedings to laud Flynn and give his well wishes to the throngs of his admirers at Doral.

Pastors for Trump kicked off the proceedings in a Doral ballroom on Friday night. The group’s Tulsa-based leader, Jackson Lahmeyer, painted the nation’s politics in dark, biblical terms, asserting the devil has seized control of one-half our two-party system. “This is one of the worst points our nation has ever faced,” Lahmeyer said, condemning what he called “gender confusion” and “moral confusion.”

“Satan, right now has an entire political party in this nation doing his bidding — for free,” Lahmeyer told the crowd, referring to the Democratic party, whose president, in truth, is an observant Catholic. “The battle that we are in is one that is between good and evil,” Lahemeyer added before leading the assembly in a prayer. “Our nation knows a God who rescues his people, when we find ourselves in trouble. We lift up President Donald Trump, and we ask that You would give him divine wisdom.”

When pastor Craig Hagin, another Oklahoma preacher, took the podium, he felt he needed to “dispel a few rumors” that he blamed on the “mainstream media” in light of the group’s over-the-top devotion to the 45th president. “I want to go on the record that at Pastors for Trump, we do not worship Donald Trump,” he said. “We only worship Jesus Christ.”

Soon a “prophetic” voice took the stage. Stacy Whited is Christian nationalist media personality whose podcast is called “The Prophetic Report.” Whited delivered hope to the Trumpy insisting that 45 is fated to return to the White House: “President Trump will be back for a second term,” Whited insisted. She also told the audience to prepare to get rich — because there is a great “transference of wealth from the wicked to the righteous” coming. She added: “imagine when we partner with God, the Creator of the universe, what we’re going to do with this money.”

In his own remarks to the Pastors for Trump crowd, Flynn echoed Lahmeyer’s declarations about good and evil. But he added a totalitarian twist: “If you haven’t figured this out yet, the evil that we are facing will not give in until we take over,” he said.

The weekend ReAwaken America convention built seamlessly on the Friday-night zaniness of Pastors for Trump. (The two groups are, themselves, linked; Clay Clark — the organizer of the ReAwaken tour — is a member of the Tulsa church of Pastors for Trump leader Lahmeyer. Both men revere Flynn as “America’s general.”)

In his appearance on the main stage, Flynn took a call on his iPhone from Donald Trump, who directed him “to stay healthy because we’re bringing you back.” This seemed to be a pledge to give the disgraced general a place in any new Trump administration. (Rolling Stone reported last week that Trump has been privately planning to appoint Flynn to a top post if he’s reelected.)

Image
Ron Filipkowski
@RonFilipkowski · Follow
After he canceled his Iowa rally, Trump calls in to the ‘Reawaken America’ QAnon rally tonight and tells Michael Flynn that he will be bringing him back in his next Administration.
6:59 PM · May 13, 2023


The presidentially pardoned Flynn appeared anything but chastened from his first, criminal stint as a Trump adviser. Appearing on stage with fellow-former Trump aide Peter Navarro, and invoking the nation’s founding, Flynn declared of himself and Navarro: “We’re probably going to go to the firing squad someday.” (Flynn backpedaled only somewhat adding: “I say that a bit tongue-in-cheek, but that’s what we’re up against.”)

Pastor Mark Burns, a Black preacher who is making a name for himself in MAGAworld, gave a strange speech in which he suggested that Christians should not turn the other cheek, when confronted by wicked forces, rather prepare to “smack them back two times harder.” Burns told the crowd of this nation: “The bible says we take it by force.” And he insisted that the “only man that God has annointed” in the 2024 race is “Donald! J! … ” (Burns left it to the crowed to holler out “Trump!”)

Julie Green, another leading MAGA “prophet,” renowned for falsely predicting that Prince Charles would murder his mother to seize the British Royal crown, told the ReAwaken crowd that God had revealed to her the imminent downfall of the current president. “The removal of The Biden is coming,” Green insisted. “That’s what the Lord is saying.” Picking up on the theme of violence, Green also described the nation as in the midst of another “Revolutionary War.”

In by far the strangest performance of the whacked out weekend at Doral, yet another prophet, Amanda Grace, suggested that the warfare will be both spiritual and physical — and that the enemy will be unfamiliar, involving strange, “seducing spirits.”

“I have never seen more images of more mermaids and water people in my life,” Grace told the crowd, elaborating that these aquatic forces are “a division in the kingdom of darkness.” Underscoring the danger, Grace insisted that that these mer-people are “highly technologically advanced.”

“We have to understand the rules of engagement in spiritual warfare. And we are meant for hand to hand combat,” Grace instructed. “We are meant to bring our cries before the throne of God to bring judgment on the rulers of darkness of this world,” she added. “Because the rulers have set up a throne in this nation.”

“Darkness,” Grace insisted, “has completely covered and eclipsed the White House.”

Image
PatriotTakes
@patriottakes · Follow
At Trump Doral, Prophet Amanda Grace warned of technologically advanced “mermaids and water people” spreading perversion and told the crowd, “we are meant for hand to hand combat.”
4:02 PM · May 14, 2023


********************

Amanda Grace Talks: A Profound and Prophetic Connect-the-Dots
Ark Of Grace Ministries
Streamed live on Apr 18, 2023
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Address, "The President and the Press," Before The American Newspaper Publishers Association, 27 April 1961, is pubic domain content.
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Re: Trump lashes out at Gov. Doug Ducey following certificat

Postby admin » Thu May 18, 2023 8:13 am

Bill Barr refuses to say Trump & Giuliani wouldn’t sell pardons
by Lawrence O'Donnell
MSNBC
May 17, 2023 #msnbc #giuliani #trump

MSNBC’s Lawrence O’Donnell analyzes new comments from former Attorney General William Barr about the civil lawsuit filed against Rudy Giuliani, which alleges that he and former President Donald Trump conspired to sell pardons for $2 million dollars and split the profits.



Transcript

I'M HERE, AREN'T?
I >> THANK, YOU.
>> HAVE A GOOD NIGHT.
>> I GET THE JOKE.
>> THANKS ALEX, THANK YOU.
WELL, IF YOU'RE TUNING INTO
THIS PROGRAM IN THE HOPE THAT
FOR THE THIRD NIGHT IN A ROW I
WILL BEGIN BY READING NEW
PASSAGES OF A 69-PAGE CIVIL
COMPLAINT AND A LAWSUIT FILED
IN MANHATTAN ON MONDAY ACCUSING
RUDY GIULIANI OF SEXUAL ASSAULT,
WITHHOLDING WAGES, FEDERAL
INCOME TAX EVASION, AND SELLING
CONDOS FOR TWO BILLION DOLLARS
WHICH HE SOUL SPLIT WAS ON
TRUMP.
I AM SORRY.
GLASS TONIGHT I HAVE READ TO
YOU ALL OF THE MOST IMPORTANT
PASSAGES IN THAT 69-PAGE
COMPLAINT THAT I CAN ACTUALLY
SAY ON TELEVISION.
AS GROTESQUE AS MOST OF WHAT I
HAVE ALREADY READ TO YOU THIS
WEEK SOUNDS, IT DOES NOT
INCLUDE THE MOST GRAPHIC PARTS
OF THE COMPLAINT.

GIULIANI HAS STAYED ABSOLUTELY
SILENT FOR THE NOW MORE THAN 48
HOURS THAT THESE WRITTEN
ACCUSATIONS WERE MADE PUBLIC IN
COURT.
ON MONDAY AFTERNOON A
SPOKESPERSON FOR GIULIANI
ISSUED A WRITTEN STATEMENT
SAYING THAT HE DENIES THE
ACCUSATIONS.
THAT'S IT.
IF YOU ARE WONDERING WHY THERE
HASN'T BEEN MUCH MORE COVERAGE
OF THIS LAWSUIT ON TELEVISION,
IN MIGHT BE BECAUSE THERE ARE
SO FEW PARTS OF THE COMPLAINT
THAT CAN ACTUALLY BE READ ON
TELEVISION.

THE MOST SERIOUS ACCUSATION IN
THE DOCUMENT THAT INCLUDES
DONALD TRUMP IS ABOUT SELLING
PARDONS FOR $2 MILLION DURING
THE TRUMP PRESIDENCY.
AS I MENTIONED MONDAY, WHEN I
READ THAT PASSAGE TO YOU, IT
APPEARS ON THE SAME PAGE ON THE
COMPLAINT WHERE THERE IS A
SCREENSHOT OF RUDOLPH
GIULIANI'S TEXT TO HIS EMPLOYEE,
NOEL DAME FEE, WHO IS SUING HIM,
SAYING, CAN I SHOWER WITH YOU?
ON THE TOP OF THAT PAGE IS THE
STORY ABOUT THE 2 MILLION
DOLLAR PARDONS.
QUOTE, GIULIANI ALSO ASKED MS.
NOELLE DUNPHY IF YOU KNEW
ANYONE ELSE WHO NEEDED PARDON,
AS HE WAS SELLING FOR $2
MILLION.
HE TOLD MS. NOELLE DUNPHY THAT
SHE COULD REFER INDIVIDUAL
SEEKING PARDONS TO HIM SO LONG
AS THEY DID NOT GO THROUGH THE
NORMAL CHANNELS OF THE OFFICE
OF THE PARDON ATTORNEY, BECAUSE
CORRESPONDENTS GOING INTO THAT
OFFICE WOULD BE SUBJECT TO
DISCLOSURE UNDER THE FREEDOM OF
INFORMATION ACT.
RUDOLPH GIULIANI HAS LET THAT
ACCUSATION SIT FOR OVER TWO
FULL DAYS NOW WHILE HE
MAINTAINS COMPLETE SILENCE
ABOUT IT.
DONALD TRUMP'S LAST SENATE
CONFIRMED ATTORNEY GENERAL WAS
ASKED ABOUT THE POSSIBILITY OF
RUDOLPH GIULIANI SELLING 2
MILLION DOLLAR PARDONS.
AND HE DIDN'T EXACTLY OFFER A
STRONG DEFENSE.
>> I WANT TO ASK YOU TO MORE
THINGS.
A 70-PAGE COMPLAINT WAS FILED
IN STATE COURT NEW YORKER
MONDAY.
THIS IS SOMEONE WHO WORKS RUDY
GIULIANI, WHO ALLEGES NOT ONLY
SEXUAL ASSAULT AND HARASSMENT
BOUGHT THAT SHE HAS EVIDENCE
THAT HE TRIED TO SELL PARDONS
FOR $2 MILLION APIECE WHICH HE
AND PRESIDENT TRUMP WOULD
SPLIT.
DO YOU THINK THAT IS POSSIBLE?
>> I AM SKEPTICAL ABOUT THAT.
I DON'T THINK RUDY GIULIANI
WOULD DO THAT.
I HOPE HE WOULDN'T.
BUT I DON'T KNOW.
>> I DON'T KNOW?
I HOPE HE WOULDN'T?
BUT?
I DON'T KNOW?
WHAT WILLIAM BARR KNOWS RUDOLPH
GIULIANI WELL.
WILLIAM BYRON KNOWS DONALD
TRUMP WELL.
AND WHEN ASKED IF THOSE TWO
COULD HAVE TEAMED UP TO SELL 2
MILLION DOLLAR PARDON SPLIT THE
MONEY, WILLIAM BYRON BARS
ANSWER IS, I DON'T KNOW.
ASKED THAT QUESTION TO ANY
OTHER ATTORNEY GENERAL WHO WAS
NOT APPOINTED BY DONALD TRUMP
OR RICHARD NIXON AND HE WOULD
GET A VERY VERY STRONG ANSWER
TO THAT ACCUSATION, A VERY
STRONG DEFENSE AGAINST AN
ACCUSATION LIKE THAT.
BUT TO THE QUESTION WAS RUDY
GIULIANI SELLING PARDONS $2
MILLION IS SPLITTING THE MONEY
WITH DONALD TRUMP, WILLIAM
BARR'S BEST ANSWER, AS WE SAW
HIM THINK ABOUT IT, PAUSE, AND
THINK ABOUT, IT HIS BEST ANSWER
IS, I DON'T KNOW.
DON TRUMP'S ANSWER TO QUESTIONS
ON CNN LAST WEEK MIGHT HAVE
PROVOKED ONE OF HIS LAWYERS TO
QUIT.
ABOUT THE DOCUMENTS THE FBI
SEIZED THE SEARCH WARRANT FROM
DONALD TRUMP'S RESIDENCE IN
FLORIDA THE DON'T TRUMP SAID I
TOOK THE DOCUMENTS, I AM
ALLOWED TO.
HE ACTUALLY SAID THOSE WORDS.
TODAY, TIMOTHY ONE --
, OF THE LAWYERS DEFENDING
DONALD TRUMP IN JACK SMITH'S
SPECIAL INVESTIGATION, QUIT.
JACK SMIC SERVED A SUBPOENA ON
HIM THE FORCED HIM TO TESTIFY
TO THE GRAND JURY.
LAST MONTH IN A LETTER TO
REPUBLICAN-CONTROLLED HOUSE
COMMITTEE, THIS LAWYER SAID THE
DOCUMENTS ENDED UP IN FLORIDA
BY ACCIDENT.
IT WAS JUST A MISTAKE.
HE CLAIMED THAT THE TRUMP STAFF,
QUOTE, QUICKLY PACKED
EVERYTHING INTO BOXES AND SHIP
THEM TO FLORIDA.
HE CLAIMED THAT NONE OF THE
CLASSIFIED DOCUMENTS ENDED UP
AT THE TRUMP FLORIDA RESIDENTS
BECAUSE OF, QUOTE, INTENTIONAL
DECISIONS BY PRESIDENT TRUMP.
DONALD TRUMP TURNED THAT LETTER
INTO A LIE ON CNN LAST WEEK
WHEN HE SAID I TOOK THE
DOCUMENTS.
I'M ALLOWED TO.
DONALD TRUMP, IN EFFECT,
REPEATEDLY LABELED THAT LAWYERS
LATTER, THAT WAS SENT TO
CONGRESS, AS FALSE.
>> WHY DID YOU TAKE THOSE
DOCUMENTS WITH YOU WHEN YOU AT
THE WHITE HOUSE?
>> I HAD EVERY RIGHT TO UNDER
THE PRESIDENTIAL RECORDS ACT.
YOU HAVE THE PRESIDENTIAL
RECORDS ACT I WAS THERE, I TOOK
WHAT I TOOK, AND GETS
DECLASSIFIED.
>> WHY DID YOU NOT TURN THEM
OVER WHEN YOU GOT A SUBPOENA?
>> BECAUSE WE WERE NEGOTIATING
WITH THEM.
AND BY THE WAY, THEY BECOME
AUTOMATICALLY DECLASSIFIED WHEN
I TOOK THEM.
>> AND NOW, THE LAWYER WHO'S
LETTER TO CONGRESS COMPLETELY
DISAGREES WITH THAT HAS QUIT.
THE AUTOMATICALLY DECLASSIFIED
DEFENSE IS APPARENTLY UNDER
MORE STRESS THAN EVER TONIGHT,
WITH CNN REPORTING ON THE
CONTENTS OF THE LETTER FROM THE
NATIONAL ARCHIVES TO DONALD
TRUMP, INFORMING HIM THAT THE
ARCHIVES IS GOING TO HANDLE TO
SPECIAL PROSECUTOR JACK SMITH,
16 RECORDS.
THE LETTER SAYS, THE 16 RECORDS
IN QUESTION ALL REFLECT
COMMUNICATIONS INVOLVING CLOSE
PRESIDENTIAL ADVISERS, SOME OF
THEM DIRECTED TO YOU PERSONALLY,
CONCERNING WHETHER, WHY, AND
HOWELL YOU SHOULD WE DECLASSIFY
CERTAIN CLASSIFIED RECORDS.
IF NONE OF THOSE DOCUMENTS SAY
THE DONALD TRUMP COULD
AUTOMATICALLY DECLASSIFIED
DOCUMENTS, SIMPLY BY TAKING
THEM HOME, THEN DONALD TRUMP
WILL BE IN EVEN MORE TROUBLE
WHEN JACK SMITH GETS THOSE
DOCUMENTS SCHEDULED TO BE
DELIVERED TO HIM FROM THE
NATIONAL ARCHIVES NEXT WEEK.
IN MANHATTAN, WHERE DONALD
TRUMP IS A CRIMINAL DEFENDANT,
HE RECEIVED SOME CLARIFICATION
FROM THE DISTRICT ATTORNEY
ABOUT THE OTHER CRIMES THE
DISTRICT ATTORNEY BELIEVES
DONALD TRUMP INTENDED TO COMMIT
AS A RESULT OF COMMITTING THE
CRIME OF FALSIFYING BUSINESS
RECORDS TO CORRUPT LONG
TRANSLATOR AND 30,000 DOLLAR
CASH PAYMENT OF HUSH MONEY TO
ACTRESS STORMY DANIELS.
IN A COURT FILING THE DISTRICT
ATTORNEY SAID, QUOTE, THE CRIME
CRIMES DEFENDED INTENDED TO
COMMIT OR TO AID OR CONCEAL NAY
INCLUDE VIOLATIONS OF THE
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Re: Trump lashes out at Gov. Doug Ducey following certificat

