Judicial Watch - A Watch Dog That Bites the Hands that Feed It
What is a whistleblower to do when he discovers that the "non-profit" law firm that represents him "in the public interest" shows an even greater disregard and contempt for the law, and ethics, than the corrupt politicians it pretends to hold accountable? When the motto "because no one is above the law" seemingly applies to everyone but the "public interest" group itself?
This 501(c)3 tax exempt educational foundation, I contend, pillages the principles it espouses in its self-description in IRS non-profit filings, that it "serves as a legal and ethical ‘watchdog’ over our government, legal, and judicial systems. Through its programs, [it] seeks to ensure governmental and judicial officials are acting ethically and not abusing powers entrusted to them by the American public."
Judicial Watch, founded in 1994, commanded by its ethically challenged President and legal staff, represented me in all aspects of my public corruption whistle blowing from March, 2001 through March 2005.
My Judicial Watch saga began in early February, 2001, immediately after my first review of Hillary Clinton's final Senate Campaign Finance Report, filed on January 30, 2001. I discovered in my online search of the FEC web site that Hillary understated the cost of her largest fundraising event, the Hollywood Gala Farewell Salute to President Clinton that I produced for her, by more than $1 million, and failed to report my contributions to two other fundraisers I hosted and underwrote for her in June, 2000. She hid the true identity of the contributor (me) that paid that costs of these events for her, and falsely attributed a $400,000 in-kind contribution that she alleged paid for one event to my public company, Stan Lee Media. However she and her campaign had been advised by me and company executives that I was personally paying all the expenses, and therefore making all the contributions.
I realized that by not challenging Hillary's two false reports to the FEC (filed in October, 2000 and January, 2001) in February, 2001, as I failed to do when she misrepresented my contributions to her to the Washington Post in August, 2000, I could be deemed an accomplice in her filing false statements to a government agency (a violation of Title 18 Sec 1001 that was used to indict her finance director, and is now part of Lewis Libby's indictment) . If I did not make every effort to notify authorities of the true information that was misreported and omitted, I could be accused of participating in the Clinton orchestrated frauds on the Federal Election Commission.
It was at that moment I decided I had to become a whistle blower, I had to alert federal authorities of the role of President Clinton and newly elected Senator Clinton in a massive campaign finance fraud induced and aided by
then Chairman of the Democratic National Committee, Ed Rendell (now Governor of Pennsylvania, the Honorable Ed Rendell). That decision has forever altered many lives. It led me into an outrageously exploitive relationship by Judicial Watch, based on undue influence, fraud in the inducement, misfeasance and malpractice by legal advisors and counsel Judicial Watch provided to me.
I flew to Miami from my home in Sao Paulo, Brazil in early March, 2001, to meet with Larry Klayman and the President of Judicial Watch, Tom Fitton, to explore their possible "global" representation of my imminent whistle blowing activities. I had settled on Judicial Watch based on my internet search for legal groups that had gone up against the Clintons. I was convinced that any major Washington firm would be compromised by conflicting agendas and pressures that would sabotage my representation. A small firm would be no match against the seasoned Clinton legal team that had years of experience in manipulating the legal system and the media to protect the Clintons. Judicial Watch had seemingly demonstrated it was relentless in pursuing the Clintons and appeared to have the dedication to follow through on my claims.
When Fitton et al vetted my reams of hard evidence of Clinton and DNC misconduct in funding and reporting on Hillary's Senate campaign as well as Al Gore's campaign, their reaction was, like the Yukon gold miners of old, they had finally hit the Clinton mother lode of damning evidence that at last linked both Clintons personally to criminal and ethical misconduct in getting Hillary elected to the Senate.
It was particularly ironic that my first meeting with the Judicial Watch team led by Tom Fitton, was in their "virtual office" in the Bank of America Tower that was my legacy to my home town, Miami. The 65 story lighted sculpture that became a landmark of the Miami nighttime skyline, designed by the world famous architect I.M.Pei under my employ, and at my direction in 1978. It was intended to be the Miami World Trade Center. I had obtained the air rights from the Mayor of Miami to build the tower over the city's conference center. I obtained the WTC franchise for Miami from New York World Trade Center and World Trade Centers Association founder and President Guy Tozzoli (who became my mentor in the late 1970s, in marketing World Trade Centers throughout South America).
