from the CAN-I-HAVE-SOME-MONEY-NOW dept
Judge Roy Moore -- perhaps most famous for his (alleged) predilection for jailbait -- is suing entertainer Sacha Baron Cohen for somehow ruining his spotless reputation with the ol' libelslander. Moore is represented by stunt lawyer Larry Klayman, which assures this complaint will be greeted with a heavy sigh by the presiding judge, and that a not-insignificant amount of the billable hours will be eaten up by Klayman getting admonished by the court.
As can probably be inferred without even reading the complaint [PDF], Moore got duped by Cohen to appear on his show, regrets being duped, and thinks Cohen (and Showtime/CBS) should pay him real money for tarnishing his otherwise squeaky-clean reputation. Let's just see what he's asking for…
[...] actual, compensatory, and punitive damages in excess of $95,000,000 USD, as well as attorneys’ fees and costs, and any other relief that this Court may deem just and proper.
Moore, with the assistance of Klayman, figures his appearance on Cohen's new show did nearly $100 million in damage to Moore's reputation -- one pre-sullied by sexual misconduct targeting teenaged girls allegations. Moore estimates his reputation is $95 million worse off, thanks to his inability to vet requests for public appearances.
Here's how all the "defamation" went down, according to the complaint.
In order to fraudulently induce Judge Moore and Mrs. Moore to travel to Washington, D.C., where filming was to and did take place, and where the majority of acts pled herein occurred, on or about February 14, 2018, Defendant Cohen and his agents falsely and fraudulently represented to Plaintiff that Yerushalayim TV – which does not actually exist - was the producer and broadcaster of the show that Judge Moore would appear on, instead of the actual network that the show that later appeared on Showtime. In addition, Defendant Cohen and his agents falsely and fraudulently represented that Judge Moore and Mrs. Moore were both being invited to Washington, D.C., for Judge Moore to receive an award for his strong support of Israel in commemoration of its 70th anniversary as a nation state. This ceremony, and presentation of this award, Defendant Cohen falsely and fraudulently represented was to occur during the interview.
Somehow this is Cohen's fault (and by extension, his co-defendants' fault -- CBS and Showtime) even though Moore admits he did nothing to ensure he wasn't being led astray by a nonexistent television station.
Had Judge Moore and Mrs. Moore known that Defendant Cohen had fraudulently induced Judge Moore into this interview, which as a “set up” to harm and thus damage Plaintiffs and the rest of their entire family, Judge Moore would not have agreed to appear. Plaintiffs relied on and had reason to rely on Defendant Cohen’s and his agents’ representations including Defendants Showtime and CBS, which he was led to believe were truthful and he had no reason to doubt.
As Cohen has proven time and time again, nothing drops public officials' guard faster than appealing to their ego. Cohen fronted a nonexistent production company and offered Moore an award for his lifetime of service to Israel. Having been properly flattered, Moore never thought to question why he was being given an award for something he's not particularly known for. Nothing in his Wikipedia page or bio suggests he's ever had much interest in Israel, beyond the usual affinity sported by fundamentalists who refer to it as the "Holy Land" in passing.
This point is reiterated in numerous paragraphs, as if being too stupid to question bizarrely-tangential generosity out of nowhere was an actionable tort.
Then the complaint gets to the actual defamation allegations. And they're quite the read. A shot for every "false" or "fraud" in this lawsuit will see you hospitalized for alcohol poisoning by the 10th page.
Defendant Cohen’s character falsely and fraudulently introduced a false and fraudulent “device” supposedly invented by the Israeli Army to detect pedophiles. During the segment, Defendant Cohen’s “device” – as part of the false and fraudulent routine – purports to detect Judge Moore as a sex offender, thus defaming him.
Hahaha it's almost as if someone were making some crude commentary on the sexual misconduct allegations against Judge Moore. You know, the allegations about pedophilia and sex offending. It was in all the papers. This -- THIS! -- says Klayman, is defamation. And he says it as only Klayman can: by providing the defendants a defense.
This false and fraudulent portrayal and mocking of Judge Moore as a sex offender, on national and international television, which was widely broadcast in this district on national television and worldwide, has severely harmed Judge Moore’s reputation and caused him, Mrs. Moore, and his entire family severe emotional distress, as well as caused and will cause Plaintiffs financial damage.
Let's give Ken White/Popehat the floor for a moment:
By adding "mocked" to that sentence, Klayman is beclowning himself, which is quite a feat for someone who comes pre-beclowned.
He's basically saying "the utterly obvious and inevitable defense to this is correct, and here I am confirming it."
Only something that can reasonably be taken as a provable statement of fact can be defamatory. Mockery is by definition not defamatory -- like ridicule, insult, etc. When a public figure is at hand, it's also not, by definition, intentional infliction of emotional distress.
On and on the complaint goes about "reckless" and "malice" and "defamation per se" and all of it doesn't matter because the defense is right there in the accusations. This was commentary on Roy Moore's pre-existing reputation, which was already in the gutter thanks to numerous accusations directly on point with a fake Mossad tool's "sex offender" determination.
The downside of this case is that if it survives the first motion to dismiss, it's going to chew up some time and cash. It was filed in the DC federal court, which has already decided it doesn't need to apply Washington, DC's anti-SLAPP law at the federal level. This means the case might go on longer than it needs to, even though it's crystal clear Moore's just trying to exact litigious revenge for allowing himself to be suckered in by a little flattery.
Filed Under: anti-slapp, dc, defamation, larry klayman, roy moore, sacha baron cohen, slapp suits
Companies: cbs, showtime