Postby admin » Thu May 18, 2023 9:36 pm

Nine different federal judges have blamed Trump for January 6th
by CitizensforEthics.org
May 18, 2023

[x]

Since the January 6th insurrection and storming of the U.S. Capitol, federal judges have repeatedly and pointedly laid the blame on former President Donald Trump for inciting the attack. Other judges may soon face similar questions as they consider Trump’s legal culpability for the insurrection, including whether he is constitutionally disqualified to hold public office under the 14th Amendment.

In fifteen cases overseen by nine different judges appointed by Republican and Democratic presidents, courts have not minced words in declaring that Trump was the central cause of the January 6, 2021 insurrection, echoing the findings of the bipartisan January 6th Select Committee. Time and again judges have found that Trump inflamed his supporters with the lie of a “stolen” election, urged them to “fight” to take back their country, and sent them to the Capitol to “stop the steal.” Trump used violent rhetoric to whip his supporters into a frenzy and do illegally what he had tried and failed to do legally: stop certification of the election for Joe Biden. Although Trump has not yet faced criminal charges for his efforts to overturn the 2020 election, federal judges hearing cases relating to the January 6th insurrection have repeatedly recognized the immense power and influence of Trump’s actions and words over his supporters, as well as Trump’s ultimate responsibility for the attack carried out by his supporters on his behalf and at his behest.

In a civil lawsuit brought by members of Congress and police officers who defended the Capitol on January 6th, U.S. District Judge Amit Mehta wrote that Trump’s statements at his January 6th “Stop the Steal” rally were “plausibly words of incitement not protected by the First Amendment.” The speech “was akin to telling an excited mob that corn-dealers starve the poor in front of the corn-dealer’s home. He invited his supporters to Washington, D.C., after telling them for months that corrupt and spineless politicians were to blame for stealing an election from them; retold that narrative when thousands of them assembled on the Ellipse; and directed them to march on the Capitol building—the metaphorical corn-dealer’s house—where those very politicians were at work to certify an election that he had lost.”

In another case, U.S. District Judge Colleen Kollar-Kotelly highlighted Trump’s responsibility in finding criminal defendant Danean MacAndrew guilty of several crimes for her participation in what the judge described as an “insurrection” on January 6, 2021. The judge found: “[A]t the ‘Stop the Steal’ rally, then-President Trump eponymously exhorted his supporters to, in fact, stop the steal by marching to the Capitol. Defendant marched to the Capitol where, she testified, she understood that only Congress had the power to fix the election’s outcome and that Congress was likely in session while she was around and in the Capitol. Having followed then-President Trump’s instructions, which were in line with her stated desires, the Court therefore finds that Defendant intended her presence to be disruptive to Congressional business.”

During the sentencing of January 6th defendant John Lolos, Judge Mehta noted that Lolos was heavily swayed by Trump’s rhetoric, and Lolos only left the Capitol building after being confronted by police officers who ordered him to leave. Judge Mehta pointed out that Lolos flew from Seattle to Washington, D.C. to protest what he called “voter fraud.” After Trump’s “Stop the Steal” rally, where Trump directed his followers to “fight like hell,” Lolos joined others in marching to the Capitol building, breached police barriers and the building, and spent nearly 45 minutes inside, taking photos, waving his flag, taking selfies and other photos. He joined the mob in chanting at police officers trying to clear insurrectionists out of the building.

“The fact remains that he and others were called to Washington, D.C. by an elected official; he was prompted to walk to the Capitol by an elected official. People like Mr. Lolos were told lies, fed falsehoods, and told that our election was stolen when it clearly was not.”-- Judge Amit Mehta


At Lolos’ sentencing, Judge Mehta said, “The fact remains that he and others were called to Washington, D.C. by an elected official; he was prompted to walk to the Capitol by an elected official. People like Mr. Lolos were told lies, fed falsehoods, and told that our election was stolen when it clearly was not.” Judge Mehta recognized that Lolos, like many others that day, were “pawns” in Trump’s scheme to overturn the 2020 election results.

Or take January 6th defendant Nicole Prado. She told the FBI that she anticipated violence on January 6th and willingly went into the Capitol building, despite her understanding that she was not supposed to enter the grounds. Prado eventually made her way into the office of the ranking member of the House Appropriations Committee. In her sentencing hearing, U.S. District Judge Rudolph Contreras said, “The events of January 6th involved the rather unprecedented confluence of events spurred by then President Trump and a number of his prominent allies who bear much responsibility for what occurred on that day.”

Perhaps the most direct attribution pinning January 6th on Donald Trump came from U.S. District Judge David O. Carter in a lawsuit between the January 6th Select Committee and Trump lawyer John Eastman. In ruling that certain communications were not protected by the attorney-client privilege, Judge Carter concluded it was “more likely than not that President Trump” committed a felony by “corruptly attempt[ing] to obstruct the Joint Session of Congress on January 6, 2021.” Judge Carter remarked:

“The illegality of the plan was obvious. Our nation was founded on the peaceful transition of power, epitomized by George Washington laying down his sword to make way for democratic elections. Ignoring this history, President Trump vigorously campaigned for the Vice President to single-handedly determine the results of the 2020 election. As Vice President Pence stated, ‘no Vice President in American history has ever asserted such authority.’ Every American—and certainly the President of the United States—knows that in a democracy, leaders are elected, not installed. With a plan this ‘BOLD,’ President Trump knowingly tried to subvert this fundamental principle. Based on the evidence, the Court finds it more likely than not that President Trump corruptly attempted to obstruct the Joint Session of Congress on January 6, 2021.”

In these instances and more, federal judges have drawn a direct connection between what happened at the Capitol on January 6th and former President Trump’s actions. Judges are assigning blame where it is rightly due. Instead of accepting his defeat in 2020, Donald Trump violated his oath to the Constitution by sending a violent mob of his supporters to disrupt the peaceful transfer of power for the first time in American history. His abuse of power threatened to undermine our democratic institutions. The evidence could not be clearer that Trump is responsible for what happened on January 6, 2021, and judges recognize that reality.

Judge / Court / Date / Statement / Citation / Link

Judge Rudolph Contreras / U.S. District Court for the District of Columbia / 2022-02-07 / “The events of January 6th involved the rather unprecedented confluence of events spurred by then President Trump and a number of his prominent allies who bear much responsibility for what occurred on that day.” / Transcript of Sentencing at 38, United States of America v. Nicole Prado (D.D.C. Feb. 7, 2022) (No. 1:21-cr-00403-RC). / Source

Judge Rudolph Contreras / U.S. District Court for the District of Columbia / 2022-02-04 / “The events of January 6th involved a rather unprecedented confluence of events spurred by then President Trump and a number of his prominent allies who bear much responsibility for what occurred on that day.” / Transcript of Sentencing at 28, United States of America v. Richard Franklin Barnard and Jeffery Shane Witcher (D.D.C. Feb 4, 2022) (No. 1:21-cr-00235-RC). / Source

Judge Rudolph Contreras / U.S. District Court for the District of Columbia / 2022-01-20 / "The events of January 6th involved a rather unprecedented confluence of events spread by then President Trump and a number of his prominent allies who bear much responsibility for what occurred on that day." / Transcript of Sentencing at 68, United States v Stepakoff (D.D.C. Jan. 20, 2022) (No. 1:21-cr-00096-RC) / Source

Judge Rudolph Contreras / U.S. District Court for the District of Columbia / 2022-02-07 / “The events of January 6th involved a rather unprecedented confluence of events spurred by then-President Trump and a number of his prominent allies who bear much responsibility for what occurred on that day.” Transcript of Sentencing at 28, United States v. Vic Williams (D.D.C. Feb. 7, 2022) (No. 1:21-cr-00388-RC-1). / Source

Judge Amit Mehta / U.S. District Court for the District of Columbia / 2022-02-18 / “President Trump’s January 6 Rally Speech was akin to telling an excited mob that corn-dealers starve the poor in front of the corn-dealer’s home. He invited his supporters to Washington, D.C., after telling them for months that corrupt and spineless politicians were to blame for stealing an election from them; retold that narrative when thousands of them assembled on the Ellipse; and directed them to march on the Capitol building—the metaphorical corn-dealer’s house—where those very politicians were at work to certify an election that he had lost.”

