On Monday, the $100 million civil rights lawsuit against Donald Trump filed by “Katie Johnson” was thrown out of court for failure to state a claim. The bulk of the lawsuit claims Trump engaged in sexual impropriety with Johnson in 1994 when she was 13-years-old, which means that Ms. Johnson has sat on this claim for 22 years. Talk about attacking when the case is fresh. The suit alleges that Johnson was a sex slave of Jeffrey Epstein (financier, political donor, and pedophile who flew Bill Clinton et al. on a trip to Africa to help the local economies no doubt) and that Trump and Epstein took turns on her at sex parties between June-September 1994.
Problems with the lawsuit:
Johnson moved to proceed in forma pauperis, which is fancy lawyer talk for “please don’t make me pay the filing fee, I’m poor.” In her documents, Johnson lists as an address a residence which was unoccupied at the time of filing. The complaint also makes a civil claim under a criminal statute (18 U.S.C. 2241 [Aggravated Sexual Assault]) which is a big civil procedure no-no. An attorney would be sharply reprimanded for even filing such a complaint.
As to the 42 USC 1985 claim (Conspiracy to interfere with civil rights), plaintiff must allege (1) a conspiracy; (2) for the purpose of depriving, either directly or indirectly, any person or class of persons of the equal protection of the laws, or of equal privileges and immunities under the laws; and (3) an act in furtherance of this conspiracy; (4) whereby a person is either injured in his person or property or deprived of any right or privilege of a citizen of the United States. United Brotherhood of Carpenters and Joiners of America v. Scott, 463 U.S. 825, 828-29, 103 S.Ct. 3352, 3356-57, 77 L.Ed.2d 1049 (1983). Further, the second of these four elements requires that in addition to identifying a legally protected right, a plaintiff must demonstrate a deprivation of that right motivated by “some racial, or perhaps otherwise class-based, invidiously discriminatory animus behind the conspirators’ action.” Griffith v. Breckenridge, 403 U.S. 88, 102, 91 S.Ct. 1790, 1798, 29 L.Ed.2d 338 (1971). The allegations in the pleadings fail to sufficiently state the existence of a conspiracy to deprive the plaintiff any equal protection or privileges and immunities based on race or protected-class status.
Next problem, according to news outlets that have dug into this story, the address in the complaint was abandoned 15 days before the complaint was filed. Additionally, the phone number listed goes straight to voicemail. Roger Stone, formerly of the Trump campaign, said that the lawsuit smacked of a political smear job.
The question is, who did the job? Could have been any number of parties, ranging from the recently defeated Ted Cruz, to one of the Clintonistas’, or some political operative for the RNC. It’s also interesting how, even over a century after the original white slavery panic, that the easiest way to ruin any man’s reputation is to accuse him of some lurid sexual impropriety.
I almost envy Trump. It must be nice to be hated by all the right people and have enough money and status to fight them on their own level.