An attorney for former Overstock CEO Patrick Byrne was detained at the federal courthouse in Washington on Monday after defending her decision to disseminate internal documents from Dominion Voting Systems in an effort to revive long-debunked claims about the 2020 election.
Washington
Michigan lawyer who claimed election fraud arrested after Dominion hearing
The U.S. Marshals office in a statement confirmed Lambert was arrested on Monday afternoon.
In D.C. court Monday, Lambert admitted that she made public emails she obtained as Byrne’s lawyer and shared them with a southwestern Michigan sheriff who was also investigated as part of that alleged plot. Over 2,000 pages of the documents were put on the social media site X this month by an account using the sheriff’s name and photograph.
Dominion requested Lambert be removed from the case following the release of the documents.
“It has been nearly four years. When does it stop?” Dominion attorney Davida Brook asked in court. She said the company brought suits against Byrne and others “to stop the lies, to end the threats of violence.” Now, she said, Lambert was “using these very lawsuits … to spread yet more lies and do yet more harm.” Dominion employees have received a fresh round of violent threats as a result of the disclosures, Brook said.
Magistrate Judge Moxila A. Upadhyaya said she needed more time to decide whether Lambert should be removed from the case. But the judge said that in the meantime, both Lambert and Byrne could not access to discovery materials, and that Lambert must move to seal the Michigan court document containing Dominion’s records.
After the hearing ended, the other attorneys left while Lambert was asked by the judge to stay behind. Several U.S. Marshals then entered the courtroom and locked the door behind them. Lambert never left through the public courtroom entrance; there is another exit through which detained individuals are transported.
Lambert’s Michigan defense attorney, Daniel Hartman, declined to speak on her whereabouts Monday but said that her failure to appear in court in Michigan “was not willful.” Instead he said it was because of “mixed messages” about whether she had to get fingerprinted while challenging the court’s orders. Just before Lambert appeared in court in D.C., Hartman asked the Michigan judge to reconsider the warrant for her arrest. “To compound onto this entire tragedy, you have an arrest warrant that probably shouldn’t be issued,” he said.
Lambert only recently became Byrne’s lead attorney in Washington, but she said in court that she had been helping with the case since late last year and gained access to the documents sometime “after the holidays.” Given that she had them for weeks, if not months, Upadhyaya asked why Lambert did not file a motion to undo a protective order, which the lawyer signed, barring disclosure of those documents to anyone not involved in the case.
Lambert responded that she was under no obligation to adhere to the protective order because the emails contained “evidence of a crime,” suggesting the situation was analogous to being handed “a dead body” as part of the case discovery. Specifically, she alleged that they were proof that “Dominion conspired with foreign nationals in Serbia” to undermine the U.S. election system. Dominion’s attorneys responded that this was a “xenophobic conclusion” based only on the fact that the company has some overseas employees. A Dominion spokeswoman added in an email that “any allegation that Dominion employees anywhere tried to interfere with any election is flatly false.”
Lambert said in court that she gave only Barry County Sheriff Dar Leaf access to the Dominion case discovery storage, which Brook said totals over a million pages. But Lambert said Leaf shared the documents with other sheriffs and members of Congress. Leaf, who has not been charged in the Michigan case, did not immediately return a request for comment.
Lambert said Byrne shared the documents with “the U.S. Attorney’s Office.” She said she did not know which one; there are nearly 100 U.S. attorneys running federal prosecutors’ offices across the country. Lambert argued that Byrne is “a national intelligence asset” who was entitled to “national security information” with law enforcement. Byrne has claimed he was instructed by the FBI to pursue a romantic relationship with Maria Butina, a Russian national who was convicted of being an unregistered foreign agent in 2019. (Former FBI officials have called Byrne’s claims “ridiculous.”) He did not appear in court Monday; asked about the documents he said by text message, “I’m just a humble concerned citizen.” Upadhyaya said he must be in court for the next hearing on whether his lawyer should face penalties.
Right now, Upadhyaya said, her goal was “to prevent further bleeding” of protected information into the public sphere. “I will deal with the ‘why’ later,” she said. But, she told Lambert, “the analogy of the dead body rings hollow to me.”
Dominion was alerted to the leaks by Byrne’s previous attorney, Robert Driscoll, who told them that he had “asked Ms. Lambert to take immediate steps and reasonable efforts to prevent further disclosure of Confidential Discovery Material.” He added that he “had no advance knowledge” of the disclosure, only learning about it when the documents appeared on social media. One such post had already been viewed over 150,000 times by Monday afternoon, Brook said: “The cat is out of the bag.”
