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Milo Yiannopoulos Is Ordered To Name His Source In 2 Weeks Or Face Contempt Charge

By Matthew Russell Lee, Patreon
BBC - Guardian UK - Honduras - The Source

SDNY COURTHOUSE, Dec 7 – Milo Yiannopoulos has been subpoenaed for information for a lawsuit about the United the Right event, Sines v. Kessler, et al., 18-cv-72 (W.D. Va.)

On July 29 U.S. District Court for the Southern District of New York Judge Katherine Polk Failla held a motion to compel hearing, with Yiannopoulos by video.

Inner City Press live tweeted it, here and some below. 

Now on December 7, Judge Failla has ruled (order on Patreon here) that Milo "is hereby ORDERED to disclose to Movants the names and locations of the two confidential sources referred to in his letter dated October 20, 2020. (See Dkt. #25). Respondent shall provide this information to Movants in writing within fourteen (14) days of the date of this Order. The Court will view a violation of this Order through the lens of its contempt powers. (Signed by Judge Katherine Polk Failla on 12/7/2020)."

 Also, "Respondent’s opposition was due on or before November 19, 2020, and when Respondent failed to submit an opposition, the Court sua sponte extended his deadline to respond to November 27, 2020. (Dkt. #28). To date, Respondent has not submitted an opposition to the instant motion. Therefore, the Court considers the renewed motion to compel to be unopposed, fully briefed, and ripe for decision."


We published the M at Milo.net emails saying "I am intensely sympathetic to the aims of your lawsuit as they relate to Richard Spencer... Stop lying to the court," on Patreon here.

 In the second half of October Milo Yiannopolous wrote to Judge Failla: "Source A is the person from whom I received every video I published on YouTube and supplied to the Plaintiffs, along with basic descriptions of what the videos show. I have been in semi-regular contact with this person, who initially indicated that they would be willing to co-operate with Plaintiffs, but then subsequently: (a) insisted that I not disclose their name, even under seal, and; (b) denied that he had been the one to play me the recordings Plaintiffs are seeking. That situation has not changed since you last heard from me... Respectfully submitted /s/ Milo Yiannopoulos."

Now on November 5 the plaintiffs have shot back, full letter on Patreon here: "Movants questioned Defendant Elliott Kline at length on the subject of Unite the Right planning meetings—and whether they were recorded—at both of his two depositions.1  Mr. Kline was one of the central figures in the planning of Unite the Right and he attended nearly all planning sessions for it. See supra note 1. In fact, Mr. Kline drafted what was referred to as the central “planning document” for the event. Bloch Decl. Ex. 6 at 106, 120-23, 372-79. And indeed, Mr. Kline was the primary individual Respondent identified to Movants’ counsel as being present at one of the Unite the Right-related events depicted in one of the audio recordings that was supposedly in Respondent’s possession. See Dkt. No. 1-2 ¶ 14c.  Despite Mr. Kline’s centrality to Unite the Right planning sessions, however, at neither of his depositions did he describe recordings of planning sessions that match the description of what Respondent has described. Further, Mr. Kline made plain that he took no notes at any of those meetings, and did not have any documents, including any e-mails or text messages, regarding those meetings. Bloch Decl. Ex. 6 at 196. Mr. Kline also made plain that he did not “make any kind of recording” of a meeting with Richard Spencer to plan Unite the Right. Id. at 198. Mr. Kline also testified that he never appeared in a video that someone else had recorded regarding planning of Unite the Right. See id. at 187. Finally, Mr. Kline confirmed that although there were weekly audio meetings on the on-line chat forum, Discord, that he did not record those meetings. Id. at 378.2  For the avoidance of doubt, despite the topic of in-person planning meetings arising at depositions of witnesses in this case, no witness testified to their awareness of the type of recordings that Respondent has described in this action. See Bloch Decl. ¶ 4. * * * Throughout what could be described as a tumultuous litigation, Movants have remained steadfastly focused on seeking evidence of what occurred at the planning meetings for the Unite the Right event. Despite these best efforts, however, they have simply not been able to uncover the evidence that Respondent has described to them. Given that, they have also of course been unable to identify any supposed source(s) for this material. In light of Movants’ efforts, this case is dissimilar to the authorities cited by the Court which rejected challenges to the invocation of the journalist’s privilege. See Dkt. No. 24 at 17– 18. In In re Petroleum Prod. Antitrust Litig., 680 F.2d 5, 8-9 (2d Cir. 1982), the court noted that although there had been significant deposition testimony taken in the action, “there [was] no indication that anyone was asked [at deposition] the simple question [at issue].” As shown above, that is not the case here—the subject of Unite the Right planning meetings came up regularly at depositions. Similarly, in In re Pishevar, 439 F. Supp. 3d 290, 307 (S.D.N.Y. 2020), it was “far from clear what other non-press sources have [the sought-after] information.” Here, for the reasons addressed above, Movants simply have no reason to believe that there is any other available nonpress source (assuming, arguendo, that Respondent is a member of the “press”) for the information that Respondent has described.... Movants have engaged a multi-prong and sustained effort to acquire the identities of individuals who attended planning meetings and to acquire recordings of planning meetings in any form. In sum, the only ever indication that there exist recordings of in-person planning meetings for Unite the Right came from a single source: Respondent. For these reasons, and those stated in Movants’ earlier submissions, Movants respectfully request that the Court reject Respondent’s invocation of the journalist’s privilege."

