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Sep 27 • 6 tweets • 3 min read
1/#RuleOfLaw is blind & sometimes not outcome we prefer. #WestfallAct immunity is tricky & harsh when applied. Lawsuit ends before it really begins.

Alas, I've been there before. Defamation case I handled against late Rep. John Murtha (D-Pa) is cited in decision.
2/We sued Cong. Murtha for defamatory statements against Marines accused of war crimes in Haditha, Iraq. His statements were proven false but Obama Administration invoked Westfall Act to cover Murtha's press comments.

At first we were allowed a deposition
rollcall.com/2007/10/26/law…
3/But Govt successfully obtained an interlocutory appeal to DC Cir where it was not a welcome appearance

legaltimes.typepad.com/blt/2008/11/co…
4/DC Cir ruled in favor of Cong. Murtha. Basically said he operates as Congressman 24/7, no matter what he says or where he says it.

I still disagree w/that analysis, but c'est la vie.

Now that analysis haunts #JeanCarroll.

sfgate.com/nation/article…
5/While case remains alive pending certification to DC Court of Appeals, regrettably absent something truly unanticipated happening, likely end of road for Carroll's defamation case.

US President will receive Westfall Act certification & USG will step into shoes: Full immunity.
END/Potential good news is 2nd Cir's analysis that President is "employee" of United States could be used to argue 18 U.S.C. 1924 (Unauthorized Removal and Retention of Classified Documents or Material), which uses similar language, applies to Trump.

justsecurity.org/82619/expert-e…

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More from @MarkSZaidEsq

Mark S. Zaid Profile picture
Sep 26
1/Why is @DeptofDefense about to destroy much needed substantive #securityclearance reform?

In four days reform ordered 18 months ago by @EzraACohen as Acting DoD Undersecretary for Intelligence & Security (in furtherance of 2011 orders by SECDEF Gates) is to be implemented.
2/But apparently it won't be.

Instead, @DeptofDefense is poised to incorporate ordered changes into Trusted Workforce 2.0, which doesn't deal w/substantive due process & will effectively & intentionally kill the reform.

Why?

dcsa.mil/mc/pv/cv/
3/Cohen reform provides greater transparency to #securityclearance system & substantive due process, especially for civilian & military personnel. It compromises nothing but ensures everyone has equal footing within system.
Read 6 tweets
Mark S. Zaid Profile picture
Sep 25
1/US Govt acknowledging #UFOs exist & Earth needs to be defended or reflection of sense of humor?

National Intelligence Manager for Aviation, part of @ODNIgov, integrates intel to safeguard global air community.

Seal on website caught my attention.

airdomainintelligence.mil
2/ Notice the unknown flying craft in lower left corner. Hmmmm.
3/Now I'm all for NIM-A's mission & vision. Can't argue that it's relevant, necessary & important. Has been ever since aircraft were invented & certainly long range missiles.
Read 8 tweets
Mark S. Zaid Profile picture
Sep 6
1/THREAD - When #StarWars collectors go to the "Dark Side" & get sued

Few of us do not love Star Wars. I remember watching first movie in 1977. Many of us bought, played with & collected various toys. I still remember my X-wing model rocket that had only one successful mission!
2/In addition to regularly handling national security cases, I also rep auction houses, esp ones that focus on historic memorabilia, political americana, comic books & vintage toys. This includes @HakesAuctions & @RRAuction, among others.
3/I am often called upon to deal w/issues involving U.S. Government, such as quite intriguing interactions I had with @NASA this past June for @RRAuction about moon dust eating cockroaches!

Yes, you read that correctly! Moon dust eating cockroaches!

nytimes.com/2022/06/25/us/…
Read 17 tweets
Mark S. Zaid Profile picture
Sep 1
1/Statement from our client @YVindman.

@globalmjreform
2/Statement reads:

"Yesterday I retired from the United States Army. It has been the honor of a lifetime to serve our country in uniform. America accepted me as a refugee 43 years ago, meeting its promise to take in a poor, tired family yearning to breathe free. ...
3/...I felt an obligation to repay that generosity. My desire to serve has not been quenched, even after 25 years wearing the Army Uniform. As I begin this next chapter, I am committed to finding new ways to ...
Read 5 tweets
Mark S. Zaid Profile picture
Sep 1
1/Now this is interesting.

First, I regularly represent #whistleblowers regardless of political ideology, incl at @FBI. Not one #FBI #WBer has approached us or @wbaidlaw, a non-profit I co-founded to provide pro bono legal assistance. And that's fine, we don't own "market".
2/I've never heard of #KurtSiuzdak & that means nothing. He practices in CT. He may be best attny in CT in fact. His firm's practice areas are interestingly ... diverse.

* Family Matters & Divorce Law
* Cybersecurity and Data Privacy
* FBI Whistleblower litigation
3/What I don't understand & feel compelled to raise is this statement on his website:

"there only a few lawyers with experience in the Department of Justice's whisteblower court."

siuzdaklaw.org/about-us

What @TheJusticeDept "whistleblower court"?
Read 4 tweets
Mark S. Zaid Profile picture
Aug 30
1/Thread abt Grenell v. Troye defamation lawsuit:

We are publicly announcing that @MarkSZaidPC & #TomCraig (@TMCv63, @fhhfirm) are representing @OliviaTroye to defend against former Ambassador (& acting DNI for 3 months) #RichardGrenell’s defamation lawsuit.
2/We will not repeat lawsuit allegations, which arose from Twitter activity, but assuredly they are baseless.
3/His lawsuit was filed on August 8, 2022, in Circuit Court for City of Alexandria. Although filed almost one month ago, Troye has not been served to commence proceedings. For one thing, the address cited in lawsuit is incorrect.
Read 14 tweets

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