Additional Statements: “The President argues that, at most, Plaintiffs have pleaded that the President ‘made political statements . . . at a rally meant to persuade political officials.’ But that contention misses the forest for the trees. It ignores the larger context of the Rally Speech. For months, the President led his supporters to believe the election was stolen. When some of his supporters threatened state election officials, he refused to condemn them. Rallies in Washington, D.C., in November and December 2020 had turned violent, yet he invited his supporters to Washington, D.C., on the day of the Certification. They came by the thousands. And, following a 75-minute speech in which he blamed corrupt and weak politicians for the election loss, he called on them to march on the very place where Certification was taking place.”; Plaintiffs’ allegations show a call-and-response quality to the President’s communications, of which the President would have been aware. The Complaints contain numerous examples of the President’s communications being understood by supporters as direct messages to them and, in the case of the January 6 Rally, as a call to action.; [T]he President’s January 6 Rally Speech can reasonably be viewed as a call for collective action. The President’s regular use of the word “we” is notable. To name just a few examples: “We will not take it anymore”; “We will ‘stop the steal’”; “We will never give up”; “We will never concede”; “We will not take it anymore”; “All Mike Pence has to do is send it back to the states to recertify, and we become president”; “[W]e’re going to have to fight much harder”; “We can’t let that happen”; “We’re going to walk down . . .”; “We fight like hell”; “We’re going to walk down Pennsylvania Avenue.” / Mem. Op. & Order at 97, Thompson v Trump, 590 F. Supp. 3d 46 (D.D.C. 2022) (No. 21-cv-00400). / Source

Judge Amit Mehta / U.S. District Court for the District of Columbia / 2021-11-19 / “The fact remains that he and others were called to Washington, D.C. by an elected official; he was prompted to walk to the Capitol by an elected official. People like Mr. Lolos were told lies, fed falsehoods, and told that our election was stolen when it clearly was not.” / Transcript of Sentencing at 55, United States v. Lolos (D.D.C. Nov. 19, 2021) (No. CR 21-243). / Source

Judge Amy Berman Jackson / U.S. District Court for the District of Columbia / 2021-05-26 / “[t]he steady drumbeat that inspired defendant to take up arms has not faded away; six months later, the canard that the election was stolen is being repeated daily on major news outlets and from the corridors of power in state and federal government, not to mention the near-daily fulminations of the former President.” / Mem. Op. at 24, United States v. Meredith (D.D.C. May 26, 2021) (No. 21-0159 (SBJ))./ Source

Judge Amy Berman Jackson / U.S. District Court for the District of Columbia / 2021-05-27 / “Defendant's promise to take action in the future cannot be dismissed as an unlikely occurrence given that his singular source of information, see Reply ¶ 8 (“Trump's the only big shot I trust right now”), continues to propagate the lie that inspired the attack on a near daily basis.” / United States Of America, v. Karl Dresch, 2021 WL 2453166 at *8 (D.D.C. May 27, 2021) (No. CR 21-0071 (ABJ)). / Source

Judge Amy Berman Jackson / U.S. District Court for the District of Columbia / 2021-08-04 / He may very well have sincerely believed that the election had been unfair and tainted. I don't doubt that. But that belief was misguided. By that time even the Republican election officials in the challenged states had said over and over, when more than 60 judges across the country had said – including Republican judges, including judges appointed by President Trump himself -- had said over and over, there is no evidence behind these claims. At the end of the day the fact is that the defendant came to the Capitol because he placed his trust in someone who repaid that trust by lying to him. / Transcript of Plea and Sentence at 30, United States of America v. Karl Dresch (D.D.C. Aug 4, 2021) (No. 21-cr-71). / Source

Judge Amy Berman Jackson / U.S. District Court for the District of Columbia / 2021-12-01 / “And as for the incendiary statements at the rally detailed in the sentencing memo, which absolutely, quite clearly and deliberately, stoked the flames of fear and discontent and explicitly encouraged those at the rally to go to the Capitol and fight for one reason and one reason only, to make sure the certification did not happen, those may be a reason for what happened, they may have inspired what happened, but they are not an excuse or justification.” / Transcript of Sentencing at 22, United States v Russell Peterson, (D.D.C December 1, 2021) (No. 21-cr-309). / Source

Magistrate Judge Michael John Aloi / U.S. District Court for the Northern District of West Virginia 2021-03-22 / “Everyone in our country knows what happened on January 6th. We also generally know -- although, I don't know why Mr. Tanios was there and Mr. Khater was there -- but we know, looking at it now, that they were supporting the president who would not accept that he was defeated in an election. And it was on that day when Congress, under their oath, the Constitution was to certify the electoral college. That's not happenstance that they picked January 6th.” / United States v George Tanios, CRIMINAL ACTION NO. 1:21-mj-27 (N.D. W. Va. March 22, 2021) / Source

Judge David O. Carter / U.S. District Court for the Central District of California / 2022-03-28 / “The illegality of the plan was obvious. Our nation was founded on the peaceful transition of power, epitomized by George Washington laying down his sword to make way for democratic elections.239 Ignoring this history, President Trump vigorously campaigned for the Vice President to single-handedly determine the results of the 2020 election. As Vice President Pence stated, “no Vice President in American history has ever asserted such authority.” Every American—and certainly the President of the United States—knows that in a democracy, leaders are elected, not installed. With a plan this “BOLD,” President Trump knowingly tried to subvert this fundamental principle. Based on the evidence, the Court finds it more likely than not that President Trump corruptly attempted to obstruct the Joint Session of Congress on January 6, 2021.” / Eastman v. Thompson, 594 F. Supp. 3d 1156, 6-7 (C.D. Cal. 2022) / Source

Judge John D. Bates / U.S. District Court for the District of Columbia / 2022-12-28 / “These words [Trump’s J6 Speech] only encourage those at the rally to march to the Capitol—nothing more— and do not address legality at all. But, although his express words only mention walking down Pennsylvania Avenue to the Capitol, one might conclude that the context implies that he was urging protestors to do something more—perhaps to enter the Capitol building and stop the certification. But even if so, there is simply no indication that Trump informed the protestors that doing so would be legal, as required to make out either defense. His speech simply suggests that it would be an act of ‘boldness’ to ‘stop the steal.’” / Mem. Op. at 19, United States v. Alexander Sheppard (D.D.C. Dec. 28, 2022) (Criminal Action No. 21-203 (JDB)). / Source

Judge Beryl Howell / U.S. District Court for the District of Columbia / 2021-10-29 / “You admit you should have known better, but somehow that day you didn't. And you say that you headed to the Capitol Building not with any intent to obstruct and impede congressional proceedings; but because the then-President, Trump, told protesters at the "stop the steal" rally -- and I quote: After this, we're going to walk down; and I will be there with you. We're going to walk down. We're going to walk down. I know that everyone here will soon be marching over to the Capitol Building to peacefully and patriotically make your voices heard. And you say that you wanted to show your support for and join then-President Trump as he said he would be marching to the Capitol; but, of course, didn't.” / Transcript of Sentencing at 36, United States v. Leonard Gruppo (D.D.C. Oct. 29, 2021) (No. 21-391). / Source

Judge Colleen Kollar-Kotelly / U.S. District Court for the District of Columbia / 2023-01-17 / “ [A]t the “Stop the Steal” rally, then-President Trump eponymously exhorted his supporters to, in fact, stop the steal by marching to the Capitol. Defendant marched to the Capitol where, she testified, she understood that only Congress had the power to fix the election’s outcome and that Congress was likely in session while she was around and in the Capitol. Having followed then-President Trump’s instructions, which were in line with her stated desires, the Court therefore finds that Defendant intended her presence to be disruptive to Congressional business.” / United States v. MacAndrew, 2022 WL 17983533 at 15 (D.D.C. Jan. 17, 2023) (No. CR 21-730 (CKK)). / Source

Judge Reggie B. Walton / U.S. District Court for the District of Columbia / 2022-04-14 / "You know, I think our democracy is in trouble. Because unfortunately, we have charlatans like our former president, who doesn't in my view really care about democracy, but only about power. And as a result of that, it's tearing this country apart. I have a concern that we have, unfortunately, American citizens who were so gullible that they were willing to accept what was being said without any proof that the allegations about the election had any merit whatsoever. People are just outraged at how they feel our system is not taking seriously what happened on that day because of their fear of the future of this country." / United States v. Thompson, 21-cr-161 (D.D.C. Apr. 14, 2022) / Source
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Re: Trump lashes out at Gov. Doug Ducey following certificat

Postby admin » Wed May 31, 2023 12:04 am

Trump lawyer [Evan Corcoran] CONFESSES and throws Trump Under the Bus
by Michael Popok
MeidasTouch
May 30, 2023

Michael Popok of Legal AF reports on breaking developments in the Jack Smith Mar a Lago criminal investigation with former Trump attorney Evan Corcoran confessing that he was mislead as to the location of all the national security and classified documents by both Trump himself and Trump’s associates while searching Mar a Lago to comply with the DOJ subpoena, as the prosecutors continue to squeeze Trump’s personal assistant Walt Nauta to flip.



Transcript

this is Michael popock legal AF. we
got some breaking news coming out of the
guardian and their investigative
reporting about Mar-A-Lago as Jack Smith
reaches his final recommendations to
indict Donald Trump related to the uh
stolen and mishandled National Security
information top secret classified
documents at Mar-A-Lago what's the new
information that's what this hot take is
about Evan Corcoran has told the grand
jury and prosecutors according to at
least two sources and told his own
Associates that he was misled about the
location of documents classified
National Security matters materials at
Mar-A-Lago by those closest to Donald
Trump himself and that Donald Trump
never told Evan Corcoran or disabused
them of the notion that the only
location for those documents was just in
one storage room when there was another
hundred that were sitting just inside of
Donald Trump's office and desk but Evan
Corcoran never searched those areas he
was he was told not to search those
areas he was told that all the
information all of the of the retained
improperly retained documents from the
White House were sitting in one location
but that was a lie so now you have the
the Department of Justice trying to get
to the bottom of why were there boxes
being moved by Walt nauta Donald Trump's
personal valet after the subpoena was
issued and while they were responding to
it this is even before the search
warrant The subpoena which is a demand
under under penalties of of perjury and
contempt review failed to respond is
issued by lawyers under the auspices of
a federal judge and requires that
documents be turned over over pursue it
to that subpoena if not then there's a
court process for contempt if that
doesn't work you go in and you get a
search warrant which is what they did so
you've got a June subpoena and an August
search warrant against Donald Trump why
the Department of Justice wants to know
why did Donald Trump give the
instructions for Walt now to move boxes
in and out of the storage room that same
room that they directed Evan Corcoran to
look to look for documents it was the
only place they spoon-fed misled Evan
Corcoran the lawyer for Donald Trump and
said just look in the storage room
that's where all the documents are don't
go into Daddy's office don't go into
Daddy's desk drawer there's nothing for
you to see there and Evan Corcoran said
okay
but Evan corcoran's problem is he signed
along with Christina Bob a certificate
under penalty of perjury that they
conducted a diligent search and that
they only found 38
documents top secret classified National
Security documents and they put it in a
sealed envelope and gave it to the
Department of Justice the Department of
Justice already knew from other
witnesses that that was false that there
were documents in other rooms at
Mar-A-Lago specifically the office and
desk so they caught Evan Corcoran in in
a trap now Evan corcoran's defense is
that's what I was told by my client
that's what I was told by Donald Trump I
was told that the only place to look I
needed to look was the storage room and
that's the only place I looked and I
needed Walt now to open the doors
because he had the keys and when Walt
now to ask to sit in while I did my
review I said no but that's the only
place that I searched so that's the new
testimony we know now from Evan Corcoran
why do we know about it now
why haven't we heard about this before
because let's be frank the Department of
Justice is doing strategic leaking of
this information to put pressure on
people like Walt nauta who as of right
now have not fully cooperated with the
Department of Justice
in fact Walton out his lawyers have been
told by the Department of Justice and
and the special counsel prosecutors that
their client is in deep deep
that their client has not been truthful
and accurate in giving his information
to the Department of Justice which is a
potential crime and they want Walt now
to to play ball against Donald Trump and
as of yet they haven't so you see these
strategic leaks that I can report on in
this particular hot take that's where we
are as of right now
we know that Evan Corcoran is throwing
Donald Trump under the bus and saying I
was misled I was sent into the into the
storage room that's where I told
document I was told documents were and I
didn't search anywhere else
and how do we know all this from Evan
Corcoran because he turned over 50 pages
of attorney notes that he took in
conversation with his client Donald
Trump Donald Trump's aides Walt nouda
and others and he had to turn it over to
the Department of Justice because he was
ordered to
but when the Department of Justice
sought to uh have him drop the
attorney-client privilege the most
sacrosanct privilege between a lawyer
and a client got ripped away from Donald
Trump who holds the privilege and his
lawyer Evan Corcoran because judge Beryl
Howell the then chief judge of the D.C
Circuit Court who oversees all grand
juries she ruled that there was likely a
crime or fraud being perpetrated by
Donald Trump
and therefore under the crime fraud
exception of the attorney-client
privilege she stripped the
attorney-client privilege away from
Donald Trump made Evan Corcoran testify
without it about every deepest darkest
conversation he had with his client had
to be revealed to the
um Grand Jury about Mar-A-Lago and the
handling of those documents and his own
documents his case his file his client
file how to be turned over
and now we know how big of a problem it
is and what the focus of the Department
of Justice is they have video
surveillance uh cameras from the Trump
organization out in front of the doors
of the storage room and they saw two
things well they saw one thing and one
thing they didn't see
they saw Walt Nauta the day before right
after the subpoena was issued
moving boxes in and out of the storage
room and they don't know exactly where
the boxes that were taken out went next
is that bet Minster
because we have a maintenance worker who
testified already and has cooperated
with the Department of Justice that he
helped Walt now to load an SUV to drive
to Bedminster from Mar-A-Lago
for those that are not from this country
or don't know geography that is a
18-hour drive from Mar-A-Lago to
Bedminster New Jersey
filled with boxes Department of Justice
wants to get to the bottom of it will we
see a subpoena and or search warrant for
Bedminster Golf Course
I predict we will but they're trying the
Department of Justice to get Walt nouda
right to flip
he has it as of yet
these strategic media placements of this
news like today will help them with that
Evan Corcoran and his testimony that he
got misled by Donald Trump and that
Donald Trump never told him to go look
where he knew that the boxes were in his
office that's a problem that's called
Criminal Intent for Donald Trump as they
try to come up with the motive for why
this this ex-president held on to these
documents and wouldn't let him be pulled
out of his dead cold fingers
why and of course now we know the
Department of Justice is also searching
through records and subpoenas about
foreign relations between Donald Trump
and foreign powers
because they found boxes and and uh
documents related to those foreign
powers in the office in the desk during
the search warrant that's the connected
links there the new reporting today will
continue to follow Evan Corcoran saying
I was misled by my own client Walt nauta
talking about uh moving of documents and
having him cooperate the video camera as
I said before they saw Walt nauta what
they didn't see is there are gaps in the
video this is like the Nixon you know 18
minutes of missing audio during
Watergate where it where are the video
where's the video for critical moments
they've already the Department of
Justice have subpoenaed and interviewed
um uh Matt calamari and Matt calamari Jr
the two heads of security for the Trump
organization they're cooperating
and they've subpoenaed the company the
video surveillance company that that
manages those video cameras where why
are why are there gaps
and the Department of Justice is trying
to get to the bottom of it
as they tie all this together in time
to go make their recommendation in a
report to Merrick Garland the Attorney
General
who will then after the full
presentation of the material right
one of the most uh important historical
PowerPoint presentations in American
history is coming up
with with uh Jack Smith his team of
prosecutors and Merrick Garland on at
least Mar-A-Lago if not the three or
four other grand juries that are looking
at other Trump criminality
and then from there back to the grand
jury to seek the indictment
which will initially be sealed and then
unsealed for the American public
there that's where we're at for those
that are scratching their head and
rubbing their eyes like can they believe
it justice is finally going to be done
Justice is finally going to be done
people that didn't think Donald Trump
would ever been indicted would ever be
indicted or convicted his entities got
convicted 17 times in New York for tax
fraud he's been indicted
now we're talking about the federal
indictments likely by Jack Smith and his
team that have been working around the
clock for the last eight months
and then of course funny Willis in
Georgia
the prosecutor who has already declared
that she's going to be seeking an
indictment of people
read those read that as Donald Trump and
others at the end of July the beginning
of August
this is the summer of accountability
right last year was the was the year of
Investigation this year is the year of
indictment and trial setting
and 2023 and 2024 are the trials
yes it's going to coincide with the U.S
election
but so what
he'll have to run Donald Trump will have
to run
for office as the leading as he likes to
say the leading candidate for the
Republican nomination or for the whole
presidency as a twice impeached multiply
indicted potentially convicted
a judged sex abuser
candidate and if that is okay with the
majority of the Republicans that vote
so be it he will go down in flames and
lose horribly to the president of the
United States Joe Biden
that's the reporting for today I'll
continue to report on the Evan Corcoran
Mar-A-Lago Walt Nauta connections on hot
takes just like this one only on the
Meidas touch Network on Wednesdays and
Saturdays I do a
um I co-anchor a podcast that is at the
intersection of U.S law and politics
called Legal AF you can follow us on
YouTube and every place you get your
podcast and if you like what I'm doing
on content like this one give me a
thumbs up it's helpful to what we do
it's meaningful to me as are the
comments and you can follow me Michael
popock on all things social media at Ms
popoc this is Michael popock legal
AF reporting
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Re: Trump lashes out at Gov. Doug Ducey following certificat

