📄 Extracted Text (1,549 words)
[00:00:00] Breaking news. I've just gotten sued by
[00:00:03] the CIA official that we reported on and
[00:00:06] exposed two years ago who was in the
[00:00:09] restaurant openly saying that the CIA
[00:00:12] withheld information from President
[00:00:14] Trump.
[00:00:14] >> We expect information from him.
[00:00:16] >> From Trump,
[00:00:18] >> President Trump reacted.
[00:00:20] >> CIA, Central Intelligence Agency. This
[00:00:22] is not an intelligent guy.
[00:00:24] >> Count one, fraudulent misrepresentation.
[00:00:26] Count two, conspiracy to commit
[00:00:29] fraudulent representation. Count three,
[00:00:32] which is USC 2511, that's wiretapping.
[00:00:35] As a direct of these reports, Mr. Faci
[00:00:38] suffered severe emotional distress,
[00:00:40] humiliation, and depression, fear, and
[00:00:43] terror. That is because of what Mr.
[00:00:46] Fissi did. Just got this lawsuit from
[00:00:48] the Eastern District of Virginia. That's
[00:00:50] federal court. We're going to take you
[00:00:52] through it. In case you don't remember,
[00:00:54] this is a guy who worked for the Chinese
[00:00:56] mission center part of Langley, Virginia
[00:00:59] CIA. He had the green badge, showed our
[00:01:01] undercover reporter his green badge, and
[00:01:03] he said that we, that's at the CIA, kept
[00:01:06] information from Donald Trump.
[00:01:07] >> We kept information from him,
[00:01:09] >> from Trump.
[00:01:10] >> Yes.
[00:01:10] >> He said he certainly would
[00:01:16] give him a high level of review, but
[00:01:18] never give him any detail. Do you know
[00:01:19] why? This whole leak will speak, y'all.
[00:01:21] After he did the report, President Trump
[00:01:24] reacted.
[00:01:24] >> Well, shocking to see how stupid
[00:01:26] somebody can be. If this guy's for real,
[00:01:28] you ought to get rid of him. CIA,
[00:01:30] Central Intelligence Agency. This is not
[00:01:32] an intelligent guy.
[00:01:34] >> Now, we actually got a statement from
[00:01:36] the CIA who fired Amjad Bisi called me
[00:01:39] on the phone and said he's now a former
[00:01:42] contractor. He actually was a program
[00:01:43] manager with Deote.
[00:01:45] >> The individual making these allegations
[00:01:47] is a former contractor who does not
[00:01:49] represent CIA. Amjad Visi also claimed
[00:01:52] that the CIA was spying on his exwife.
[00:01:55] We interpreted that to be Marla Maples.
[00:01:57] I asked Mara Maples about that in my
[00:01:59] sitdown interview on the price of my
[00:02:01] life. Now, they're suing us for three
[00:02:03] things. Count one, fraudulent
[00:02:04] misrepresentation. Count two is
[00:02:08] conspiracy to commit fraudulent
[00:02:10] representation. And count three, which
[00:02:13] is USC 2511, that's wiretapping. They're
[00:02:16] claiming that Undercover Porter
[00:02:18] misrepresented herself on a dating
[00:02:20] profile and was quote inauthentic. Now,
[00:02:24] if this is fraudulent misrepresentation,
[00:02:27] basically every lie in social life could
[00:02:31] be a federal crime. Now, if it were a
[00:02:33] federal crime or a federal tort for a
[00:02:36] girl to be inauthentic on a date, then
[00:02:39] we would effectively have to criminalize
[00:02:41] all social lies. But don't take my word
[00:02:43] for it. Let me quote federal judge
[00:02:45] Richard Pner. If the use of undisclosed
[00:02:47] or false identities were per se wrongful
[00:02:49] as a form of fraud, then we'd have to be
[00:02:51] willing to allow restaurants to sue
[00:02:53] restaurant critics, landlords to sue
[00:02:55] fair housing testers, and stores to sue
[00:02:58] secret shoppers, who, as it turns out,
[00:03:01] have actually no real intention to buy.
[00:03:04] Or as another law professor wrote, if
[00:03:06] the use of undisclosed or false
[00:03:08] identities were per se wrongful, a
[00:03:10] private investigator could not lawfully
[00:03:12] obtain evidence of adultery by posing as
[00:03:14] a potential lover or a black person
[00:03:16] could not lawfully expose racial
[00:03:18] discrimination by posing as a potential
[00:03:21] renter or employee. This is completely
[00:03:24] preposterous. Now, let's go to this
[00:03:25] wiretapping stuff. That's USC 2511
[00:03:30] wiretapping. Now, Virginia is a one
[00:03:32] party consent state to record. That
[00:03:34] means I can record the guy or I'm Jed
[00:03:36] Faci could be recorded by the undercover
[00:03:38] reporter as long as one of them knows
[00:03:41] that the recording is taking place. As a
[00:03:43] direct of these reports, Mr. Picia
[00:03:45] suffered severe emotional distress,
[00:03:48] humiliation and depression necessitating
[00:03:50] psychiatric and psychological medical
[00:03:53] treatment, fear and terror resulting
[00:03:56] from death threats directed towards him
[00:03:58] as a result of O'Keefe's defamatory
[00:04:00] statements and damage to his reputation,
[00:04:03] eight months of unemployment, numerous
[00:04:04] resented job offers, and the loss of
[00:04:07] professional relationships. So what this
[00:04:09] lawsuit does, if you go to section 71,
[00:04:11] it says, "Notwithstanding Virginia being
[00:04:13] a one party state, 18 USC 2511
[00:04:16] nonetheless prohibits the interception
[00:04:18] and recording of a communication if it
[00:04:20] was for a quote torchious act." So
[00:04:22] they're saying that my intent was to
[00:04:25] commit a torch act. Our intent is not to
[00:04:28] commit a torch act. Our intent is to
[00:04:31] gather information about the CIA and
[00:04:33] publish it, which is what journalists
[00:04:36] do. We just do it so well that there's
[00:04:41] no way out for him. He can't say that we
[00:04:43] lied because his face is on video. You
[00:04:46] could see his lips in a moving. Quite
[00:04:48] unlike New York Times, Washington Post,
[00:04:50] NBC, ABC who quote people on background
[00:04:52] who call people off the record. We have
[00:04:54] no idea what actually was stated. But in
[00:04:55] this case, you know exactly because you
[00:04:57] can see his face. That's why he's suing
[00:04:59] us. But our intent is no different than
[00:05:01] any of those organizations or
[00:05:02] publications. It's just that we publish
[00:05:04] the information without his consent,
[00:05:08] which is what an investigative reporter
[00:05:10] ought to do. It stands to reason that
[00:05:12] any investigative reporter who publishes
[00:05:14] information without the consent of the
[00:05:16] person would therefore, according to
[00:05:18] this lawyer, be doing the journalism for
[00:05:20] purposes of committing a torch act.