Lambert’s criminal trial is set to begin next month. A trial date has not been set in the Dominion case. The company last year settled a similar suit with Fox News for $787 million dollars, and is also suing former Trump attorneys Rudy Giuliani and Sidney Powell along with the right-wing television station OAN and the pillow businessman Mike Lindell.
Washington
Judge tosses Trump Media’s $3.8 billion defamation suit against The Washington Post | CNN Business
Another one of President Donald Trump’s lawsuits against a news organization has fizzled out.
This time, it is a defamation lawsuit that the Trump Media and Technology Group brought against The Washington Post in 2023 over a story titled “Trust linked to porn-friendly bank could gain a stake in Trump’s Truth Social.”
A federal judge in Florida has thrown out the suit, saying that Trump Media “failed to present evidence that would allow a jury to find by clear and convincing evidence” that The Post “published the allegedly defamatory statements with actual malice.”
US District Judge Thomas Barber’s conclusion came during the summary judgment phase of the case, when a judge can evaluate evidence and make a determination before proceeding to trial.
The Post’s lawyers argued that Trump Media could not prove “actual malice,” the high legal standard that public figures must meet to prevail in a defamation case. It means that the defendant either knew a claim was false or displayed “reckless disregard of whether it was false or not.”
The Post’s reporter who wrote the story in question, Drew Harwell, “thoroughly investigated” the subject and “had confidence in the article’s accuracy at the time of publication,” the newspaper’s lawyers wrote.
In a summary docket entry last week, first reported by Reason magazine, Barber sided with the Post. He said he would issue a full opinion later.
The Post itself reported on the legal victory on Tuesday. “We are pleased with the court’s decision and look forward to reviewing its written order upon release,” a spokesperson told CNN.
A spokesperson for Trump Media did not immediately respond to CNN’s request for comment, but the company told The Post, “We believe a jury should decide whether these falsehoods were actionable and will evaluate whether to appeal last week’s ruling in due course. We will also continue to hold the media accountable.”
Trump Media positions itself as an opponent of, and an alternative to, traditional tech and media companies. It is best known for operating Truth Social, a relatively small social network favored by the president.
The publicly traded company has been losing money for years; it made less than $1 million in revenue in the first quarter of this year, according to public filings.
The company has repeatedly filed lawsuits over news coverage it deemed false. A defamation lawsuit against The Guardian and other defendants was thrown out by a different Florida judge last November. Trump Media initially filed an amended complaint, but then dropped the matter altogether in April.
Trump Media’s suit against the Post accused the newspaper of a “conspiracy” to harm the company and sought $3.8 billion in damages.
The lawsuit lawyers succeeded in narrowing the case considerably and asserted that Truth Media could not satisfy the “heavy burden” of the actual malice standard.
In May, while awaiting the judge’s ruling, The Post published a correction to the 2023 story stating that “discovery in the ongoing litigation has established” that two assertions in the story were incorrect. But the correction emphasized that the assertions were “based on The Post’s reporting at the time of publication.”
Trump and his businesses have a long history of getting publicity from lawsuits, only to see judges later throw them out.
In April, a federal judge dismissed Trump’s defamation lawsuit against The Wall Street Journal over its reporting on a lewd birthday letter to Jeffrey Epstein bearing his name. Trump refiled that suit in May. He also has pending litigation against the BBC, The New York Times and the Des Moines Register.
Washington
Washington records world’s worst air quality for a city after 850,000 Fourth of July fireworks
Washington DC residents breathed in “unhealthy” air for hours after a 40-minute Independence Day fireworks show over the National Mall on Saturday night, with the country’s capital briefly recording the worst air quality of any major city in the world.
The highly emitting display, which the president called “spectacular”, came as the Trump administration rolls back an unprecedented number of pollution controls.
Hourly concentrations of particulate matter rose to 6.7 times their pre-fireworks levels, according to a Tuesday analysis from the company Clarity Movement based on its network of 26 air quality sensors throughout the city in partnership with the local department of energy and environment. Every one of those sensors reached air quality levels which the Environmental Protection Agency deems “unhealthy for sensitive groups” during the event, the researchers found, with some recording even worse levels of emissions.
Levels of particulate matter peaked at 4am on Sunday, approximately five hours after the display concluded, according to the new analysis. It remained elevated for approximately five hours after reaching its peak, the authors found, with city officials issuing a Code Red alert.
“Outdoor air quality is unhealthy for seniors, kids, people with medical conditions,” the alert said. “General public may experience health issues. Limit time outside.”