Postby admin » Wed May 31, 2023 12:33 am

Trump Bucks SCAM Exposed DESTROYING Life Savings of MAGA Followers
by Ben Meiselas
MeidasTouch
May 30, 2023

MeidasTouch host Ben Meiselas reports on the latest grift targeting Donald Trump supporters. It’s called ‘Trump Bucks.’ Seriously.



Transcript

I'm Ben Meiselas from the Meidas touch
Network let's take a look at the newest
Maga Republican grift it's called Trump
bucks and what's been happening is that
Mega followers have been going into
banks with these Trump bucks these Trump
dollar bills and gold coins that they've
been purchasing online which they've
been told they will get 10x or 50x
returns from and the banks have been
telling them we don't accept your Trump
bucks here NBC broke this story the
article was called Trump bucks promise
wealth for Maga loyalty some lose
thousands you think the products are
advertised online as a kind of golden
ticket that will help Propel Trump's
2024 bid and make the quote real
Patriots who support him Rich when they
are cashed in the article covers one
Trump supporter in particular named John
Ammon of course his Twitter handle is
johnama
348-28664 and it says alert if you
purchased any of the trb systems items
you got scammed the trb vouchers Donald
J trumpgoldenchecks Donald J Trump
Diamond checks trb golden checks have no
monetary value they are only
commemorative only you think the article
goes on to talk about how these Mega
Republicans believe that Trump's ouster
was part of a great conspiracy and that
by investing in the Trump rebate banking
system trb the Trump rebate banking
system or trb for short Trump will
reward their loyalty
by making them Rich those who buy these
items the ads from a company called
Patriots dynasty Patriots future and USA
Patriots suggest will be rewarded when
Trump unveils a new monetary system that
will turn these products into legal
tender worth far more than the purchase
price invest in a trb membership card
quote issued by Donald Trump the ads
from Patriot Dynasty Patriots future and
USA Patriots claim and the purchaser who
spent say
99.99 on a ten thousand dollar Diamond
Trump bucks bill will be able to cash it
in for ten thousand dollars at Major
Banks and retailers like Walmart Costco
and Home Depot of course this is all all
a fraud by the way here is the website
for the trb collect card just so you see
what it looks like and this is what it
says it goes the trb black collect card
is here it is finally time to claim what
is yours make your dreams come true
because this is your only chance to get
a hold of the trb black collect card we
know all of you have been waiting
patiently for so long and now is the
time when you will have everything that
was promised with President Trump you
always have a chance for a better future
week leave strong stay glad to see so
many of you are strong Patriots and it
goes on to say makes a perfect gift for
other Patriots and Trump supporters live
the American dream live the life you
were promised and get the things you
always wanted without thinking twice
enjoy the benefits as a trump supporter
there are 74 million Americans and a
hundred million around the world Trump
supporters the trb membership is an
official validation to the customer for
being a member of the trb club which
strives to be the biggest supporters
Club of Donald Trump all United in one
goal to do whatever they can to support
him and here's the thing folks there has
been this entire ecosystem built around
Donald Trump's script and this is just
one of countless examples and it's
predatory and preying on people frankly
who magger Republicans are attacking
each and every day with their policies
and they are being grifted upon and lied
to with all of these fake claims
meanwhile the actual political party is
getting them all angry about whatever
issued du jour of their culture War of
the day meanwhile they're picking their
pockets each and every day quite
literally it's got a bunch of
weird fake looking reviews from these
people and it's and it's just sad to see
it's like these photos of families
someone named Charlotte I originally
ordered 10 trb black cards but I had to
come back to order 20 more my friends
were really happy when they received
them oh that sounds legit Ted and
Miranda right I'm a loyal supporter of
Donald Trump and I can say that this trb
black card changed my life my family
sure loved them I'm not going to read
you uh the others uh the article goes on
to talk about how trb system membership
cards are official cards this is what
the false claim is issued by Donald
Trump to allow Trump bucks holders to
use Trump bucks as legal tender and
deposit them in Banks such as JPMorgan
Chase the Bank of America and Wells
Fargo a narrator identified only as John
says in the advertisements and all of
that is completely false the article
then goes on to highlight a Alabama
Grand grandmother who brought the Trump
bucks into a Bank of America and the
teller told her she'd seen dozens of
people coming in to cash these products
but it's a fraud here's what the article
says one 75 year old Alabama grandmother
who consented to having her picture
taken by NBC but asked not to be
identified by name for fear of Internet
harassment told NBC News the message she
got from watching the pitches on the
internet was that Trump was going to
make her rich
but the grandmother who describes
herself as quote a real Patriot said
what she got for the fifteen hundred
dollars she invested in the Trump bucks
turned out to be Fool's Gold quote I saw
all these ads on telegram that had Trump
pushing coins and checks that he
endorsed and how you can cash them in
after a year and make a profit the
grandmother who lives uh is told NBC I
was told how you can go back to I was
told how you can go to Bank of America
or Target or Amazon to cash them in
about six months ago the grandmother
said she gathered up the Trump bucks and
commemorative coins she had purchased
and drove 60 miles east to the nearest
Bank of America branch she could find in
Pensacola Florida there she said she was
greeted by a teller who told her she'd
been scammed quote when we get there the
lady tells me she's been seeing dozens
of people coming in to cash these checks
and they they have nothing to do with
this the grandmother said it of course
that was happening in Florida a Florida
woman who lives north of Tampa and who
also asked not to be identified by name
because she fears internet harassment
said her 77 year old grandmother-in-law
was also fooled into investing tens of
thousands of dollars into Trump bucks
quote my mother-in-law has always been
conservative and prone to believe in
conspiracy theories that doesn't make
her conservative we need to stop calling
these Trump supporters conservative
but quote but after Trump lost the
election she went down the internet
rabbit hole with this to prove to our
mother-in-law that she had been swindled
the Florida woman said she drove her to
a nearby Bank and urged her to try to
redeem the Trump bucks in her possession
quote we thought she got it she even
admitted she got scammed the Florida
woman said quote but then giant boxes
arrived at the house full of trump
checks and other stuff she bought for
five hundred dollars and that would
supposedly be worth six million dollars
one day we tell her she's getting
scammed and she says quote just wait
Trump will make all the Patriots Rich
quote it's like she's in a cult the
Florida woman said now as from Donald
Trump in the Trump campaign according to
this NBC article repeated attempts to
reach a spokesperson for Trump and his
re-election campaign by email have gone
unanswered but no evidence suggests that
the alleged scammers are connected to
Trump or his re-election campaign but I
will say this if you go to truth social
don't go but if you do which I do
because I do these reports you will see
on these that the ads on Truth social
are for products that look very similar
okay I don't know if these products are
the same ones that are talked about in
the NBC article but look at this this is
on Trump's social media platform what's
being advertised
patriotsurging.com Trump issues free one
thousand dollar bill to all supporters
claim yours now this is an ad ostensibly
Trump is getting paid for this if this
is on true social here's another one
from Newsmax during the
Trump speech and you know the links
between Newsmax and Donald Trump and the
right-wing ecosystem where it says
Trump's speech special free gold coin
unqualifying orders if you just text
Trump to that phone number here's
another ad by the way on Truth social
tired of overpaying woke insurance
companies this is the insurance company
endorsed by Don Jr and as I talked about
before there is this entire grifting
ecosystem modeled after Donald Trump's
ultimate grift if you ever go to
um watch any of these videos we post
about these Trump rallies for example
it's all of these trumpers like grifting
off of other trumpers like that's it's
an ecosystem of grift here's one for
example from a trump rally back in 2021
where they were selling women's P
funnels for fifteen dollars during the
rally and the same booth that selling P
funnels was selling the Cowboy Coffee as
well so Cowboy Coffee what actually
looks free Cowboy Coffee if you buy the
women's pee funnel right there and then
you have all of these shirts that they
buy and it and they sell each other
it is very problematic folks going to
the story of the uh women who said that
her mother-in-law is in a cult we have
to call thisbBehavior by its name and
that's an accurate one but it's not the
other c word it's not conservative this
Behavior this is just not normal
behavior okay this is problematic
Behavior this is dangerous Behavior okay
and this is what the Republican party
has become today the Maga Republican
party deeply distressing but it is
important for us all in the
pro-democracy community to call it out
and that's what we do here on the Meidas
touch Network each and every day hit
subscribe on the YouTube channel we're
on our way to 1.5 million subscribers
thanks to your awesome support check us
out at patreon.com Meidas Touch
for the best
pro-democracy membership content and
wherever you get audio podcast subscribe
to the Meidas touch audio podcast as well
have a great day and hit subscribe on
our YouTube channel

*********************

‘Trump Bucks’ promise wealth for MAGA loyalty. Some lose thousands. The products are advertised online as a kind of golden ticket that will help propel Trump’s 2024 bid and make the “real patriots” who support him rich when they are cashed in.

Image
Photo Illustration: Donald Trump and "membership cards" for the "Official TRB System". A get-rich-quick scam taking hold on the internet promises big profits to purchasers of "Trump Bucks" but instead delivers memorabilia that no bank will cash. NBC News / Getty Images; Golden Patriots Future
by Brandy Zadrozny and Corky Siemaszko
NBC News
May 27, 2023, 5:00 AM MDT

In the recesses of the internet where some of Donald Trump’s most fervent supporters stoke conspiracies and plot his return to the White House, suspected con artists have been mining their disappointment over the last presidential election for gold.

They’ve been peddling “Trump Bucks,” which are emblazoned with photos of the former president, and advertising them online as a kind of golden ticket that will help propel Trump’s 2024 bid and make the “real patriots” who support him rich when cashed in.

John Amann told NBC News he bought $2,200 worth of Trump Bucks and other items over the past year only to discover they were worthless when he tried to cash them in at his local bank. So he’s gone on Twitter to warn other Trump supporters not to fall for this scam.

Image
John Amann
@JohnAma34828664·Follow
Alert if you purchased any of the TRB SYSTEMS ITEMS, YOU GOT SCAMMED. THE TRB VOUCHERS, DJT GOLDEN CHECKS, DJT DIAMOND CHECKS, TRB GOLDEN CHECKS have no monetary values they are COMMEMORATIVE ONLY.
3:58 AM · Feb 3, 2023


NBC News has identified the Colorado-based companies behind the Trump Bucks as Patriots Dynasty, Patriots Future and USA Patriots and reviewed dozens of social posts, online complaints and hundreds of misleading ads for the products. Additionally, NBC News has found at least a dozen people like Amann who say they invested thousands of dollars after watching the pitches on Telegram and other websites that strongly suggested that Trump himself was endorsing these products.

“Now I’m questioning whether he is aware of this,” Amann said of Trump.

Repeated attempts to reach a spokesperson for Trump and his re-election campaign by email have gone unanswered. No evidence suggests the alleged scammers are connected to Trump or his re-election campaign.

In addition to tweeting a warning to others about the scam, Amann said he posted a review on TrustPilot, a website where consumers can rate and review businesses.

The Federal Trade Commission, in response to a Freedom of Information Act request from NBC News, confirmed it has received one fraud complaint against Patriots Dynasty that was filed in January. But it provided no further details about the single complaint or who filed it.

