Even with airtight forensics and an admission from a former federal agent involved in some of the illegal surveillance, hope for accountability in the case of the government spying on me and my family fades further.
The judge has dismissed the case against two of the defendants: Rod Rosenstein and Shawn Henry.
The court agreed on a variety of fronts with the Department of Justice attorneys defending the pair, who have fought mightily for years, defending the guilty agents rather than holding them accountable: Too much time has passed since the crimes. The venue is wrong. The defendants enjoy immunity.
And, in short, the court is telling us we must prove who, precisely, did which acts where— before we are entitled to discovery that would show us who, precisely, did which act where.
As one federal judge who previously agreed with our side said: It’s “Kafkaesque” and circular reasoning that makes accountability impossible.
I went into this years ago wrongly believing if one has proof (we’ve proven the government illegally surveilled my computers) there would be immediate accountability.
When the Department of Justice covered up instead of holding its agents accountable, I wrongly believed the proof could be presented to court and the case would, by default, be won.
For years, with the help of a tireless legal team and Fourth Amendment advocates, I have pursued a very expensive case against the Department of Justice and the responsible agents. They use unlimited taxpayer money to make sure my case doesn’t succeed.
I have since learned that all the proof in the world, a half dozen independent forensics exams, and even an admission by a guilty party, are not enough to pierce the tilted justice system when powerful interests want a case to go away.
Since I filed my case some years ago, there have been countless other well documented examples of our Justice Department and its personnel breaking rules, laws, and failing to serve the public interest. The surveillance abuses have been confirmed by both Democrat and Republican investigators, as well as the Foreign Intelligence Surveillance Court. They are no longer theoretical.
Read more about the case here.
I firmly believe if the Department of Justice had been forced to properly handle the outrageous incidents of spying on me— and hundreds of others unnamed citizens and journalists who didn’t have the forensic contacts and connections to obtain proof that I was lucky enough to have— we might have been able to prevent the government surveillance abuses that happened post-2014, and likely continue today.
Instead, the government has been given the green light to illegally spy on any journalist, citizen, political figure, judge— you name it— and there is no way for the ones who are intruded upon to hold the guilty parties accountable.
The guilty parties are, unfortunately, the ones who get to decide justice.
What’s left?
There are still claims possible against remaining defendants in my case, but no reason to think that the outcome will be different. My legal team will be deciding the next step soon.
Two years ago this month, Judge James Wynn of the U.S. Court of Appeals commented (in a dissenting opinion that supported my case):
Not only should we disapprove of the tactics the government used to run out the clock on Attkisson’s claims, but we should also reject the troubling “game plan” it provided for the government and private parties to prevent disclosure of—and, therefore, responsibility for—their potentially unconstitutional or illegal electronic surveillance activities…
Beginning in the late 1960s, when the University of North Carolina Tar Heels seized the lead in the second half of a basketball game, Hall of Fame head coach Dean Smith would raise his arm and put up four fingers. Requiring no further instruction, two post players would run to the two corners of the court formed by the baseline and the sidelines, and two wing players would move to the corners formed by the mid-court line and the sidelines. The point guard—most famously, Phil Ford—would then dribble the ball at the top of the key as the clock ticked down, occasionally exchanging the ball with one of the wing or post players if the defense applied too much pressure. In this offense—commonly referred to as the “Four Corners”—the clock was the Tar Heels’ best friend. The longer the Tar Heels held the ball on offense, the less time their opponent had to try to score and cut into the Tar Heels’ lead. The Four Corners proved so successful that college basketball’s powers-that-be effectively outlawed it through the adoption of the shot clock in 1985. In this case, the government—not unlike Dean Smith’s Tar Heels—put up the “fours” when Plaintiff-Appellant Sharyl Attkisson, a journalist formerly employed by CBS News, filed suit against unnamed employees and agents of the federal government (the “Doe Defendants”).
Attkisson alleged that the Doe Defendants conspired to violate her constitutional and statutory rights by accessing and commandeering her home and work internet-connected devices for surveillance purposes. But Attkisson never got a meaningful opportunity to pursue her claims because the government did everything in its power to run out the clock on Attkisson’s action—it filed motions challenging venue and jurisdiction, motions challenging the sufficiency of service, motions for extension of time, motions to dismiss, and motions for protective orders. And just as the Tar Heels had great success running the Four Corners, the government’s strategy worked. Although Attkisson diligently sought to identify the Doe Defendants for nearly four years—including by repeatedly serving discovery on the government and third-parties directed at identifying the Doe Defendants—the district court dismissed her case with prejudice against the Doe Defendants for failing to comply with a court order to identify the names of the Doe Defendants by a date certain. The district court did so even though the government’s delaying tactics deprived Attkisson of any meaningful opportunity to engage in the discovery necessary to identify the Doe Defendants.
