Fox News invokes Hague Convention to request testimony by Julian Assange in the case brought by the family of Seth Rich.
Order signed by U.S. judge today. Fox News agrees to bear costs.
''REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE PURSUANT TO THE
HAGUE CONVENTION OF 18 MARCH 1970 ON THE TAKING OF EVIDENCE''
ABROAD IN CIVIL OR COMMERCIAL MATTERS
The United States District Court for the Southern District of New York presents its
compliments to the Senior Master of the Royal Courts of Justice, and respectfully requests
international judicial assistance in accordance with the Hague Convention of 18 March 1970 on
the Taking of Evidence Abroad in Civil or Commercial Matters (“Hague Convention”), as
implemented into English law by the Evidence (Proceedings in Other Jurisdictions) Act 1975
(the “1975 Act”), to obtain evidence in England to be used in the above-captioned judicial
proceeding. Specifically, this Court requests that the Senior Master, by the proper and usual
process of your Courts, direct Julian Assange, located at Prisoner #A9379AY, HMP Belmarsh,
Western Way, London SE28 0EB, United Kingdom, to appear for testimony.
excerpts…
On May 16, 2017, nearly a year after Mr. Rich’s death, Fox News published an online
article by Malia Zimmerman headlined: “Seth Rich, slain DNC staffer, had contact with
WikiLeaks, say multiple sources.” The article quoted a confidential, federal investigator source,
who was described in the article as having “reviewed an FBI forensic report” of Mr. Rich’s
computer and was quoted as saying: “I have seen and read the emails between Seth Rich and
WikiLeaks.” The article also reported that the federal investigator’s account was “consistent
with the findings of Rod Wheeler, a former DC homicide detective and Fox News contributor
and whose private investigation firm was hired by Rich’s family to probe the case.” On May 18,
2017, two days after the article was published, plaintiff Joel Rich wrote to Zimmerman seeking a
retraction. On May 23, 2017, Fox News issued a retraction, explaining: “The article was not
initially subject to the high degree of editorial scrutiny we require for all our reporting''.
…………….
Thus, evidence regarding the source of the leaked DNC emails and the communications
(if any) between Seth Rich and WikiLeaks will be highly material to Fox’s contentions that the
article was not a “sham” as asserted by Plaintiffs, that the Plaintiffs cannot prove falsity, and
highly material to Fox’s contention that they were not engaged in any outrageous behavior,
against the Riches: Fox was pursuing a story that was substantially true. Mr. Assange, as
founder of WikiLeaks, is exceptionally suited to provide testimony that will be highly relevant to
these issues. Therefore, Fox News, by and through this letter of request issued by the District
Court, is formally requesting the testimony of Mr. Assange for use at trial.
…………..
This Request is being made to obtain testimony from Julian Assange for use at trial in the
above-captioned matter in relation to the source of the DNC emails and documents released by
WikiLeaks in 2016; WikiLeaks’ response to Mr. Rich’s murder; and WikiLeaks’
communications with Mr. Rich and members of Mr. Rich’s family.
……………………
6) How did WikiLeaks obtain the DNC emails and documents?
7) Which individual(s) and/or entit(y/ies) provided the DNC emails and documents to
WikiLeaks?
8) Which individual(s) and/or entit(y/ies) obtained those materials from the DNC?
9) Describe any role played by Seth Rich to your knowledge in obtaining those materials
and/or providing them to WikiLeaks.
12) Has Mr. Assange ever communicated with Seth Rich in any manner?
13) If so, what was the content of the communications?
14) If Mr. Assange himself has not communicated with Seth Rich, is Mr. Assange aware as to
whether any person affiliated with WikiLeaks ever communicated with Seth Rich in any
manner?
15) If so, (a) who communicated with Seth Rich? And (b) what, to Mr. Assange’s knowledge,
was the content of such communication(s)?
16) Has Mr. Assange ever communicated in any manner with another member of the Rich
family, including (but not limited to) Aaron Rich, Joel Rich, or Mary Rich?
pdf: https://t.co/cClRdqpxs7
https://twitter.com/IvanPentchoukov/status/1291113777442816000