The Better Business Bureau has given the companies, which operate out of an industrial center in the Denver suburb of Aurora, an F rating, and the 33 complaints on the BBB site are unsparing in their criticism of the company.

Repeated attempts to reach representatives for the companies by phone and email were unsuccessful. But Bank of America spokesman Bill Halldin said he’s heard reports from bank employees of customers coming in to exchange their Trump Bucks for actual cash, but the bank routinely turns them down.

“It’s hard to put a number on how many people have come in,” Halldin said when asked for more specifics about who these people are and where they are located.

BOA, as a matter of course, is continually on the lookout for fraudsters and circulates information in-house about possible scams, Halldin said.

That’s little comfort to Amann, who is 77 and lives in Houston. “There’s no way to cash out what I have,” he said.

What it is

Since 2020, when Joe Biden defeated Trump in the presidential election, internet hucksters have been selling pro-Trump products like coins, checks and cards and marketing them as novelty items.

The fine print on the websites offering these items usually notes that they are memorabilia.

But on social media and in promotional videos — many featuring faked celebrity endorsements — the sellers have tapped an audience that believes Trump’s ouster was part of a great conspiracy and that by investing in the Trump Rebate Banking System, or TRB for short, Trump will reward their loyalty by making them rich.

Those who buy these items, the ads from Patriots Dynasty, Patriots Future and USA Patriots suggest, will be rewarded when Trump unveils a new monetary system that will turn these products into legal tender worth far more than the purchase price.

Image
A booklet, a check and a collection of coins an Alabama grandmother bought when she invested $1,500 in “Trump Bucks.” Dan Anderson for NBC News

Invest in a TRB membership card “issued by Donald Trump,” the ads from Patriots Dynasty, Patriots Future and USA Patriots claim, and the purchaser who spent, say, $99.99 on a “$10,000 Diamond Trump Bucks” bill will be able to cash it in for $10,000 at major banks and retailers like Walmart, Costco and Home Depot.

“TRB system membership cards are official cards issued by Donald Trump to allow Trump Bucks holders to use Trump Bucks as legal tender and deposit them in banks such as JP Morgan Chase, the Bank of America and Wells Fargo,” a narrator identified only as “John” that appears to be a computer-generated voice says in one YouTube ad just moments after cautioning viewers that “Trump Bucks are not legal tender.”

“Wells Fargo has no affiliation with this product, and cannot accept it for deposit,” a bank spokesperson said.

JP Morgan Chase did not immediately respond to an email from NBC News seeking additional comment.

It’s a get-rich-quick scam that is catnip to a certain kind of Trump supporter — including QAnon believers and others who believe the former president is the only solution to America’s problems.

NBC also reached out to representatives for Walmart, Costco and Home Depot by email to see if they’ve had customers come in to try to cash in their Trump Bucks.

“We don’t have any connection to this, and it isn’t a problem we’re seeing at our stores,” Home Depot spokesman Terrance Roper said in an email to NBC News.

Walmart spokesman Robert Arrieta said “we have not heard of this scam.”

Image
An Alabama grandmother holds one of the coins she bought online in her apartment in Mobile on May 19. Dan Anderson for NBC News

“We don’t have any program that resembles this,” Arrieta said and referred a reporter to the company’s fraud alert page.

Michael J. Clark, a former FBI agent who teaches criminal justice at the University of New Haven, said it’s likely many of the victims have not yet figured out they’ve been conned.

“If this is indeed a scam, the victims have not had enough time to realize they have been scammed as they will be awaiting the result of the 2024 presidential elections to receive the benefit of their initial outlay of money,” Clark said via email.

How it spreads

Fawning reviews are posted on dozens of websites with the headlines “SCAM OR LEGIT” that can stack Google with positive results and in hundreds of YouTube videos.

In AI-generated promotional videos shared on social media and in chat groups, celebrities and politicians, including Trump, appear to endorse the scam.

In one, Trump appears to announce the launch of the TRB system on Fox News.

“Let’s make America wealthy again,” the artificially generated voice of Trump says.

In another, Twitter-owner Elon Musk appears to say “That Trump certificate is not a joke, it’s real. Everyone needs to get as many as they can. I spend one million dollars on Trump certificates and this week I’m going to cash out my Trump items. Soon I will be the richest person on the planet again.”

In reality, the advertisement features footage lifted from Musk’s appearance at a TED event in 2022. The video ends with a slide advertising a free app that promises to “make your favorite celebrity say anything.

It’s so pervasive that even pro-Trump websites and Trump supporters have been sounding the alarm.

Blogger Noah Christopher, who is the moderator of the “WeLoveTrump” Telegram group with 26,000 subscribers, has urged his followers more than 30 times this year alone to “not get conned.”

“The faked videos have been posted relentlessly by fake social media accounts on Facebook, TikTok, and in Telegram groups catering to devoted Trump supporters,” Noah wrote last month. “Unreal how pervasive and aggressive this scam is.”

Christopher did not respond to an email from NBC News seeking additional comment.

One 75-year-old Alabama grandmother, who consented to having her picture taken but asked not to be identified by name for fear of internet harassment, told NBC News the message she got from watching the pitches on the internet was that Trump was going to make her rich.

But the grandmother, who describes herself as a “real patriot,” said what she got for the $1,500 she invested in Trump Bucks turned out to be fool’s gold.

Image
An Alabama grandmother said a Bank of America teller told her that she'd seen dozens of people coming in to cash the products. Dan Anderson for NBC News

“I saw all these ads on Telegram that had Trump pushing coins and checks that he endorsed and how you can cash them in after a year and make a profit,” the grandmother, who lives in Mobile, told NBC News. “I was told how you can go to Bank of America or Target or Amazon to cash them in.”

About six months ago, the grandmother said, she gathered up the Trump Bucks and commemorative coins she had purchased and drove 60 miles east to the nearest Bank of America branch she could find in Pensacola, Florida.

There, she said, she was greeted by a teller who told her she’d been scammed.

“When we get there the lady tells me she’s seen dozens of people coming in to cash these checks and they have nothing to do with this,” the grandmother said.

A Florida woman who lives north of Tampa, and who also asked not to be identified by name because she fears internet harassment, said her 77-year-old mother-in-law was also fooled into investing tens of thousands of dollars in Trump Bucks.

“My mother-in-law has always been conservative and prone to believe in conspiracy theories,” she said. “But after Trump lost the election, she went down the internet rabbit hole with this.”

This isn’t the first time her mother-in-law has fallen prey to a Trump-inspired scam.

“Several years back, she got into Nesara, which says that a radical reset of the U.S. economy is coming and all debts are going to be wiped out,” the Florida woman said. “She thinks she’s getting all the money back and that she’ll make a huge profit too.”

First, the Florida woman said, her mother-in-law “started buying all this support Trump memorabilia from a website that clearly states it's memorabilia.”

Image
Patriots Dynasty, Patriots Future and USA Patriots claim purchasers will be able to cash in coins and checks like these at major banks and retailers like Walmart, Costco and Home Depot. Dan Anderson for NBC News

“From there, she went to other sites which has all sorts of people claiming that if you buy these Trump coins or these Trump checks for, say, a hundred dollars, you’ll be able to take them to a bank and cash them in for thousands of dollars.”

To prove to her mother-in-law that she had been swindled, the Florida woman said she drove her to a nearby bank and urged her to try to redeem the Trump Bucks in her possession.

“We thought she got it, she even admitted she got scammed,” the Florida woman said. “But then giant boxes arrived at the house full of Trump checks and other stuff that she bought for $500 and that would supposedly be worth $6 million one day. We tell her she’s getting scammed and she says, ‘Just wait, Trump will make all the patriots rich.’”

“It’s like she’s in a cult,” the Florida woman said.

Who profits?Good question. It’s not clear who concocted the TRB system scheme or created the fake promotional videos.

A 2022 New York Times investigation reported a Romanian marketing company to be at the origin of so-called Trump coins — which had been wildly popular in 2022 and were also fraudulently marketed as a kind of alternative currency.

Most of the posts and videos for the TRB system currently link to websites registered with the company names Patriots Dynasty, Patriots Future and USA Patriots, whose listed address can be traced to Shipoffers.com, a shipping center in Aurora, Colorado.

Shipoffers warehouse manager Josh Pier said the center ships Trump-related products but said it doesn't manufacture them. He declined to discuss what those products are and would not confirm the names of the companies it ships for. The company handles shipping for a variety of companies, he said.

Pier was echoed by Tony Grebmeier, one of the Shipoffers owners, who said he was unaware of any problems with any of the products the company ships and said if he was aware of any issues he’d take care of them.

Responding to overwhelmingly negative Google reviews, Shipoffers tells unhappy buyers that it doesn't actually make the products or bill customers.

The TRB products are purchased through online retailers ClickBank and Digistore24, which are affiliate marketing networks based in Idaho and Florida that connect would-be promoters with products to sell and earn commissions.

The unique links posted across social media and in the captions of YouTube videos contain the usernames of these affiliate marketers, who get a cut from each sale generated by the fraudulent ads.

A list of URLS for just one website, shows hundreds of affiliate marketers associated with a TRB membership booklet, a product falsely marketed as necessary to redeem the TRB products for real money.

NBC News has also reached out to ClickBank, Digistore24 and ShipOffers for comment. When an NBC News reporter called the Patriots Dynasty phone number, she got a busy signal. There was also no response to an email sent to the address associated with Patriots Dynasty.

Image
The Alabama grandmother said she initially thought the products were a good investment but realized later they were worthless. Dan Anderson for NBC News

The Alabama grandmother says she was initially fooled by the AI version of Trump she saw in the ads. She trusted Trump’s supposed business acumen and thought this was a good investment to have something to leave behind for her children.

“Now I realize, well, that was stupid,” she said. “But I bought them because I believed President Trump, because he knows all about finance, and he was going to help the real Trump Patriots get rich.”

Brandy Zadrozny is a senior reporter for NBC News. She covers misinformation, extremism and the internet.

Corky Siemaszko is a senior reporter for NBC News Digital.

Vicky Collins contributed.
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Re: Trump lashes out at Gov. Doug Ducey following certificat

Postby admin » Fri Jun 09, 2023 11:14 pm

https://s3.documentcloud.org/documents/ ... uments.pdf

Jack Smith holds PRESS CONFERENCE on Trump INDICTMENT
by Ben Meiselas and Karen Agnifilo
MeidasTouch
Jun 9, 2023

Special Counsel Jack Smith held his first press conference since Donald Trump was criminally indicted in federal court in Florida.