[00:05:22] That's a paradox. That's ridiculous.
[00:05:24] That's absurd. Now, what would be
[00:05:26] torchious if we per, for example, if we
[00:05:29] were posing as corporate spies? We were
[00:05:31] a for-profit company that was a
[00:05:33] competitor to what this man was doing at
[00:05:35] Accenture or at Deote. He was actually a
[00:05:38] program manager at Deote working with
[00:05:40] the CIA. If I was a competitor to Deote,
[00:05:42] now that might be a torches act, but we
[00:05:45] are journalists covered by the First
[00:05:47] Amendment. This is not the only lawsuit
[00:05:49] that we're facing. We're facing a number
[00:05:51] of lawsuits which basically are all
[00:05:53] claiming the same thing. These lawsuits
[00:05:56] must fail. The only way they won't is if
[00:05:59] they try to milk me for legal fees and
[00:06:02] make me settle. Let me be clear. I am
[00:06:04] not settling this lawsuit. This lawyer,
[00:06:07] Jason F. Zelman is his name from
[00:06:10] Fairfax, Virginia. If you're on
[00:06:12] contingency, good luck, buddy. This is
[00:06:14] going to be the most expensive use of
[00:06:16] your time you've ever managed. I don't
[00:06:18] settle lawsuits. I'll go all the way to
[00:06:20] the Supreme Court and I will win because
[00:06:23] there's something called the First
[00:06:24] Amendment. And I know that's a cliche,
[00:06:26] but it actually still applies in the
[00:06:28] article three courts. In fact, we have a
[00:06:30] hearing January 15th in Washington DC in
[00:06:32] the DC circuit court of appeals in the
[00:06:34] democracy partners case which is
[00:06:35] covering the same thing. And we must
[00:06:38] win. We will win even if it takes us
[00:06:41] years. And I think that there is a
[00:06:44] assumption that we want to hurt people.
[00:06:46] We have no desire to hurt people. Our
[00:06:49] desire is news gathering and bringing
[00:06:52] information to the public that the
[00:06:53] public needs to know. This is from
[00:06:56] American Muckraaker. In gathering
[00:06:58] truthful information in the course of
[00:07:00] his duties, the journalist will affect
[00:07:02] people in a negative way. But the
[00:07:04] purpose, the public's right to know is
[00:07:06] what is important. As Washington Post
[00:07:09] editor Leonard Downey writes in the new
[00:07:11] Muck Rakers, the investigative reporter
[00:07:14] must face the fact that his stories will
[00:07:17] as a byproduct harm people. But what's
[00:07:21] never be forgotten, however, is that in
[00:07:23] a democracy or in a democratic republic,
[00:07:25] which we are, protecting the public's
[00:07:27] right to know is necessary if citizens
[00:07:29] are to make informed decisions. So if
[00:07:32] Nick Shirley reports on Minnesota fraud
[00:07:35] and it hurts members of the Somali
[00:07:38] community because fraud is happening,
[00:07:40] that doesn't mean he shouldn't have a
[00:07:42] right to report on the fraud. If
[00:07:44] malfecence is happening here in
[00:07:47] Washington DC with a CIA official
[00:07:49] behaving badly, possibly even doing
[00:07:52] something that's against the rules of
[00:07:55] the CIA, and we report on that, that is
[00:07:58] because of what Mr. Faci did. I am just
[00:08:02] exercising my first amendment right and
[00:08:04] my first amendment duty to report it to
[00:08:07] all of you. Stay tuned. We will never
[00:08:10] settle. Not settling. Our organization
[00:08:12] is called Citizen Journalism Foundation
[00:08:15] which defends the rights of our
[00:08:17] undercover reporters to do this. We are
[00:08:19] being sued all over the place in federal
[00:08:22] court, state court, the DC circuit court
[00:08:24] of appeals. This will all go to the
[00:08:25] United States Supreme Court and a
[00:08:27] decision will have to be made on whether
[00:08:29] journalism is allowed in this country.
[00:08:32] Do you want unsanctioned information or
[00:08:34] do you want sanctioned information? That
[00:08:38] will be the decision before your honor.
[00:08:40] And I know of course the decision will
[00:08:42] be we have a right to do this as long as
[00:08:45] we don't give up.
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