This is a defamation case brought by three international businessmen who were defamed in widely disseminated political opposition research reports commissioned by political opponents of candidate Donald Trump. The reports (which came to be known as the “Trump Dossier” and the “Dossier”) were published in advance of the 2016 presidential election by the Defendants: the Washington, D.C. based firm Fusion GPS (“Fusion”) and its principal Glenn Simpson, a former journalist specializing in political opposition research. In that role, the Defendants traffic in procuring damaging Case 1:17-cv-02041-RJL Document 1 Filed 10/03/17 Page 1 of 14 -2- 8101527.2 8109453.2 information about political candidates. The reports are gravely damaging in that they falsely accuse the Plaintiffs—and Alfa (“Alfa”), a consortium in which the Plaintiffs are investors—of criminal conduct and alleged cooperation with the “Kremlin” to influence the 2016 presidential election. But neither the Plaintiffs nor Alfa committed any of the acts irresponsibly attributed to them by the Defendants. To the contrary, the Plaintiffs and Alfa are collateral damage in a U.S. political operation—conducted by the Defendants—that has nothing to do with the Plaintiffs. 2. The specific “report” that includes defamatory statements about the Plaintiffs is one of seventeen written Company Intelligence Reports 2016 (“CIRs”) that comprise the Trump Dossier. The Defendants included Company Intelligence Report 112 (the “Report” or “CIR 112”) in the Trump Dossier, even though the Trump Dossier’s themes have nothing to do with the Plaintiffs. Broadly, those reports purport to describe details of an alleged scheme between the Russian government and the Trump presidential campaign to unlawfully manipulate the result of the presidential election in favor of candidate Trump. The Defendants gathered these reports in the process of conducting “opposition research” (known as “oppo research” by its practitioners and the media) against Trump. Opposition research, in essence, is the gathering of information for the purpose of eventually discrediting or otherwise harming a candidate for a public office. Opposition research is neither objective nor neutral. Instead, it is skewed from the outset in favor of appearing to find negative information about individuals—the essence of the product that political opposition research practitioners are hired to produce.
The dirty tricks private spy companies derived from CIA/MI6/Mossad used real names of real businessmen in their spun fiction Steele Dossier as 'sources'. Unfortunately for them, the businessmen are wealthy enough to sue for being used as patsys. The private spies knew that if they used fake entities, it would have been exposed right away, so they press ganged real names and entities into patsy service.
It's kinna like those Arabs who woke up in Saudi Arabia to see their pictures in the paper saying they were 9/11 guys with boxcutters on the planes.
"Elements To prove prima facie defamation, a plaintiff must show four things: 1) a false statement purporting to be fact; 2) publication or communication of that statement to a third person; 3) fault amounting to at least negligence; and 4) damages, or some harm caused to the person or entity who is the subject of the statement."
I think the malice standard is only towards news outlets. With non-news sources, the standard is known false statement and harm. Of course, this is international stuff, so whatever that means to the process is unknown.
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