Transcript

I'm Ben Meiselas from the Meidas touch
Network we are just moments away from
special counsel Jack Smith delivering a
press conference after Donald Trump has
been criminally indicted in federal
court in the southern district of
Florida that indictment has just been
unsealed I of course want to break down
everything that's in that indictment
with my co-host from legal AF Karen
Friedman agnifolo who joins us here as
well and uh Karen first I'm getting word
that special counsel Jack Smith is about
to give the press conference let's play
the press conference of special counsel
Jack Smith and then let's uh respond to
that and then let's go through the
indictment let's go to the press
conference
good afternoon
today an indictment was unsealed
charging Donald J Trump with felony
violations
of our national security laws as well as
participating in a conspiracy to
obstruct Justice
this indictment was voted by a grand
jury of citizens in the southern
district of Florida
and I invite everyone to read it in full
to understand the scope
and the gravity of the crimes charged
the men and women of the United States
intelligence community and our Armed
Forces dedicate their lives to
protecting our nation and its people
are laws that protect National Defense
information are critical to the Safety
and Security of the United States
and they must be enforced
violations of those laws put our country
at risk
adherence to the rule of law is a
Bedrock principle of the Department of
Justice
and our nation's commitment to the rule
of law sets an example for the world
we have one set of laws in this country
and they apply to everyone
applying those laws collecting facts
that's what determines the outcome of an
investigation
nothing more
and nothing less
the prosecutors in my office are among
the most talented
and experienced in the Department of
Justice
they have investigated this case hewing
to the highest ethical standards and
they will continue to do so as this case
proceeds
it's very important for me to note that
the defendants in this case must be
presumed innocent until proven guilty
Beyond A Reasonable Doubt in a court of
law
to that end my office will seek a speedy
trial in this matter
consistent with a public interest and
the rights of the accused
we very much look forward to presenting
our case to a jury of citizens in the
southern district of Florida
there you have it and uh special counsel
Jack Smith concluded his speech right
there walked off did not take any
further questions so there's nothing
else that we miss that's the entire
press conference that's bringing Karen
Friedman agnifolo co-host of legal AF
CNN correspondent Karen used to be of
course the number two at the Manhattan
District Attorney's office and has
provided incredible legal analysis here
on the Midas touch Network Karen
Friedman agnifolo what's your response
to that press conference before getting
into the recently unsealed indictment
yeah Jack Smith I think really felt like
he had to explain to the American people
what happened here and what's going on
you know I think that if you recall with
the Alvin Bragg case we knew that he was
indicted because his K because he was
surrendered uh he was given a surrender
date I'm sorry and so we knew that there
was a date he was going to come in and
then he because the indictment was
sealed he then managed to tell the
narrative and and give his version of
things and really spin the story so by
the time he was by the time he was
arraigned there he had the I think he
had the upper hand in terms of The
Narrative of the story of the Alvin Brad
case Well Jack Smith clearly learned
from that and wasn't going to give
Donald Trump uh the weekend to do all
his tweeting and his threatening and his
bullying and going on Fox News and and
you know saying all the things that he
will definitely say okay and instead
went to a judge and had this indictment
unsealed and released it and his press
conference was Jack Smith control
and what it is and what it is and he
urged people to read this indictment he
specifically said that and I urge people
to read this indictment it is not like
Alvin Bragg's indictment that is a Bare
Bones legal indictment which is typical
of most indictments this is what they
call a talking indictment or a speaking
indictment and it tells a story and Jack
Smith told a story here and he urged
people to come read the indictment he
thanked the people who worked on the
case and he said this isn't about
politics this is about one set of laws
that applies to everyone it applies to
everyone in this country and what we do
is we apply the law the facts to the law
nothing more nothing less they adhere to
high ethical standards they will
continue to do so he also reminded
everybody that defendants are presumed
innocent until proven guilty and he also
I think when he said we will to that and
we will seek a speedy trial I think what
he's trying to signal is he recognizes
there's an election coming up and he
wants to to get this done quickly so
that's what the statement spoke volumes
to me and I think that's the purpose
behind the indictment he has to get out
in front of Donald Trump who will go and
try and make this
you know his own sideshow
it was a very short but powerful Press
Conference held by special counsel Jack
Smith of course it was the first time
that we've heard from special counsel
Jack Smith is the first time we've heard
his voice and to your point he
emphasized he wants to pursue a speedy
trial at his office is adhering to the
highest ethical standards he mentioned
the fact that this is National Defense
information and the seriousness and the
gravity of the crimes being charged for
someone who mishandles that and treats
the National Security of our country uh
in such abhorrent ways and then special
counsel Jack Smith invited everybody to
read this unsealed indictment in full
let's talk about this unsealed
indictment uh this indictment was
announced on Thursday we got word about
it of course we reported about it here
on the Midas touch Network we knew there
were going to be a number of charges
including Espionage Act violations which
is the willful retention of National
Defense information we knew there was a
conspiracy count obstruction of justice
but we now have this full unsealed
indictment it is very detailed it has a
very detailed narrative component there
are 38 separate counts uh in this case
both Donald Trump and uh his personal
aide who was a valet When Donald Trump
was in the White House Walt now to then
a personal aide after Donald Trump left
the white house uh is also a criminal
defendant in this case and then of
course there's just a lot of detailed
text messages that were sent from Walt
now to others including Donald Trump's
family members talking about moving the
boxes messages from Walt now to other
employees he's talking about Donald
Trump moving the boxes and then of
course there are photographs of these
boxes that include highly classified
information so there are boxes in a
storage room in a Auditorium room there
are boxes that are in a bathroom and you
see classified documents that are just
like on the floor in a uh in a shower
and those are in this uh indictment so
Karen what were your main takeaways from
this indictment that was just unsealed
so again I I like Jack Smith I urge
everybody to read this indictment it
really does tell a powerful compelling
story of why this is a righteous
prosecution and why this isn't just a
situation of well everybody does it and
you know they found them at Biden's
house and they find classified documents
at Pence's house and it's an accident
and you know and thankfully in his CNN
Town Hall he took that it was an
accident uh defense off the table when
he said I I could possess it you know
there's nothing wrong with me possessing
it and and so he underscored the
willfulness in his own words but what
what Jack Smith uh and the Department of
Justice did in this indictment
is they really just
explained uh to everybody what is in
there and why this is an important case
and why this affects our national
security our military our foreign allies
our foreign enemies and how he really
possessed all of these documents that
were you know he Jack Smith talked about
the different classification levels he
spelled it out so that none of us had to
guess right some people might not know
what's is top secret more is that worse
than classified he spelled all all the
levels and he described them he even
talked about certain levels of class
classification that I have never heard
before one was called No foreign or
something that meant no foreign
government you know people should be
able to have access to this and he
spelled out all the classification
levels and and the briefings that Donald
Trump would get and then he went on to
describe in painstaking details scale
the efforts that the Department of
Justice made to to get these documents
and then the uh the criminal efforts
that Donald Trump with others including
Walt nada
did to conceal them that and they puts
the dates out there of you know on this
date we asked for something and then two
weeks later waltonatta moves the
document the boxes of documents so that
when we go search it you know it's not
it's not there and you know he just goes
through it in in detail
um there was and and so they really just
build a case I mean in some ways it's
like it's like the opening statement of
of the trial is really this indictment
you know they're going to talk about it
who who's Donald Trump who's Walt natto
what do they do who are these documents
what do they mean what is the
classification system who's allowed to
have them who's not what are the facts
that shows that Donald Trump knew that
he wasn't supposed to do this and they
talk about statements that Donald Trump
made during his campaign and while he
was president and so that he knew that
you have to be careful and that these
are things that you know are needed to
protect the nation and then Jack Smith
Goes On To You Know describe with photos
and and and uh evidence
um evidentiary photos in there of that
that's a box of documents of top secret
documents that Spilled Out and Walt NADA
took a picture of it and texted it
saying you know there's there's top
secret uh documents in here and this is
a room that is often unlocked there are
people who come in and out of there and
you know there's another another one uh
in his bathroom right so in his shower
in his bathroom those had had top secret
documents and then there was a ballroom
on a stage which I found stunning that
they said they were classified in top
secret National Security documents in
there and there were thousands of people
who came in and out of there I mean it's
on Mar-A-Lago itself isn't considered a
secure place to have these documents you
know these these documents some of them
are are only allowed to be looked at in
something called a skiff which
stands for I don't even remember what it
stands for
um instead of department and information
facility thank you there you go and and
Mar-A-Lago is not a skiff you know so
you the the fact that he had these
documents that anyone could get to
people went in and out it just really
and and that he didn't do it
unintentionally he did it intentionally
he knew he did it and they talked about
those that recording that we've heard
about uh in Bedminster New Jersey where
he was was waving around
um some kind of paper talking to
somebody in a in the in the mark Meadows
um uh autobiography you know he was he
was showing off that he had talked
secret information going oh but I'm not
supposed to show this to you you know
and whatever like so Jack Smith even
puts that in the indictment to show that
um you know that Trump knew what he was
doing so I just think it's stunning it's
dangerous he's he's a uh he's a danger
to to the world frankly I mean there
were nuclear codes of of a foreign
country I think it was I think you were
you were reading it earlier
um when we were talking about it count
five you know he had the nuclear codes
of a foreign country and I mean it's
just crazy you know the military
capabilities and attack plans I mean the
guy is just dangerous and so this was
this was a willful retention of
information related to the National
Defense and that's what this was
um you know I think it's a very
righteous prosecution and Jack Smith
made the case in this indictment to show
that this was a a righteous prosecution
yeah and I want to let's focus on just a
few more portions of this indictment
that was unsealed you go to page 44 you
see that it was signed by the four
person
um this you know this was uh not
special counsel Jack Smith just doing
this on his own this was not President
Biden right this was the Department of
Justice that appointed a special counsel
the special counsel presented to a grand
jury and a grand jury is who ultimately
voted to indict Donald Trump uh the
evidence against Donald Trump went
before a jury a grand jury of Donald
Trump's peers turning to uh paragraph
three of this unsealed indictment on
page two it talks about how the
classified documents Trump stored in his
boxes included information regarding
defense and weapons capabilities of both
the United States and foreign countries
United States nuclear programs potential
vulnerabilities of the United States and
its allies to military attack and plans
for possible retaliation in response to
a foreign attack the unauthorized
disclosure of these classified documents
could put out risk the National Security
of the United States far relations the
safety of the United States military and
human sources and the continued
viability of sensitive intelligence
collection methods you go to paragraph
six it talks about two specific
occasions where there is actually
recordings and documented proof where
Donald Trump was just showing classified
information and sensitive compartmented
information to just like random people
um in paragraph 6A it talks about how
Donald Trump was showing uh information
about plans regarding a military attack
involving Iran uh to uh to a ghost
writers who were writing Mark Meadows uh
book and then in 6B it talks about
Donald Trump showing a military map
involving classified military operations
to someone affiliated with his political
action organization the uh unsealed
indictment goes on to show those
photographs that we put up earlier where
these documents were being being kept at
Mar-A-Lago how they were just kind of on
the floor you see from this image that
we're showing right now you can actually
see the classified border on the
documents on the bottom right by the box
that's how it was just being kept and
again this is highly highly sensitive
information there's this photograph of
classified information being kept in a
bathroom the com the unsealed indictment
details uh how Walt nauta and Donald
Trump would try to move these documents
to different locations board them on
airplanes bring them to Bedminster and
then just one example of these text
messages there's a ton of examples of
text messages here that shows how uh
special counsel Jack Smith got a lot of
this information about
these documents being moved but you go
to page 22 and page 23 and it talks
about uh here let's go to page 23 uh and
this is from paragraph 58c and it says
on May 30th 2022 at 12 33 PM a trump
family member texted nauta good
afternoon Walt happy Memorial Day I saw
you put boxes to POTUS room just FYI and
I will tell him as well not sure how
many he wants to take on Friday on the
plane we will not have room for them
plane will be full of luggage thank you
and now to reply good afternoon ma'am
smiley face emoji thank you so much I
think he wanted to pick from them I
don't imagine him wanting to take the
boxes he told me to put them in the room
and that he was going to talk to you
about them there's countless other
examples like this but his picking from
the boxes to take classified information
with him from different locations and
we're even hearing from people in
Trump's orbit someone like a lawyer by
the name of Jonathan Turley who's like
the right wing kind of Spin Master who
always talks about the doj's politicized
and all of these things even he's saying
when he went on Fox that this was
incredibly damaging to Donald Trump and
this is a very serious indictment and
very very very damaging final words
Karen Friedman eggniffilo about the
press conference and everything we're
seeing yeah so I
indictment it was red
was written it wasn't written for
lawyers and and judges and I think it
really is important to to to read it
everybody to know it to be able to fight
back when people say but everybody does
it when his supporters say that and I
just think uh there's going to be a lot
more to come here you know that's going
that we're going to see but the
allegations are obviously very very
strong and it's a I think it's great
work that was done by Jack Smith and his
people and people like Evan Corcoran his
his lawyer you know the notes that he
took it's very clear that that was a
road map for Jack Smith to to know that
Donald to show Donald Trump's state of
mind that he was intimately involved in
the packing and the moving of these
boxes and of these documents that he
knew what he had and that this was a
willful intentional obstruction of
justice thank you very much Karen
Friedman agnifolo thank you everybody
who's watching this and we will of
course keep you posted as we learn more
we will do analysis on other aspects of
this indictment we'll do uh analysis of
what we expect to happen next and of
course any breaking news we will bring
to you here on the Midas touch Network
thank you for watching hit subscribe on
the YouTube channel And subscribe to the
legal AF podcast and don't forget to uh
watch legal AF live tomorrow at 5
Pacific 8 Eastern uh we could watch that
on Saturday five Pacific 8 Eastern have
a great day and hit subscribe
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Re: Trump lashes out at Gov. Doug Ducey following certificat

Postby admin » Sat Jun 10, 2023 1:10 am

Part 1 of 2

[First] Indictment
USDC, Southern District of Florida
United States of America v. Donald J. Trump and Waltine Nauta
Case No. 23-80101-CR-Cannon/Reinhart
by Jack Smith, Special Counsel
6/8/23



UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA


Case No. 23-80101-CR-CANNON/REINHART
18 U.S.C. § 793(e)
18 U.S.C. § 1512(k)
18 U.S.C. § 1512(b)(2)(A)
18 U.S.C. § 1512(c)(1)
18 U.S.C. § 1519
18 U.S.C. § 1001(a)(1)
18 U.S.C. § 1011(a)(2)
18 U.S.C. § 2

UNITED STATES OF AMERICA
v.
DONALD J. TRUMP and WALTINE NAUTA,
Defendants.

INDICTMENT

The Grand Jury charges that:

GENERAL ALLEGATIONS

At times material to this Indictment, on or about the dates and approximate times stated below:

Introduction

1. Defendant DONALD J. TRUMP was the forty-fifth President of the United States of America. He held office from January 20, 2017, until January 20, 2021. As president, TRUMP had lawful access to the most sensitive classified documents and national defense information gathered and owned by the United States government, including information from the agencies that comprise the United States Intelligence Community and the United States Department of Defense.

2. Over the course of his presidency, TRUMP gathered newspapers, press clippings, letters, notes, cards, photographs, official documents, and other materials in cardboard boxes that he kept in the White House. Among the materials TRUMP stored in his boxes were hundreds of classified documents.

3. The classified documents TRUMP stored in his boxes included information regarding defense and weapons capabilities of both the United States and foreign countries; United States nuclear programs; potential vulnerabilities of the United States and its allies to military attack; and plans for possible retaliation in response to a foreign attack. The unauthorized disclosure of these classified documents could put at risk the national security of the United States, foreign relations, the safety of the United States military, and human sources and the continued viability of sensitive intelligence collection methods.

4. At 12:00 p.m. on January 20, 2021, TRUMP ceased to be president. As he departed the White House, TRUMP caused scores of boxes, many of which contained classified documents, to be transported to The Mar-a-Lago Club in Palm Beach, Florida, where he maintained his residence. TRUMP was not authorized to possess or retain those classified documents.

5. The Mar-a-Lago Club was an active social club, which, between January 2021 and August 2022, hosted events for tens of thousands of members and guests. After TRUMP's presidency, The Mar-a-Lago Club was not an authorized location for the storage, possession, review, display, or discussion of classified documents. Nevertheless, TRUMP stored his boxes containing classified documents in various locations at The Mar-a-Lago Club-including in a ballroom, a bathroom and shower, an office space, his bedroom, and a storage room.