Before deciding to risk the safety and security of my family, as well as myself, by relying on the resources, skills and good faith of a small non profit legal foundation, I wanted to be assured and reassured that when the going got tough, which was as predictable as the Clintons lying about what I did for Hillary's campaign, I would have my own constituency to stand behind me and support my family if I was incapacitated in the whistle blowing process.
No matter what slings and arrows would be directed at me by the Clintons and others, I sought assurance that I would have my own army of supporters that would give me a fighting chance to prevail over the legions of
Clintonistas that would be arrayed against me.
Seeking to assure me and close the deal with me, I was assured and reassured of the personal support of my case and my family by key religious leaders and their constituencies. Prior to finally signing Judicial Watch's representation agreement, which legally enabled Judicial Watch to control all legal and media issues relating to my cases, I was categorically assured that Dr. James Dobson and Rev. Jerry Falwell personally promised him they would enlist their constituencies and good offices to back me up and protect my family.
I was promised that if I decided to proceed down the path discussed with Judicial Watch, of complete exposure of the misconduct of the Clintons and leadership of the Democratic Party, we would absolutely and unequivocally have our own legion of supporters, led by the most respected religious leaders in the Nation. I finally acquiesced, against my better judgment, and signed away my fate and that of my family, to what I would painfully learn was a band of Philistines more insidious than any described in the Bible.
The various assurances made to me turned out to be as deceptive as the statements made in Judicial Watch's fundraising solicitations to 500,000 potential donors - that Judicial Watch had associated the House Impeachment Manager Dave Schippers to help lead my defense team. In a letter I just obtained directly from Dr. James Dobson, dated September 23, 2005, Dr. Dobson stated that the inducements and assurances to me regarding the support of Focus on the family, and him personally, were in fact false. Dr Dobson and Rev Falwell had been copied on various letters Judicial Watch sent to Atty Gen Ashcroft and other attorneys in Main Justice on my behalf, in order to convince me and the officials at the Justice Department of the non existent support of these religious leaders and their constituencies.
Dobson described his involvement in supporting my whistleblowing as follows, " It is true that [Judicial Watch] spoke with me concerning your lawsuit, and that, as a favor to [them], I passed along a letter [they] wrote on your behalf to Attorney General Ashcroft. However, I did not, at any time, give assurances to [Judicial Watch] that Focus on the Family would involve itself in the lawsuit in any way. I merely expressed a personal interest in following the progress of the case." This was Dr. Dobson's explanation of why Judicial Watch compromised my lawyer-client privilege in confidential communications with the Justice Department by copying Dr. Dobson, who is not an attorney.
Commencing on March 20, 2001, Judicial Watch attorneys represented me in negotiations and proffers with Attorney General Ashcroft, Assistant Attorney General Chertoff and his staff, Noel Hillman, Chief of the Office of Public Integrity, William Johnson, Investigator with the Office of the Inspector General, and in defending criminal charges filed against me in the Eastern District of New York three months after I began officially presenting allegations against the Clintons.
Judiical Watch's legal advice that I await, in Brazil, written assurances from Assistant Attorney General Michael Chertoff's office, that Chertoff would supervise what Judicial Watch described as a political prosecution of me by "a political hack" US Attorney in New York, resulted in my delaying my voluntary return to the US and my subsequent arrest in Brazil for extradition on the very day that the awaited letter was delivered by Chertoff to Klayman in Washington.
Judicial Watch's inability to reasonably negotiate my voluntary return from Brazil, and their contentiousness with the Justice Department authorities I was cooperating with, ensured that I remained in Brazil unnecessarily for two years while being subjected to the vindictive use of the Brazilian extradition process by the Justice Department authorities antagonized in various ways by Judicial Watch.
