Roger Stone Slaps Back at Lawsuit Alleging DNC Hack Conspiracy
The political firebrand and informal Trump adviser filed a motion to dismiss the lawsuit under the District of Columbia's Anti-SLAPP law.
September 07, 2017 at 02:08 PM
4 minute read
Roger Stone, the conservative political consultant known for his combative rhetoric, held nothing back in his latest missive in a legal battle over last year's hack of Democratic National Committee emails.
In July, a high-profile legal team filed a lawsuit against Stone and President Donald Trump's presidential campaign in the U.S. District Court for the District of Columbia. The complaint claimed Stone and the campaign conspired with Russia and Wikileaks to release stolen DNC emails. In a response this week, Stone's lawyers, Grant Smith and Robert Buschel of Fort Lauderdale, Florida, and Andrew Farkas of Washington, D.C., filed a motion to dismiss the case under the district's anti-SLAPP statute, a law designed to protect against frivolous lawsuits.
“What the Plaintiffs have pled is exactly what the anti-SLAPP statutes are designed to protect against—a created narrative out of thin air and seek, by nothing more than unsubstantiated regurgitation of speculative news reports, to manufacture a conspiracy where there is none,” the lawyers wrote in the motion.
Trump's campaign also filed an anti-SLAPP motion. The campaign is represented by two Jones Day lawyers, partner Michael Carvin and associate Jeffrey Baltruzak.
The plaintiffs are DNC donors Roy Cockrum and Eric Schoenberg, and former DNC staffer Scott Comer. They claim the release of their private emails via the DNC hack caused emotional stress and harm. The lawsuit was organized by the nonprofit United to Protect Democracy, formed earlier this year by a group of lawyers with experience in the Obama administration.
In the filing, Stone's lawyers accused the plaintiffs of playing politics via the judicial system.
“This case is nothing more than a group of admittedly liberal attorneys formed after the 2016 election still smarting that their preferred candidate for president lost the election,” the motion said. “They went in search of plaintiffs in order [to] use the judicial system as a means to launch their own private investigation. The group purporting to represent these hand-picked plaintiffs is a group with a political agenda.”
In an email, a spokeswoman for United to Protect Democracy said the group is “reviewing the motions” and will respond “in due course.”
“But we are confident in our claims,” the statement said. “We stand by the strength of the suit and by the courage of the plaintiffs to stand up for their legal rights.”
SLAPP is the acronym for “strategic lawsuits against public participation,” and several states have enacted anti-SLAPP laws to protect against the chilling effect the threat of litigation can have on free speech. To succeed on an anti-SLAPP motion, defendants must show the lawsuit is based on their speech about public issues. The burden then shifts to plaintiffs to show they have a viable case.
The lawsuit against Stone notes that he said in an interview last year he had “back channel” communications with WikiLeaks founder Julian Assange. Stone also said he engaged in conversations on Twitter with a hacker known as Guccifer 2.0, who claimed credit for the DNC hack. Stone later released screenshots of the messages.
In the motion, Stone claims the plaintiffs are using his protected, public speech to bring frivolous litigation.
“Plaintiffs have been affected by a storyline perpetuated by a constant barrage of media and politicians that do not want the truth to be known, they want their narrative to be true,” the motion said. “This is a conclusion searching for evidence, not evidence leading to a conclusion.”
Still, it's unlikely an anti-SLAPP motion can succeed, because the U.S. Court of Appeals for the D.C. Circuit held in 2015 that the anti-SLAPP statute cannot be used in federal court. Stone's lawyers argued it can because it's pleading requirements are consistent with the Federal Rules of Civil Procedure. There's a circuit split on the issue, as both the Ninth and First Circuits have allowed such motions to proceed in federal settings.
The case is before U.S. District Judge Ellen Huvelle. Under the current briefing schedule, the plaintiffs' response is due in late October.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllRead the Document: DOJ Releases Ex-Special Counsel's Report Explaining Trump Prosecutions
3 minute read3rd Circuit Nominee Mangi Sees 'No Pathway to Confirmation,' Derides 'Organized Smear Campaign'
4 minute readJudge Grants Special Counsel's Motion, Dismisses Criminal Case Against Trump Without Prejudice
Ex-Deputy AG Trusts U.S. Legal System To Pull Country Through Times of Duress
7 minute readTrending Stories
- 1SurePoint Acquires Legal Practice Management Company ZenCase
- 2Day Pitney Announces Partner Elevations
- 3The New Rules of AI: Part 2—Designing and Implementing Governance Programs
- 4Plaintiffs Attorneys Awarded $113K on $1 Judgment in Noise Ordinance Dispute
- 5As Litigation Finance Industry Matures, Links With Insurance Tighten
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250