6. On two occasions in 2021, TRUMP showed classified documents to others, as follows:

a. In July 2021, at Trump National Golf Club in Bedminster, New Jersey ("The Bedminster Club"), during an audio-recorded meeting with a writer, a publisher, and two members of his staff, none of whom possessed a security clearance, TRUMP showed and described a "plan of attack" that TRUMP said was prepared for him by the Department of Defense and a senior military official. TRUMP told the individuals that the plan was "highly confidential" and "secret." TRUMP also said, "as president I could have declassified it," and, "Now I can't, you know, but this is still a secret."

b. In August or September 2021, at The Bedminster Club, TRUMP showed a representative of his political action committee who did not possess a security clearance a classified map related to a military operation and told the representative that he should not be showing it to the representative and that the representative should not get too close.

7. On March 30, 2022, the Federal Bureau of Investigation ("FBI") opened a criminal investigation into the unlawful retention of classified documents at The Mar-a-Lago Club. A federal grand jury investigation began the next month. The grand jury issued a subpoena requiring TRUMP to turn over all documents with classification markings. TRUMP endeavored to obstruct the FBI and grand jury investigations and conceal his continued retention of classified documents by, among other things:

a. suggesting that his attorney falsely represent to the FBI and grand jury that TRUMP did not have documents called for by the grand jury subpoena;

b. directing defendant WALTINE NAUTA to move boxes of documents to conceal them from TRUMP's attorney, the FBI, and the grand jury;

c. suggesting that his attorney hide or destroy documents called for by the grand jury subpoena;

d. providing to the FBI and grand jury just some of the documents called for by the grand jury subpoena, while claiming that he was cooperating fully; and

e. causing a certification to be submitted to the FBI and grand jury falsely representing that all documents called for by the grand jury subpoena had been produced-while knowing that, in fact, not all such documents had been produced.

8. As a result of TRUMP's retention of classified documents after his presidency and refusal to return them, hundreds of classified documents were not recovered by the United States government until 2022, as follows:

a. On January 17, nearly one year after TRUMP left office, and after months of demands by the National Archives and Records Administration for TRUMP to provide all missing presidential records, TRUMP provided only 15 boxes, which contained 197 documents with classification markings.

b. On June 3, in response to a grand jury subpoena demanding the production of all documents with classification markings, TRUMP's attorney provided to the FBI 38 more documents with classification markings.

c. On August 8, pursuant to a court-authorized search warrant, the FBI recovered from TRUMP's office and a storage room at The Mar-a-Lago Club 102 more documents with classification markings.

TRUMP's Co-Conspirator

9. Defendant NAUTA was a member of the United States Navy stationed as a valet in the White House during TRUMP's presidency. Beginning in August 2021, NAUTA became an executive assistant in The Office of Donald J. Trump and served as TRUMP's personal aide or "body man." NAUTA reported to TRUMP, worked closely with TRUMP, and traveled with TRUMP.

The Mar-a-Lago Club

10. The Mar-a-Lago Club was located on South Ocean Boulevard in Palm Beach, Florida, and included TRUMP's residence, more than 25 guest rooms, two ballrooms, a spa, a gift store, exercise facilities, office space, and an outdoor pool and patio. As of January 2021, The Mar-a-Lago Club had hundreds of members and was staffed by more than 150 full-time, part-time, and temporary employees.

11. Between January 2021 and August 2022, The Mar-a-Lago Club hosted more than 150 social events, including weddings, movie premieres, and fundraisers that together drew tens of thousands of guests.


12. The United States Secret Service (the "Secret Service") provided protection services to TRUMP and his family after he left office, including at The Mar-a-Lago Club, but it was not responsible for the protection of TRUMP's boxes or their contents. TRUMP did not inform the Secret Service that he was storing boxes containing classified documents at The Mar-a-Lago Club.

Classified Information

13. National security information was information owned by, produced by, produced for, and under the control of the United States government. Pursuant to Executive Order 12958, signed on April 17, 1995, as amended by Executive Order 13292 on March 25, 2003, and Executive Order 13526 on December 29, 2009, national security information was classified as "TOP SECRET," "SECRET," or "CONFIDENTIAL," as follows:

a. Information was classified as TOP SECRET if the unauthorized disclosure of that information reasonably could be expected to cause exceptionally grave damage to the national security that the original classification authority was able to identify or describe.

b. Information was classified as SECRET if the unauthorized disclosure of that information reasonably could be expected to cause serious damage to the national security that the original classification authority was able to identify or describe.

c. Information was classified as CONFIDENTIAL if the unauthorized disclosure of that information reasonably could be expected to cause damage to the national security that the original classification authority was able to identify or describe.

14. The classification marking "NOFORN" stood for "Not Releasable to Foreign Nationals" and denoted that dissemination of that information was limited to United States persons.

15. Classified information related to intelligence sources, methods, and analytical processes was designated as Sensitive Compartmented Information ("SCI"). SCI was to be processed, stored, used, or discussed in an accredited Sensitive Compartmented Information Facility ("SCIF"), and only individuals with the appropriate security clearance and additional SCI permissions were authorized to have access to such national security information.

16. When the vulnerability of, or threat to, specific classified information was exceptional, and the normal criteria for determining eligibility for access to classified information were insufficient to protect the information from unauthorized disclosure, the United States could establish Special Access Programs ("SAPs") to further protect the classified information. The number of these programs was to be kept to an absolute minimum and limited to programs in which the number of persons who ordinarily would have access would be reasonably small and commensurate with the objective of providing enhanced protection for the information involved. Only individuals with the appropriate security clearance and additional SAP permissions were authorized to have access to such national security information, which was subject to enhanced handling and storage requirements.

17. Pursuant to Executive Order 13526, information classified at any level could be lawfully accessed only by persons determined by an appropriate United States government official to be eligible for access to classified information and who had signed an approved non-disclosure agreement, who received a security clearance, and who had a "need-to-know" the classified information. After his presidency, TRUMP was not authorized to possess or retain classified documents.

18. Executive Order 13526 provided that a former president could obtain a waiver of the "need-to-know" requirement, if the agency head or senior agency official of the agency that originated the classified information: (1) determined in writing that access was consistent with the interest of national security and (2) took appropriate steps to protect classified information from unauthorized disclosure or compromise and ensured that the information was safeguarded in a manner consistent with the order. TRUMP did not obtain any such waiver after his presidency.

The Executive Branch Departments and Agencies Whose Classified Documents TRUMP Retained After His Presidency

19. As part of his official duties as president, TRUMP received intelligence briefings from high-level United States government officials, including briefings from the Director of the Central Intelligence Agency, the Chairman of the Joint Chiefs of Staff, senior White House officials, and a designated briefer. He regularly received a collection of classified intelligence from the United States Intelligence Community ("USIC") known as the "President's Daily Brief."

20. The USIC's mission was to collect, analyze, and deliver foreign intelligence and counterintelligence information to America's leaders, including the president, policymakers, law enforcement, and the military, so they could make sound decisions to protect the United States. The USIC consisted of United States executive branch departments and agencies responsible for the conduct of foreign relations and the protection of national security.

21. After his presidency, TRUMP retained classified documents originated by, or implicating the equities of, multiple USIC members and other executive branch departments and agencies, including the following:

a. The Central Intelligence Agency ("CIA"). CIA was responsible for providing intelligence on foreign countries and global issues to the president and other policymakers to help them make national security decisions.

b. The Department of Defense ("DoD"). DoD was responsible for providing the military forces needed to deter war and ensure national security. Some of the executive branch agencies comprising the USIC were within DoD.

c. The National Security Agency. The National Security Agency was a combat support agency within DoD and a member of the USIC responsible for foreign signals intelligence and cybersecurity. This included collecting, processing, and disseminating to United States policymakers and military leaders foreign intelligence derived from communications and information systems; protecting national security systems; and enabling computer network operations.

d. The National Geospatial Intelligence Agency. The National Geospatial Intelligence Agency was a combat support agency within DoD responsible for the exploitation and analysis of imagery, imagery intelligence, and geospatial information in support of the national security objectives of the United States and the geospatial intelligence requirements of DoD, the Department of State, and other federal agencies.

e. The National Reconnaissance Office. The National Reconnaissance Office was an agency within DoD responsible for developing, acquiring, launching, and operating space-based surveillance and reconnaissance systems that collected and delivered intelligence to enhance national security.

f. The Department of Energy. The Department of Energy was responsible for maintaining a safe, secure, and effective nuclear deterrent to protect national security, including ensuring the effectiveness of the United States nuclear weapons stockpile without nuclear explosive testing.

g. The Department of State and Bureau of Intelligence and Research. The Department of State was responsible for protecting and promoting United States security, prosperity, and democratic values. Within the Department of State, the Bureau of Intelligence and Research was a member of the USIC and responsible for providing intelligence to inform diplomacy and support United States diplomats.

TRUMP's Public Statements on Classified Information

22. As a candidate for President of the United States, TRUMP made the following public statements, among others, about classified information:

a. On August 18, 2016, TRUMP stated, "In my administration I'm going to enforce all laws concerning the protection of classified information. No one will be above the law."

b. On September 6, 2016, TRUMP stated, "We also need to fight this battle by collecting intelligence and then protecting, protecting our classified secrets. ... We can't have someone in the Oval Office who doesn't understand the meaning of the word confidential or classified."

c. On September 7, 2016, TRUMP stated, "[O]ne of the first things we must do is to enforce all classification rules and to enforce all laws relating to the handling of classified information."

d. On September 19, 2016, TRUMP stated, "We also need the best protection of classified information."

e. On November 3, 2016, TRUMP stated, "Service members here in North Carolina have risked their lives to acquire classified intelligence to protect our country."

23. As President of the United States, on July 26, 2018, TRUMP issued the following statement about classified information:


As the head of the executive branch and Commander in Chief, I have a unique, Constitutional responsibility to protect the Nation's classified information, including by controlling access to it. ... More broadly, the issue of [a former executive branch official's] security clearance raises larger questions about the practice of former officials maintaining access to our Nation's most sensitive secrets long after their time in Government has ended. Such access is particularly inappropriate when former officials have transitioned into highly partisan positions and seek to use real or perceived access to sensitive information to validate their political attacks. Any access granted to our Nation's secrets should be in furtherance of national, not personal, interests.


TRUMP's Retention of Classified Documents After His Presidency

24. In January 2021, as he was preparing to leave the White House, TRUMP and his White House staff, including NAUTA, packed items, including some of TRUMP's boxes. TRUMP was personally involved in this process. TRUMP caused his boxes, containing hundreds of classified documents, to be transported from the White House to The Mar-a-Lago Club.

25. From January through March 15, 2021, some of TRUMP's boxes were stored in The Mar-a-Lago Club's White and Gold Ballroom, in which events and gatherings took place. TRUMP's boxes were for a time stacked on the ballroom's stage
, as depicted in the photograph below (redacted to obscure an individual's identity).

Image

26. In March 2021, NAUTA and others moved some of TRUMP's boxes from the White and Gold Ballroom to the business center at The Mar-a-Lago Club.

27. On April 5, 2021, an employee of The Office of Donald J. Trump ("Trump Employee 1") texted another employee of that office ("Trump Employee 2") to ask whether TRUMP's boxes could be moved out of the business center to make room for staff to use it as an office.
Trump Employee 2 replied, "Woah! Ok so potus specifically asked Walt for those boxes to be in the business center because they are his 'papers.'" Later that day, Trump Employee 1 and Trump Employee 2 exchanged the following text messages:

Trump Employee 2:

We can definitely make it work if we move his papers into the lake room?


Trump Employee 1:

There is still a little room in the shower where his other stuff is. Is it only his papers he cares about? Theres some other stuff in there that are not papers. Could that go to storage? Or does he want everything in there on property


Trump Employee 2:

Yes - anything that's not the beautiful mind [movie: A Beautiful Mind, directed by Ron Howard] paper boxes can definitely go to storage. Want to take a look at the space and start moving tomorrow AM?


28. After the text exchange between Trump Employee 1 and Trump Employee 2, in April 2021, some of TRUMP's boxes were moved from the business center to a bathroom and shower in The Mar-a-Lago Club's Lake Room, as depicted in the photograph below.

Image

29. In May 2021, TRUMP directed that a storage room on the ground floor of The Mar-a-Lago Club (the "Storage Room") be cleaned out so that it could be used to store his boxes. The hallway leading to the Storage Room could be reached from multiple outside entrances, including one accessible from The Mar-a-Lago Club pool patio through a doorway that was often kept open. The Storage Room was near the liquor supply closet, linen room, lock shop, and various other rooms.

30. On June 24, 2021, TRUMP's boxes that were in the Lake Room were moved to the Storage Room. After the move, there were more than 80 boxes in the Storage Room, as depicted in the photographs below.

Image

Image

31. On December 7, 2021, NAUTA found several of TRUMP's boxes fallen and their contents spilled onto the floor of the Storage Room, including a document marked "SECRET/REL TO USA, FVEY," which denoted that the information in the document was releasable only to the Five Eyes intelligence alliance consisting of Australia, Canada, New Zealand, the United Kingdom, and the United States. NAUTA texted Trump Employee 2, "I opened the door and found this ... " NAUTA also attached two photographs he took of the spill. Trump Employee 2 replied, "Oh no oh no," and "I'm sorry potus had my phone." One of the photographs NAUTA texted to Trump Employee 2 is depicted below with the visible classified information redacted. TRUMP's unlawful retention of this document is charged in Count 8 of this Indictment.