Inner City Press will continue to cover this case, as many others in the SDNY. This one began this way:

Milo Yiannopoulos is saying he'd like to see Richard Spencer in jail but doesn't like "the funders of this lawsuit, the ADL."

Milo Yiannopoulos: I just publish stuff as I get it. Spencer spent $10,000 to doctor a video to make it appear I was singing to white nationalists. I'm happy to help them with this lawsuit, I just don't have anything. I'm happy to comply with any court order.

 Judge Failla: I'll swear you in. Milo Y: I'm a Christian. 

Judge Failla: ... so help you God. Milo Y: I do. I was served at the Roger Stone trial. Judge Failla: The subpoena was from November 2019. And you met plaintiffs' counsel in Dec?

Milo Y: That sound right.

Judge Failla: You published the Spencer video within 48 hours of receipt?

Milo Y: Yes. And I wrote about it. I heard from a reporter at the Washington Post that he had heard similar things privately from Spencer as well. So I asked about that in my piece.

 Milo Y: The FBI called me on my cell phone and asked to meet.

Judge Failla: Did you meet?

Milo Y: Yes.

Judge Failla: Can you talk about it?

Milo Y: I prefer not to. 

Judge Failla: Had you made a representation to movant's counsel that you had no such materials?

Milo Y: Let me look it up. Judge Failla: I believe it was April 6 of this year. Milo Y: That the video dropped? Judge Failla: Yes.

 Milo Y: I met with them once in their offices in the Empire State Building. I think it's in my online calendar. Give me a moment. 11 am, Wednesday Dec 18. Judge Failla: That's what my law clerk says.

 And we're back: Movant's counsel Benjamin White says that Milo Y recorded a video about the subpoena, flashed at camera an orange hard drive calling it "the vault," saying it was at his home in New York. It is responsive to our subpoena. Was he lying then or now?

 White: Mr Yiannopoulos says he was "messing around." But it has hurt our case, and wasted our time. He has proposed today one possible solution - allowing an inspection of the devices. Let's start with the vault.

 Judge Failla: It may just be that he was playing you. But it does not mean that he has responsive materials. What evidence of it do you have, that the representations he is making to me today are false?

Answer: The specificity of his descriptions of what he had

Movants' lawyer: We are asking your Honor to test the accuracy of what Mr. Yiannolpoulos is saying. Appoint a master to look through the materials. He's offered his cell phone and his email addresses. Let's search them. 

More here.

The case is Sines, et al. v. Yiannopoulos, 20-mc-241 (Failla).

***

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