Last Monday, on behalf of my friend and client Chief Justice Roy Moore of Alabama, I appeared in front of the former chief judge of the U.S. District Court for the District of Columbia who is now on senior status, the Honorable Thomas J. Hogan (courtroom illustration above). The reason? I had filed a complaint against the low-class comedian Sasha Baron Cohen, Showtime and its parent company, CBS, over their having maliciously defamed Judge Moore by falsely portraying him as a pedophile.
On the show “Who is America?” Cohen, appearing in disguise as a former Mossad agent, Erran Morad, waived a wand over Judge Moore, explaining that the Israeli Defense Forces had developed a device that can detect pedophiles if it beeped. Predictably, Cohen set the device off, thus branding Judge Moore as a pedophile on national and international television. Needless to say, Judge Moore is not a pedophile, and ongoing litigation in Montgomery, Alabama is also proving that the women who falsely accused him of sexual harassment during his 2016 Senate campaign are certified liars, most likely paid off by hostile forces of both establishment political parties. This, of course, cost Judge Moore the election.
But how did it come to pass that the judge was lured into this trap by this degenerate clown of a comic? The answer? Cohen, through a fraudulently created Israeli broadcasting company, Yerushlayim TV, at the phony “invitation” of the state of Israel, offered Judge Moore an award for his steadfast support of the Jewish nation, the home of Moses, King David and of course Jesus.
Fraudulently induced to travel to the District of Columbia with his fine equally Christian wife, Kayla, to accept his award on the 70th anniversary of the founding of Israel, Judge Moore was to appear on Yerushlayim TV with Erran Morad. Before doing so, as is customary in the entertainment industry, Judge Moore was presented with a “Standard Consent Agreement” to sign, waiving any legal rights over the broadcast. The judge signed it, but not before he crossed out any reference to any possible references to sexual content, which the undisclosed real perpetrators of the show, Showtime and CBS, sought to have him agree to, thus deceitfully attempting to have him release them from any legal liability from what was about to happen.
Shortly after this sordid episode and after the defamatory episode aired, I brought suit on behalf of Judge Moore and his wife against Cohen, Showtime and CBS in federal court in the District of Columbia, because that is where the fraudulent interview, if one can call this outrage that, occurred. The defendants then filed a motion to have the case transferred to the federal court in New York City. In their motion, the defendants relied on what lawyers call a forum selection clause, which had been inserted into the Standard Consent Agreement Judge Moore had signed. Cohen, Showtime and CBS wanted to move the case to New York City, the bastion of leftist immorality that even surpasses the D.C. swamp! There they hoped to find a left-leaning judge who later would be asked to dismiss Judge Moore’s and Kayla’s complaint.
I opposed the requested transfer, not only because Washington, D.C., was the proper venue, as the defamatory acts occurred there, but also because our complaint had been randomly assigned to a judge appointed many years ago by President Ronald Reagan, Judge Hogan. In my many years of legal practice in D.C., I did not recall ever having appeared in front of him, but I believed that he certainly would be a more neutral arbiter of justice, more so than a likely leftist jurist in New York City. And, on paper he appeared to have had a “distinguished career” at his present age of 81.
The ground for my opposing the transfer, logically and legally, was that Judge Moore and by extension Kayla had been fraudulently induced to travel to D.C., sign the Standard Consent Agreement and then appear on Cohen’s “Who is America?” It is a bedrock legal principle that when a contract, which in this case was induced by fraud, is entered into, it can be voided by the victimized party – thus nullifying the forum selection clause that mandated trying any legal claims in the Big Apple.
So when last Monday I entered the courtroom of Judge Hogan with Judge Moore and Mrs. Moore and we took our seat at counsel’s table, I was very confident of our chances of success in keeping the case in D.C., later to be tried before a jury of our peers.
But when I got up to speak at the beginning of the hearing, and introduced my client as Chief Justice Roy Moore, Judge Hogan abruptly shot back, mocking him. “But he is no longer chief justice, is he?”
At that point, even the leftist journalists who were present in the court gallery took a step back. Judge Hogan was showing disrespect to a judge who actually throughout his long career had stood for something, whether it was honoring the Ten Commandments, ruling in a case I had before him years ago that Obama and other presidential candidates should have to present a bona fide birth certificate to be eligible to run for office, and last but not least taking a stand against gay marriage on the valid basis that there is no basis to take this issue away from the states under the Tenth Amendment to the Constitution, to name just a few of his many other principled stands that are not “politically correct” but are legally sound.
To make the long story short, given space limitations in this column, and I will be writing more about this suit, which in the end I remain confident we will win no matter which court it is ultimately tried in. Judge Hogan, who is a legal midget compared to my friend and client Judge Moore, granted the defendants’ transfer motion, ignoring that the forum selection clause had been induced by their fraud.
In retrospect, it became clear to me and all who were there in the courtroom that Judge Hogan had been influenced not just by the leftist media hit jobs against my brave client with regard to the women who had falsely accused him, but also perhaps his establishment mindset. Indeed, he had made his decision before either side presented any argument.
In my opinion, an establishment judge like Hogan cannot relate to a jurist like Judge Moore who puts principle over taking the easy way out!
And that is why I admire and respect my friend and client, a man of faith who, having taken on the compromised and corrupt establishments of both parties, was politically and wrongfully removed from his post as the chief justice of Alabama by judges like Hogan because he actually stood for something.
Yes, Monday was a renewed lessen not only about what is generally wrong about our so-called system of justice, but also how not all judges are equal. Judge Moore towers above his counterpart Hogan, and this was a real-time demonstration why!