Image

TRUMP's Disclosures of Classified Information in Private Meetings

32. In May 2021, TRUMP caused some of his boxes to be brought to his summer residence at The Bedminster Club. Like The Mar-a-Lago Club, after TRUMP's presidency, The Bedminster Club was not an authorized location for the storage, possession, review, display, or discussion of classified documents.

33. On July 21, 2021, when he was no longer president, TRUMP gave an interview in his office at The Bedminster Club to a writer and a publisher in connection with a then-forthcoming book. Two members of TRUMP's staff also attended the interview, which was recorded with TRUMP's knowledge and consent. Before the interview, the media had published reports that, at the end of TRUMP's term as president, a senior military official (the "Senior Military Official") purportedly feared that TRUMP might order an attack on Country A and that the Senior Military Official advised TRUMP against doing so.

34. Upon greeting the writer, publisher, and his two staff members, TRUMP stated, "Look what I found, this was [the Senior Military Official's] plan of attack, read it and just show ... it's interesting." Later in the interview, TRUMP engaged in the following exchange:


TRUMP: Well, with [the Senior Military Official] -- uh, let me see that, I'll show you an example. He said that I wanted to attack [Country A]. Isn't it amazing? I have a big pile of papers, this thing just came up. Look. This was him. They presented me this -- this is off the record, but -- they presented me this. This was him. This was the Defense Department and him.

WRITER: Wow.

TRUMP: We looked at some. This was him. This wasn't done by me, this was him. All sorts of stuff -- pages long, look.

STAFFER: Mm.

TRUMP: Wait a minute, let's see here.

STAFFER: [Laughter] Yeah.

TRUMP: I just found, isn't that amazing? This totally wins my case, you know.

STAFFER: Mm-hm.

TRUMP: Except it is like, highly confidential.

STAFFER: Yeah. [Laughter]

TRUMP: Secret. This is secret information. Look, look at this. You attack, and --

* * *

TRUMP: By the way. Isn't that incredible?

STAFFER: Yeah.

TRUMP: I was just thinking, because we were talking about it. And you know, he said, "he wanted to attack [Country A], and what ... "

STAFFER: You did.

TRUMP: This was done by the military and given to me. Uh, I think we can probably, right?

STAFFER: I don't know, we'll, we'll have to see. Yeah, we'll have to try to --

TRUMP: Declassify it.

STAFFER: -- figure out a -- yeah.

TRUMP: See as president I could have declassified it.

STAFFER: Yeah. [Laughter]

TRUMP: Now I can't, you know, but this is still a secret.

STAFFER: Yeah. [Laughter] Now we have a problem.

TRUMP: Isn't that interesting?


At the time of this exchange, the writer, the publisher, and TRUMP's two staff members did not have security clearances or any need-to-know any classified information about a plan of attack on Country A.

35. In August or September 2021, when he was no longer president, TRUMP met in his office at The Bedminster Club with a representative of his political action committee (the "PAC Representative"). During the meeting, TRUMP commented that an ongoing military operation in Country B was not going well. TRUMP showed the PAC Representative a classified map of Country B and told the PAC Representative that he should not be showing the map to the PAC Representative and to not get too close. The PAC Representative did not have a security clearance or any need-to-know classified information about the military operation.

36. On February 16, 2017, four years before TRUMP's disclosures of classified information set forth above, TRUMP said at a press conference:

The first thing I thought of when I heard about it is, how does the press get this information that's classified? How do they do it? You know why? Because it's an illegal process, and the press should be ashamed of themselves. But more importantly, the people that gave out the information to the press should be ashamed of themselves. Really ashamed.


TRUMP's Production of 15 Cardboard Boxes to the National Archives and Records Administration

37. Beginning in May 2021, the National Archives and Records Administration ("NARA"), which was responsible for archiving presidential records, repeatedly demanded that TRUMP turn over presidential records that he had kept after his presidency. On multiple occasions, beginning in June, NARA warned TRUMP through his representatives that if he did not comply, it would refer the matter of the missing records to the Department of Justice.

38. Between November 2021 and January 2022, NAUTA and Trump Employee 2 -- at TRUMP's direction -- brought boxes from the Storage Room to TRUMP's residence for TRUMP to review.

39. On November 12,2021, Trump Employee 2 provided TRUMP a photograph of his boxes in the Storage Room by taping it to one of the boxes that Trump Employee 2 had placed in TRUMP's residence. Trump Employee 2 provided TRUMP the photograph so that TRUMP could see how many of his boxes were stored in the Storage Room. The photograph, shown below, depicted a wall of the Storage Room against which dozens of TRUMP's boxes were stacked.

Image

40. On November 17, 2021, NAUTA texted Trump Employee 2 about the photograph Trump Employee 2 had provided to TRUMP, stating, "He mentioned about a picture of the 'boxes' he wants me to see it?" Trump Employee 2 replied, "Calling you shortly."

41. On November 25, 2021, Trump Employee 2 texted NAUTA about TRUMP's review of the contents of his boxes, asking, "Has he mentioned boxes to you? I delivered some, but I think he may need more. Could you ask if he'd like more in pine hall?" Pine Hall was an entry room in TRUMP's residence. NAUTA replied in three successive text messages:

Nothing about boxes yet
He has one he's working on in pine hall
Knocked out 2 boxes yesterday


42. On November 29, 2021, Trump Employee 2 texted NAUTA, asking, "Next you are on property (no rush) could you help me bring 4 more boxes up?" NAUTA replied, "Yes!! Of course."

43. On December 29, 2021, Trump Employee 2 texted a TRUMP representative who was in contact with NARA ("Trump Representative 1"), "box answer will be wrenched out of him today, promise!" The next day, Trump Representative 1 replied in two successive text messages:


Hey - Just checking on Boxes ...
would love to have a number to them today


Trump Employee 2 spoke to TRUMP and then responded a few hours later in two successive text messages:

12
Is his number


44. On January 13, 2022, NAUTA texted Trump Employee 2 about TRUMP's "tracking" of boxes, stating, "He's tracking the boxes, more to follow today on whether he wants to go through more today or tomorrow." Trump Employee 2 replied, "Thank you!"

45. On January 15, 2022, NAUTA sent Trump Employee 2 four successive text messages:

One thing he asked
Was for new covers for the boxes, for Monday m.
Morning
*can we get new box covers before giving these to them on Monday? They have too much writing on them..I marked too much


Trump Employee 2 replied, "Yes, I will get that!"

46. On January 17, 2022, Trump Employee 2 and NAUTA gathered 15 boxes from TRUMP's residence, loaded the boxes in NAUTA's car, and took them to a commercial truck for delivery to NARA.

47. When interviewed by the FBI in May 2022 regarding the location and movement of boxes before the production to NARA, NAUTA made false and misleading statements as set forth in Count 38 of this Indictment, including:

a. falsely stating that he was not aware of TRUMP's boxes being brought to TRUMP's residence for his review before TRUMP provided 15 boxes to NARA in January 2022;

b. falsely stating that he did not know how the boxes that he and Trump Employee 2 brought from TRUMP's residence to the commercial truck for delivery to NARA on January 17, 2022, had gotten to the residence; and

c. when asked whether he knew where TRUMP's boxes had been stored before they were in TRUMP's residence and whether they had been in a secure or locked location, NAUTA falsely responded, "I wish, I wish I could tell you. I don't know. I don't -- I honestly just don't know."

48. When the 15 boxes that TRUMP had provided reached NARA in January 2022, NARA reviewed the contents and determined that 14 of the boxes contained documents with classification markings. Specifically, as the FBI later determined, the boxes contained 197 documents with classification markings, of which 98 were marked "SECRET," 30 were marked "TOP SECRET," and the remainder were marked "CONFIDENTIAL." Some of those documents also contained SCI and SAP markings.


49. On February 9, 2022, NARA referred the discovery of classified documents in TRUMP's boxes to the Department of Justice for investigation.

The FBI and Grand Jury Investigations

50. On March 30, 2022, the FBI opened a criminal investigation.

51. On April 26, 2022, a federal grand jury opened an investigation.

The Defendants' Concealment of Boxes

52. On May 11, 2022, the grand jury issued a subpoena (the "May 11 Subpoena") to The Office of Donald J. Trump requiring the production of all documents with classification markings in the possession, custody, or control of TRUMP or The Office of Donald J. Trump. Two attorneys representing TRUMP ("Trump Attorney 1" [Matthew Evan Corcoran?] and "Trump Attorney 2" [Lindsey R. Halligan?]) informed TRUMP of the May 11 Subpoena, and he authorized Trump Attorney 1 to accept service.

53. On May 22, 2022, NAUTA entered the Storage Room at 3:47 p.m. and left approximately 34 minutes later, carrying one of TRUMP's boxes.

54. On May 23, 2022, TRUMP met with Trump Attorney 1 and Trump Attorney 2 at The Mar-a-Lago Club to discuss the response to the May 11 Subpoena. Trump Attorney 1 and Trump Attorney 2 told TRUMP that they needed to search for documents that would be responsive to the subpoena and provide a certification that there had been compliance with the subpoena. TRUMP, in sum and substance, made the following statements, among others, as memorialized by Trump Attorney 1:

a. I don't want anybody looking, I don't want anybody looking through my boxes, I really don't, I don't want you looking through my boxes.

b. Well what if we, what happens if we just don't respond at all or don't play ball with them?

c. Wouldn't it be better if we just told them we don't have anything here?

d. Well look isn't it better if there are no documents?

55. While meeting with Trump Attorney 1 and Trump Attorney 2 on May 23, TRUMP, in sum and substance, told the following story, as memorialized by Trump Attorney 1:


[Attorney], he was great, he did a great job. You know what? He said, he said that it -- that it was him. That he was the one who deleted all of her emails, the 30,000 emails, because they basically dealt with her scheduling and her going to the gym and her having beauty appointments. And he was great. And he, so she didn't get in any trouble because he said that he was the one who deleted them.


TRUMP related the story more than once that day.

56. On May 23, TRUMP also confirmed his understanding with Trump Attorney 1 that Trump Attorney 1 would return to The Mar-a-Lago Club on June 2 to search for any documents with classification markings to produce in response to the May 11 Subpoena. Trump Attorney 1 made it clear to TRUMP that Trump Attorney 1 would conduct the search for responsive documents by looking through TRUMP's boxes that had been transported from the White House and remained in storage at The Mar-a-Lago Club. TRUMP indicated that he wanted to be at The Mar-a-Lago Club when Trump Attorney 1 returned to review his boxes on June 2, and that TRUMP would change his summer travel plans to do so. TRUMP told Trump Attorney 2 that Trump Attorney 2 did not need to be present for the review of boxes.

57. After meeting with Trump Attorney 1 and Trump Attorney 2 on May 23, TRUMP delayed his departure from The Mar-a-Lago Club to The Bedminster Club for the summer so that he would be present at The Mar-a-Lago Club on June 2, when Trump Attorney 1 returned to review the boxes.


58. Between TRUMP's May 23 meeting with Trump Attorney 1 and Trump Attorney 2 to discuss the May 11 Subpoena, and June 2, when Trump Attorney 1 returned to The Mar-a-Lago Club to review the boxes in the Storage Room, NAUTA removed -- at TRUMP's direction -- a total of approximately 64 boxes from the Storage Room and brought them to TRUMP's residence, as set forth below:

a. On May 24, 2022, between 5:30 p.m. and 5:38 p.m., NAUTA removed three boxes from the Storage Room.

b. On May 30, 2022, at 9:08 a.m., TRUMP and NAUTA spoke by phone for approximately 30 seconds. Between 10:02 a.m. and 11:51 a.m., NAUTA removed a total of approximately 50 boxes from the Storage Room.

c. On May 30, 2022, at 12:33 p.m., a Trump family member [Melania Trump?] texted NAUTA:

Good afternoon Walt,
Happy Memorial Day!

I saw you put boxes to Potus room. Just FYI and I
will tell him as well:
Not sure how many he wants to take on Friday on the
plane. We will NOT have a room for them. Plane will
be full with luggage.
Thank you!


NAUTA replied:

Good Afternoon Ma'am [Smiley Face Emoji]
Thank you so much.

I think he wanted to pick from them. I don't imagine
him wanting to take the boxes.

He told me to put them in the room and that he was
going to talk to you about them.


d. On June 1, 2022, beginning at 12:52 p.m., NAUTA removed approximately 11 boxes from the Storage Room.

59. On June 1, 2022, TRUMP spoke with Trump Attorney 1 by phone and asked whether Trump Attorney 1 was coming to The Mar-a-Lago Club the next day and for exactly what purpose. Trump Attorney 1 reminded TRUMP that Trump Attorney 1 was going to review the boxes that had been transported from the White House and remained in storage at The Mar-a-Lago Club so that Trump Attorney 1 could have a custodian of records certify that the May 11 subpoena had been complied with fully.

60. On June 2, 2022, the day that Trump Attorney 1 was scheduled to review TRUMP's boxes in the Storage Room, TRUMP spoke with NAUTA on the phone at 9:29 a.m. for approximately 24 seconds.

61. Later that day, between 12:33 p.m. and 12:52 p.m., NAUTA and an employee of The Mar-a-Lago Club moved approximately 30 boxes from TRUMP's residence to the Storage Room.


62. In sum, between May 23, 2022, and June 2, 2022, before Trump Attorney 1's review of TRUMP's boxes in the Storage Room, NAUTA -- at TRUMP's direction -- moved approximately 64 boxes from the Storage Room to TRUMP's residence and brought to the Storage Room only approximately 30 boxes. Neither TRUMP nor NAUTA informed Trump Attorney 1 of this information.
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