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Assange Visitors Sued Pompeo Now DOJ Moving to Dismiss Citing National Security

By Matthew Russell Lee, Patreon Maxwell Book

SDNY COURTHOUSE, Jan 13 – When jury selection was completed for the retrial of accused CIA Vault 7 leaker Joshua Schulte, U.S. District Court for the Southern District of New York Judge Jesse M. Furman told the jurors, Do not read or say anything about the case. Inner City Press was there, and live tweeted here.

[July 20 denial of access here; Brutal Kangaroo]

On August 15, 2022 after conviction Schulte, a group of lawyers and journalist who visited Julian Assange in the Ecuador Embassy in London sued Mike Pompeo for surveillance in violation of the US Fourth Amendment. They held a press conference, and Inner City Press asked if they will seek emergency relief. Not for now (video here; Complaint here).

On October 12, plaintiffs' counsel asked to adjourn and postpone the October 17 conference in the case: "Plaintiffs had difficulty locating the accurate addresses for the two Spanish defendants, David Morales (“Morales”), a Spanish citizen, and Undercover Global S.L. (“UC Global”), a Spanish corporation."

On January 13, 2023, the US Attorney's Office wrote to Judge Koetlt requesting a pre-motion hearing for them to dismiss the complaint against Pompeo and the CIA. Photo here. DOJ argues that there is no "Bivens" remedy available, and states that "matters intimately related to foreign policy and national security are rarely proper subjects for judicial intervention." Oh. Inner City Press disagreed, and will stay on this.

Back on October 13, Judge Koeltl pushed the initial pre-trial conference back to February 21, 2023: "ORDER granting [13] Letter Motion to Adjourn Conference. Adjourned to Tuesday, February 21, 2023, at 2:30 PM. SO ORDERED." 

On November 29 Morales' and UC Global's lawyer filed a denial full of misspellings, such as pointing to Wikipedia to state that "purpouse [sp] far from acting as journalistic information whose sole purpose is dissent and media manipulation in order to influence public opinion with the clear intention of destabilizing the interests of Western countries," etc.

On December 8, Judge Koeltl ruled starting "  ORDER: The plaintiffs in this action have served all four of the defendants. See ECF Nos. 15-19. For two of those defendants, the Central Intelligence Agency ("CIA") and Michael R. Pompeo, the deadlines to answer were November 9, 2022, and November 18, 2022, respectively. To date, neither of those defendants has answered or otherwise responded to the complaint. The time for these two defendants to answer is extended-" full Order on Patreon here.

And this: "NOTICE OF APPEARANCE by Jean-David Barnea on behalf of Central Intelligence Agency, Michael R. Pompeo..(Barnea, Jean-David)." He's a former prosecutor.

 Inner City Press will continue to cover the case.

Back in August, Inner City Press immediately asked the United Nations, from which it remains banned, "What are the comments and actions if any of SG Antonio Guterres on lawsuit filed Aug 15, 2022 in SDNY alleging that lawyers and journalists visting Assange in the Ecuadorian Embassy in London were spied on?" No answer. 

On August 16, the case was assigned to SDNY District Judge John G. Koeltl, of whom Inner City Press has so far reported on 223 cases. It will report on this one. There was an earlier notice: "info for these parties has been modified: Margaret Ratner Kunstler, Deborah Hrbek, John Goetz, Charles Glass, CIA, Michael R. Pompeo, David Morales Guillen, Undercover Global S.L.," tweeted here.

It is Kunstler, et al. v. Central Intelligence Agency, et al., 22-cv-6913 (Koeltl)


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