A lawyer representing Roy Moore, who twice was elected chief justice of the Alabama Supreme Court and now is suing actor Sacha Cohen and Showtime for millions for fraudulently inducing him to appear on a show, is asking a federal court in Washington to reconsider a ruling that appears to be based on the alleged fraud.
Judge Thomas Hogan said the case must be heard in federal court in New York, not in Washington, D.C., where Moore filed his action for damages for being “maliciously defamed” by Cohen and Showtime.
But the basis for that ruling is a clause in the allegedly fraudulent contract and, therefore, should not be followed, argued a motion filed in the Washington court by Freedom Watch founder Larry Klayman.
He argued the federal court precedent is that reconsideration may be granted when there is “clear error” in a ruling, such as basing the decision on a fraudulent contract.
Klayman also claimed the judge appeared to be biased, and a new judge should be assigned to hear the case.
“To be honest and straightforward, given the manner in which this court appeared to disrespect and disparage Plaintiff Moore at the outset of the hearing over whether he could still be referred to as chief justice of the Alabama Supreme Court – indeed a public figure such as a judge never loses his or her title – and then at the conclusion of the hearing read from an apparently pre-prepared order that was obviously penned even before the court heard oral argument, it would appear that the court not only prejudged defendants’ motion to transfer, but also harbored extra-judicial bias toward Chief Justice Moore,” the filing states.
Klayman wrote in a WND column that he opposed the transfer to New York courts because the “defamatory acts” occurred in Washington.
He opposed the transfer also because in order to trick Moore and his wife, Kayla, to travel to Washington to appear on “Who is America” by Showtime, the company and Cohen submitted a fake document.
“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,” Klayman said.
The background is that Cohen, through a fraudulently created Israeli broadcasting company, Yerushlayim TV, offered Moore an award for support of Israel.
“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,” Klayman explained.
Then Cohen “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,” Klayman wrote.
Moore is seeking damages of at least $95 million in his lawyer.
Cohen’s project has generated outrage among conservatives for fooling high-profile personalities into believing they were being given an award, or being interviewed. Instead, Cohen created incredibly embarrassing situations, including accusing some of being pedophiles, on camera.
Klayman said in the original complaint that Cohen “falsely and fraudulently represented, in concert with Showtime and CBS, that the filming and airing of the show would be conducted by Yerushalayim TV – which does not actually exist. Instead of the real producer of the show, which is called ‘Who is America,’ was Showtime, owned by CBS.”
The action alleges defamation, intentional infliction of emotional distress and fraud.