In the middle of delicate negotiations with the Justice Department to allow me to return voluntarily to New York after I was detained for extradition in Brazil, I had to personally restrain the Judicial Watch's lawyer from physically attacking the Assistant US Attorney who flew to Brazil to interview me. During the second day of my interview by the three representatives sent by Assistant Attorney General Chertoff to meet with me in my Brazilian jail cell, my counsel yelled he would "Eat [the Asst US Attorney's] balls for lunch" as he lunged over the interview table to grab the Assistant US Attorney from New York by his throat. I learned three years later from a lawyer based in Washington, that this incident was still being discussed at cocktail parties by Washington legal insiders.
In September, 2003, around the time I was finally returned to New York from Brazil by U.S. federal agents, Judicial Watch forced its Chairman, Founder and Chief Counsel out of the organization. The promises he made regarding how my representation would be provided in my defense of my criminal charges, upon which I relied to associate Judicial Watch in the first place, were promptly ignored and forgotten along with his former involvement with the organization he created.
In October, 2003 Judicial Watch pawned off on me a California tax lawyer, Robert Sticht, with no criminal defense trial experience in New York Federal Courts, to lead my defense team and supervise the securities fraud case in
the Eastern District of New York. Sticht broke the promise he himself made to convince me that he should direct the global representation being provided me by Judicial Watch under written agreement from April, 2001. He promised that in exchange for me agreeing to his masterminding my cases he would associate and supervise experienced New York federal criminal defense trial counsel for court all appearances. When the original local counsel that he did initially retain left private practice to join the SEC, without any notice to me whatsoever, Sticht refused to replace him. He decided on his own that he would personally argue my case in all hearings in the New York courtroom, and he would hear no discussion on the matter. The wishes of his client were subservient to the agendas of Judicial Watch seemingly to keep me in custody as long as possible to ensure total control over me and the fundraising being done about me.
Sticht quickly reveled in aggravating the presiding Federal Judge, until he was almost held in contempt by the Judge, on more than one occasion. Sticht explained to me that his strategy of exasperating the Judge would enrage the Judge to act prejudicially to me and would thereby ensure our victory "on appeal". It was irrelevant to him or Judicial Watch, that his strategy ensured that the judge would deny every request for bail that I made, keeping me in custody indefinitely as the trial kept being postponed.
His exasperating court room behavior caused the Judge to finally take the extraordinary step of appointing a private
lawyer to advise me that Sticht's handling of my defense, at Judicial Watch's behest and direction, represented a conflict of interest so prejudicial to my defense that it warranted replacing Sticht as my counsel. In other words, the Judge advised me that my counsel was working against my best interests!
Finally, after an extraordinary 43 months of pre trial detention on one count of violating SEC Regulation 10(b)5, with no bail and no speedy trial allowed by the court, I finally obtained a $1.2 million secured bail from custody by new lawyers I personally retained, separate from Mr Sticht, with no help from Judicial Watch, and over their objection. I accepted the message that the judge had given me and retained a former assistant US Attorney who had just retired from the Eastern District of New York.
When I was finally free on bail to witness/supervise Judicial Watch's actions in my representation and fund raising, Judicial Watch demanded I renegotiate their April, 2001, representation contract with me. Judicial Watch unethically demanded I sign a general release for anything and everything they might have done that constituted malpractice, misfeasance and malfeasance during the four years they represented me. While I was under this duress resulting from their intentional and negligent legal misrepresentation, they audaciously conditioned their continuing representation in Paul v. Clinton et al, and final payment of my criminal attorneys who had liberated me from custody, on my signing a release for the actions of the various lawyers they hired to represent me.
Judicial Watch breached their representation agreement with me with impunity because they believe that Judicial Watch is Above the Law! Their publicly financed litigation mill does in fact intimidate almost every lawyer who thinks about challenging them, confirming that they abuse the legal system as much or more egregiously than the Clintons whom they have been chasing unsuccessfully for over a decade! My difficulties in finding counsel to challenge their clear violations of their contract and their ethical duties to their client attests to this fact.
