Thread by @innercitypress

OK - Milo Yiannopoulos is appearing by phone before @SDNYLIVE Judge Failla, says he'd like to see Richard Spencer in jail but doesn't like "the funders of this lawsuit, the ADL." Inner City Press will live tweet - thread

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.

Judge Failla: Mr Yannopoulos, did you say you have 20 to 30 audio files?
Milo Y: I had seen the list. I don't possess them. This source has withheld the material they want, and I want --
Judge Failla: I don't want you to editorialize. How many did you listen to?

Milo Y: I heard no more than five. They were of poor quality. They were Jason Kessler and Eli Klein and some of Spencer.
Judge Failla: You said you had a video of Spencer giving a Nazi salute. Do have it?
Milo Y: No. But five of such videos exist.

Milo Y: He was filmed giving what they call the Roman salute. I was show on other people's phones. There was United the Right I and II. I believe there are videos out there of Mr Spencer performing that gesture at those events.

Judge Failla: There is also Mr. Conte... Mr. Block says you represented to attorneys you had The Vault. Were you just "messing about"? Do you call it that?
Milo Y: You could call it a trove, that I reserve the right to release in my own time, for my own reasons

Milo Y: Yes, I brandished the hard drive. On camera. The Vault as I referred to it. But the term is an analogy.
Judge Failla: Does the Vault include video of the 2017 Unite the Right event?
Milo Y: Only the two videos that have been released on my YouTube channel

Milo Y: The Vault is material I want to store, for a rainy day if you were. So these two videos were only part of the Vault for 48 hours, then into the recycling bin. It remained in The Cloud. On YouTube you can download from your Studio.

Milo Y: I do sometimes dump all the detritus until a download file so I can find a screen shot in the future. But it's disorganized. In my work flow it may be saved somewhere.
Judge Failla: Mr. Block, tell me why I oughtn't believe him.

Block: Your Honor should ask Mr Yiannopoulos what he knows about the source, so we can proceed.
Milo Y: Do they have a covert recording of the meeting?
Judge Failla: They would have other issues.

Milo Y: It is laughable for them to say they just happened to come across the video on my YouTube channel. They and their funders have been paying sleaze opposition research operatives to follow me like a hawk.

Milo Y: I saw that sharp legal minds have found a technical violation in my response.
Judge Failla: If I ask you to disclose the source?
Milo Y: My career would be over if I disclosed the name. In this public environment.

Judge Failla: I don't know if this qualifies for the privilege. But now the parties have heard it.
Milo Y: I believe the protection is getting stronger over time.
Movants' counsel: On Feb 12 he said there were emails responsive to our subpoena he was not giving

Judge Failla: Did you say you also had emails?
Milo Y: I don't recall saying that. But in a Feb 12 e-mail I asserted privilege to them. I have emails that refer to Richard Spencer, in the course of looking into the alt-right, and the regular right.

Milo Y: When I was an editor at Breitbart News, we talked about how to draw a bright law between Mr Spencer and us, a dissident respectable right....
Judge Failla: Are these emails responsive?
Milo Y: Not responsive at all. And burdensome.

Judge Failla: If reviewing them is burdensome, how do you know they are not responsive?
Milo Y: I didn't dig into Unite the Right. Or, let me start that again. I'm able to search my email. There was nothing about the organizing of Unite the Right.

Judge Failla: You referred to emails concerning planning of, or violence at, Unite the Right. But the revised subpoena was not only about planning, it was also about attendees.
Milo Y: I see what you mean, I'm revisiting the letter. It only refers to audio & video

Milo Y: I'm not trying to play "silly baggers" (?) as we say in England. But they were asking only for audio & video, or communications with the defendants about Unite the Right. Other emails were not covered.
Judge Failla: So you were misspeaking, about planning

Judge Failla: Now be quiet until I finish the question [sounds like she's at least half joking] I am asking, Do you now possess or have you ever possessed communication with the defendant about Unite the Right.
Milo Y: I have been in touch with Jason Kessler

Milo Y: I was attempting to get out of Jason Kessler damaging information about Richard Spencer as part of my animosity with that personality. In the last month. I need the list of defendants.
Judge Failla: Mr White?
White: It's a long list - about 18.

Mr White (reading, not complete) Richard Spencer, Jason Kessler, Chris Cantwell, Fields Jr, Vanguard America, KKK, Evropa, National Socialist Movement, Eliot Klein a/k/a Eli Mosley, Traditionalist Workers' Party--
Milo Y: I blocked Cantwell. And Evropa is now AIM

Judge Failla: Have you had communications with the AIM person?
Milo Y: I can check in four minutes.
Movants' counsel: Can I have a minute?
Judge Failla: Not right now. Let me finish.

Mr White: It's amazing Mr. Yiannapoulos is engaging in this right now, in open court, for the first time. This lends credence to involving some outside party.
Milo Y: I did originally review this. I just wouldn't take a month off work. It's 1000s of messages.

Milo Y: I have nothing except with Jason Kessler - it's from June 13 [2020]
Judge Failla: We'll take that. What about Cantwell?
Milo Y: There's nothing.
Judge Failla: Let's continue this. To Mr. White's point. This could have been done earlier. Let me finish.

Judge Failla: Are you telling me under oath the Kessler messages are the only ones?
Milo Y: I also texted with Richard Spencer.
Judge Failla: I'm not used to a person doing the review on the fly during a motion to compel hearing. Is this your final answer?

Milo Y: The only thing that mentions Unite the Right or Charlottesville is the material with Kessler.
White: On July 14 Mr. Yiannapoulos told us he had nothing. Now he admits that's false.
Milo Y: When was that?
White: You posted it to your social media channel

Milo Y: He is technically correct.
Judge Failla: More than technically. Now what?
Milo Y: Can I show it under seal? To an officer of the court? It cannot appear publicly.

Judge Failla: Mr. White, do you trust me to conduct an in camera review? Are you OK with that?
White: There are other avenues, so your Honor is not spending her precious time. We could sign a protective order. And he is not entitled to the privilege.

Movants' counsel: We believe that Mr. Yiannopoulos may be his own source. We would appreciate the opportunity to further clarify the issue.
Milo Y: It wasn't just that one source, it's a clutch of sources. I don't see how I can be compelled to reveal that

Milo Y: I can contact the source and ask them if it would destroy their live to reveal them.
Judge Failla: All three?
Milo Y: I'm happy to do that.
Judge Failla: Are you going to change the playing field again? You are only protecting the name of the source?

Milo Y: The only thing I am reluctant to turn over is the identity of the person who gave me the video.
Judge Failla: I am going to need to hear from you.
Milo Y: I'm do my best as a private citizen. I'll mimic the format.

Judge Failla: I am ordering you to reach out to your source in this week. We are adjourned.
Story soon.

OK, 1/2 hour later, the stories: Milo Yiannopoulos Says FBI Called Him About Unite the Right, Is Ordered to Talk To & Perhaps Reveal Source Who Gave Him Spencer Video- Cites Journalist Privilege @SDNYLIVE innercitypress.com/sdny34faillami… Emails here patreon.com/posts/39851906