Judge James Andrew Wynn, U.S. Court of Appeals
I thank you for your efforts despite the outcome. Too many sheeple simply sit on the sidelines and complain but won’t even take the time to advocate for their perspective. The circular logic applied in support of dismissing your case is maddening but as an ex-government drone myself, I would expect nothing less. I too have lost all faith in any government entity above local towns and even there I’ve gotten to where I expect to get burned more often than not. You’ve become my very favorite news professional because of your willingness to provide access to unbiased material that is so uncommon in your industry. Thanks once again!
You already won! For what is a purpose of legal proceedings if not to tell the community of what had transpired and who is a villain. By fighting your fight and not giving in an inch you exposed them for what they are, and that is a victory. Let them hide cowardly behind their dirty lawyerly tricks. We know better!
And THANK YOU!
No confidence at all in the justice department at any level from the FBI thru the courts and even the Supreme Court. America is dead.
This is what happens in a failing empire soon to collapse under it’s own corruption into social unrest and revolution. Did you file this complaint in the district of corruption, if you did what did you expect.
Miss – this is why Black Lives Matter actually has grass roots support. Think of all the poor blacks who got royally screwed by police, the FBI, Sheriffs, ATF, prosecutors and judges. A big majority of them lie even on the witness stand, cheat, hide evidence, plant evidence, get “snitches” to tell on people in trade for time off. This is why BLM got so much support and ‘defund the police’ got so much support. But it is even worse because they got screwed by being sent to jail or prison. You just got your info and privacy messed with. Noting I don’t agree with BLM or defund the police.
“just”? This sort of government tyranny and overreach chips away at the foundation of our nation.
I can’t believe he said that. “Just” death of a nation by a thousand cuts.
I weep with you Sharyl. Nonetheless, simple words of wisdom – Do what is right anyway. I unfortunately missed one of your most recent episodes about super soldiers. I don’t believe you have to look to China though – Please review in full https://www.youtube.com/watch?v=aUtQbriWt64 Now so much of what we are presently going through makes too much sense. You are not alone in your deep sadness. Believe in our Constitution and continue to demand accountability. Peace A Citizen
Make that: The Dept of the Deep State to serve the Deep State.
Do we need to remind ourselves this travesty is funded by our own tax dollars.
There can no longer be a severed connection between what we are paying for, and what we are getting in retrun. Even more so when it comes to funding public education. ROI = minus negative.
Your years long pursuit to get some accountability really is “Kafkaesque” and its now reaching Salvador Dali levels of surrealism.
Can you share any ideas as to what kind information or story projects could possibly have prompted the “hackers”? You’ve done many tremendous investigative news stories yet what kind of story from years ago would prompt an intrusion of your work & home computers?
Is CBS providing any legal support for you? Didn’t some of the “hacking” occur at the CBS offices? Wouldn’t CBS want to learn who or why their office computers were being hacked?
Hope your situation can be successfully resolved.
Totalitarian governments don’t issue apologies or admit wrongdoing. They steal elections before everybody’s eyes, selectively prosecute and root out any dissension. It’s what they do.
Yep! The swamp is everywhere!! It’s getting worse every day! Don’t know what to do about it. We can’t question election fraud and when they did they got the same runaround you got!! Sometimes it feels as if another country has infiltrated our country and we are going to be taken down from within!!!!!!
Wow! That sounds eerily on the mark.
Thanks for giving it your best shot and working so hard to make those in power acknowledge their crimes against you and other citizens. You are and will continue to be an inspiration for those who fight for justice. You are a warrior-hero.
This isn’t the America our Founders envisioned. They are rolling over in their graves. Citizens are no longer the government. None of the three branches of our government act on the side of the Constitution, the rule of law, or on behalf the taxpayers whose dollars support their greed, graft, and corruption. We have become voiceless subjects. Serfs, not citizens.
You are thee best.
Imagine the outcome of the American Revolution, if it were left to the British courts to decide whether the American patriots had proper standings
Yes….violent revolution is looking more and more like the only alternative that will ever save the American experiment….born in revolution….re-born again in revolution.
We all deserve a better justice system…thank you for upholding principles?
Did the Journalists groups work with you to break the details ?
Did the Police and the DA take the case and help ?
Did the AG/DOJ take the case and work with you to stop illegal hacking ?
Will you appeal again Sharyl ??
Prayers and good thoughts Sheryl, believe in right versus wrong….keep fighting for your just cause….
There are now three certainties in life: death, taxes, and employees of the highest law enforcement organization in the US government are not regulated by the laws they enforce on others. Tell me again why anyone questions why so many loath our government?
Love our country; loath our government. We know the difference.
OMG. I guess you’re not paranoid if they’re really out to get you. Sorry Sharyl, unless you’re part of the “lefty” team, you can forget about justice or fairness. Keep up the good fight. We need you!
So sad to hear about this! I’m not surprised and I’m sure you aren’t either. It’s a complete travesty! Thank you for your dogged determination . You are a wonderful citizen warrior!
And they done the ultimate: Stole an election!
True. What won’t they do the us?
It’s so corrupt, protectionism at its finest
Join the CLUB LADY,,,,,
Drain Los Angeles Superior Court…. Crooked, Crooked, Crooked….