I was having dinner on Miami Beach, Florida, last Friday evening and looked briefly at my “NSA-hacked cellphone” as I waited for my order of guacamole dip. What I was shocked to see was a court order emailed automatically by the clerk’s office of the U.S. District Court for the District of Columbia of the Honorable Amy Berman Jackson, a Harvard educated judicial appointee to the federal court of former President Barack Obama. The court order concerned a case I had filed about a year earlier on behalf the father of Tyrone “Ty” Woods, Charles Woods, and the mother of Sean Smith, Pat Smith, whose sons were two of the victims of the Benghazi terrorist attack. Ty Woods was a Navy SEAL and Sean Smith reportedly an undercover CIA agent who was working with also-deceased Ambassador Christopher Stevens when the terrorists waged their murders.
The theory of this case is that former Secretary of State Hillary Clinton had recklessly disclosed the secret location of the Benghazi consulate by using an illegal private email account and server, which then allowed the terrorists or those working in concert with them like Iran, North Korea and other enemies of the United States, to hack the information and thus target the consulate. This resulted in what lawyers call the “wrongful death” of my clients, punishable by large damages against Clinton.
Another count of this civil complaint had alleged that Clinton had defamed my clients by calling them liars, at the height of her later presidential campaign, when both Charles Woods and Pat Smith truthfully revealed what Hillary had falsely told them was the cause of the deaths of their sons – that the attacks were the result of “a walk in the park” by agitated Muslims who were upset about a video criticizing the prophet Muhammad. (Hillary even told Charles Woods that she was going to see to it the videographer would be criminally prosecuted. Woods, who is a former administrative law judge, recorded this in his diary to preserve it as evidence.) To the contrary, what the public later learned was the Clinton knew all along that the tragedy was perpetrated by al-Qaida and not some random Muslims who had gotten “indigestion” after watching the Muhammad video while eating rancid hummus.
Importantly, Clinton made these false and illegal statements after she had left government service and thus she could not claim government immunity for her actions. The outrageous claim by Hillary that the grieving parents of American heroes who had tragically died in the service of their nation had lied caused them severe emotional distress and harmed their reputations, again punishable by huge damages. But then again, when has Clinton ever worried about decent people like “Gold Star” parents Charles Woods and Pat Smith, rather than her own power-hungry political ambitions. This time, however, I felt that we finally had her in the crosshairs of Lady Justice, and it would be difficult for even this “Houdini in a skirt” to escape this legal straight jacket, as she had in the past.
When I filed this case for my clients, I had it assigned to what I thought was an unbiased and honorable federal judge, Richard J. Leon – a jurist who had courageously ruled twice in my favor over illegal surveillance and spying by Obama’s intelligence agencies – and who was then presiding over a Freedom of Information Act complaint that dealt with the similar issue of who had perpetrated the attack and what Clinton knew about it, when she lied about the cause of the deaths. But Leon, who was then approaching senior status at the court and who apparently wanted to lighten his caseload as a prelude to retirement, threw our case back into the clerk’s random assignment system, and it was then sent by this judicial “wheel of fortune” to Judge Jackson.
At the outset of the case, when Hillary’s legal counsel, David Kendall, routinely filed a motion to dismiss, and Kendall characteristically attacked me personally, I pushed back before Judge Jackson and pointed out how his client had committed many crimes in the past and had lied repeatedly to courts, independent counsels and grand juries, not to mention the public. In response, Judge Jackson chose not to criticize Kendall for his unprofessional ad hominem attacks on me, but instead pointedly warn me not to sharply criticize Clinton and Kendall again.
It was thus apparent that Judge Jackson was yet another biased leftist jurist appointed by Obama, and indeed this proved to be true when on this eve of Memorial Day she predictably dismissed the case, taking the decision to rule on the wrongful death and defamation claims away from the jury Woods and Smith had requested. With regard to the wrongful death claim, she unethically strained to find that Clinton had government immunity for her actions, that is, she was acting within the scope of her employment when she illegally used a private, unsecure email account and server that gave up the location of the consulate to the terrorists. To the contrary, established case law clearly provides that even a secretary of state cannot claim immunity if she is acting illegally at the time.
And as for the dismissal of the defamation claim, this also was a flagrant violation of law, as the issue of who told the truth about the cause of the deaths of my clients’ sons – Hillary or Charles Woods and Pat Smith – was one for a jury to decide, not a conflicted Obama appointed judge.
But while I am confident that Judge Jackson’s politically based rulings will be overturned on appeal, what really outraged me, and which is immoral and unethical, was this jurist’s having unnecessarily issued her order on the eve of Memorial Day. Even were there valid grounds to dismiss the complaint, to do so at this sacred time showed a complete lack of respect for the grieving families of brave servicemen and others who gave their lives for our nation. Judge Jackson chose to dance on their graves to curry favor and become a lifetime member of the “Hillary Fan Club.”
Jackson’s untimely rulings may have bought herself a higher appointment should Clinton or another Democrat win the White House in 2020, but she has also brought herself and the nation dishonor and disgrace.
But most tragically, when it comes to judges appointed by Presidents Obama and, before him, Clinton, who now occupy about 75 percent of the bench, Judge Jackson is sadly not unique. And that is why Freedom Watch’s Judicial Selection Strike Force Coalition, which is designed to vet and recommend honest and unbiased judges to President Trump for appointment, is so crucial. There are presently over 100 vacancies to fill, and thus we have a unique opportunity to get appointed jurists who respect not just the rule of law, but those Americans like Charles Woods and Pat Smith who appear before them to seek justice. See www.judicialselectionstrikeforce.org.
Media wishing to interview Larry Klayman, please contact [email protected].