Judicial Watch then held hostage the millions of dollars they raised from hundreds of thousands of donors anxious to support my efforts to hold the Clintons accountable. When I refused to do what I was not legally bound to do- forego any and every legal right and remedy I had - they withdrew from my civil cases and converted to their own benefit the multi million dollar defense fund they had collected through FIVE MILLION direct mail solicitations over four years. They violated not only the legal canons of ethics dealing with representation of clients, but also their fiduciary duties to the unwitting thousands of donors who contributed in good faith to support my historic suit against the Clintons.
Judicial Watch effectively took the money entrusted to them to hold the Clintons accountable through my civil suit, and they diverted it to their other activities and to pay their quarter million dollar salaries. They left me high and dry in the middle of the multi million dollar litigation they contractually promised me they would pay for. They left me with the
task of proceeding alone against the Clinton defense team, with no significant resources to fund the multi million dollar expenses and fees necessary to conduct discovery and proceed to trial as the California Supreme Court
ordered I could.
Judicial Watch self servingly placed into jeopardy the years of suffering my family and I endured while overcoming the numerous Clinton appeals to throw my case out. They left me with no resources, no representation,
jeopardizing my ability to prosecute the first ever suit against a President and a Senator for business fraud and coercion. Their espoused principles, their fiduciary duties, their legal responsibility to their client all went out the window when they were faced with possible accountability for the questionable actions that prejudiced their own client.
What were they so afraid of? If they had done no wrong, committed no injury, then why issue an ultimatum that their star client sign a release of their non-existant liability? Why jeopardize the common goal that they had worked on since their representation began in April, 2001?
This week, to add insult to injury, after abandoning my litigation in the middle and keeping the millions they collected to fund that litigation to conclusion, they have decided to continue a course of conduct in deceptive fundraising that I have protested to various state's attorney generals. They have ignored my specific demand that they cease and desist from using my name in any further fundraising materials. Judicial Watch has just mailed hundreds of thousands of solicitations referring to me by name as their ‘former client’ —without explaining why I am their "former" client and what they have done with the money entrusted to them for my litigation.
This isn't their first unauthorized use of names in fundraising letter. Another, more egregious example is when in
October - November, 2001, Judicial Watch sent more than 400,000 letters out to donors stating that they had associated the famous Chicago prosecutor Dave Schippers, who led the House Impeachment Team against President Clinton to lead my defense team in representing me with the Justice Department. Mr Schippers recently confirmed to me in the summer of 2005, in various phone conversations and on video tape, that not only had his name been used by Judicial Watch in its fund raising letters without his knowledge and consent, but after he specifically advised Klayman that his name could not be used publicly in association with my case, even though he personally supported my efforts.
If any other 501 (c) 3 tax exempt foundation had misrepresented a relationship with one of the most respected lawyers in the nation, for the purpose of inducing donors to make contributions urgently required to subsidize that relationship, and had used the name of that noted lawyer without his knowledge, consent and against his specific instructions, for that purpose, they would probably lose their 501 (c) 3 status and face criminal prosecution for mail fraud. However Judicial Watch, like the politicians it unsuccessfully prosecutes, seems to be above the law that
applies to the rest of us.
These modern day Philistines relied on religion, political and moral conviction, tax free status and a litigation factory they controlled to deceive those whom they could exploit for their personal aggrandizement and material benefit. What Judicial Watch did to me and my family, as trusted counsel and fiduciaries, betrayed a special trust that resulted in injuries to my family that can never be repaired. they intentionally violated a trust and inflicted hardships and distress on women and children that even the Clintons had not done.
The history of how Judicial Watch has abused their tax exempt status and the use of fund raising technologies to generate multi millions of dollars a year for their coffers, is a subject I will address in upcoming lawsuits and complaints to regulatory agencies and the Bars of several states. Until then, Judicial Watch will continue to operate "far above the law".
I am hopeful that they will not be able to continue to use my whistle blowing, and my name, to hoodwink past and new donors that truly care about the success of my efforts to hold Hillary Clintonaccountable for the frauds that ensured her election to the US Senate.