The south-west region of DC experienced the highest pollution levels, the report’s authors found, probably because of its proximity to one of the fireworks launch sites in West Potomac park, as well as overnight meteorological conditions that trapped smoke over the area.
That highly polluted air probably drifted into Arlington, Virginia, said David Lu, CEO and co-founder of Clarity Movement.
“Unfortunately, we don’t have sensors there to confirm it,” he said. “That’s exactly why expanding real-time air quality monitoring matters. Without comprehensive coverage, communities can be exposed to significant pollution events that go undetected.”
The air quality across the city could have been even worse in the aftermath of the display if it were not for thunderstorms that struck the city on Sunday evening.
“Despite the scale of the fireworks display, the city’s air quality avoided a worst-case scenario thanks to favorable weather conditions and the timing of the event,” said Lu.
The Fourth of July fireworks show, organized by the Trump-backed non-profit Freedom 250, began at 11pm on Saturday evening. It involved more than 850,000 fireworks launched from 10 sites across the capital, the organizers said. (A typical Independence Day show in DC involves just 17,000 shells.)
Trump on social media called the show “the Most Spectacular Fireworks Show I have ever seen, and I’ve seen them all”.
The fanfare came as the region was baking under an extreme heatwave, which brought triple-digit temperatures to the city hours earlier. For a time after the fireworks show, the city recorded the worst air quality of any major city in the world, according to AirNow, the Environmental Protection Agency website that reports air quality measurements from its monitoring stations.
Asked to comment, a White House spokesperson, Taylor Rogers, said: “It was the largest and greatest firework display in the history of our country to properly celebrate America’s 250th birthday! Every year, fireworks on the Fourth of July cause short-term spikes in air quality across the United States, including Washington, DC. This was not unique to the 250th fireworks celebrations in our nation’s capital.”
The Guardian has contacted Freedom 250 for comment.
Americans shoot nearly 300m lb of fireworks into the atmosphere every year, according to the American Lung Association, letting off lung-harming gases such as sulfur dioxide, carbon dioxide and carbon monoxide.
The Trump administration has, since re-entering office, engaged in a wide-ranging assault on pollution controls, exempting polluting facilities from emissions regulations, boosting coal power, and halting the consideration of the value of lives saved when restricting fine particulate matter and ozone. On 4 July, the president also pardoned nine individuals convicted of violations related to the Clean Air Act, including people found to have tampered with emissions control equipment in cars or selling parts to bypass air pollution standards.
Washington
Question of the week: What does Santana Moss think of Washington’s WR depth?
The Washington Commanders are looking for a bounce back performance from their offense, and they’ll need their wide receivers to take a step up to do so.
Terry McLaurin is the clear No. 1 option at the position, but after him, there are several questions about how the rest of the room will shake out. The No. 2 spot is wide open, and there are several players who could fit the role and others in David Blough’s new scheme. Analysts Santana Moss, Logan Paulsen and Fred Smoot broke down the position on one of the most recent “Command Center” podcast episodes, and as one of the franchise’s all-time best receivers, Moss had a few thoughts on the group. Here’s his assessment on three wideouts and how they could fit into the offense.
“Knowing that he can play both outside and inside, I would think with some of the guys and their size and their experience, I would mainly probably see Antonio attack that middle. I think his route running ability is already to the level of some of these guys who have already played at this level. And just showing me that you don’t look like that this is new to you … He ain’t scared to go out and compete against these guys. To me — and we don’t know anything; we’re just sitting here speculating and assuming — I’d say he’s a slot guy out the gate.”
“I think if I had to just say if I look at that paper, and I asked any coach in this building by name how they think this guy played…if you tell me that Burks played well this offseason, he would be my No. 2 out the gate. He would be my No. 2 wide receiver because one: he brings size, he brings speed, he brings a gear at that size that a lot of people ain’t comfortable checking … You got a guy with size, leaping ability, the catch radius and can run.”
“They talk about how he was one of those guys from Day 1 that could play every position, and that’s stemming from him being a quarterback. Quarterbacks learn the game a little different from just a regular skill position guy. Luke came in here, and he knew X, he knew Z, he knew Gator. When you have those intangibles and you have that kind of mindset when it comes to playing that position, they can use him where they want to use him. That’s why I said he’s a great committee guy. He’s a guy that I know I’m gonna have on special teams as a returner, and guess what? If he’s not the starter, I’m okay with that because I know I’m going to ask more of him if somebody needs to take a breather.
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