Date: Tue, Nov 24, 2015 at 6:30 AM
Subject: Fwd: Your declaration provided to Kelley Lynch repeating an allegation about Lorca Cohen
To: Ann Diamond <anndiamond2011@gmail.com>, "*irs. commissioner" <*IRS.Commissioner@irs.gov>, Washington Field <washington.field@ic.fbi.gov>, ASKDOJ <ASKDOJ@usdoj.gov>, ": Division, Criminal" <Criminal.Division@usdoj.gov>, "Doug.Davis" <Doug.Davis@ftb.ca.gov>, Dennis <Dennis@riordan-horgan.com>, MollyHale <MollyHale@ucia.gov>, nsapao <nsapao@nsa.gov>, fsb <fsb@fsb.ru>, rbyucaipa <rbyucaipa@yahoo.com>, khuvane <khuvane@caa.com>, blourd <blourd@caa.com>, Robert MacMillan <robert.macmillan@gmail.com>, a <anderson.cooper@cnn.com>, wennermedia <wennermedia@gmail.com>, Mick Brown <mick.brown@telegraph.co.uk>, "glenn.greenwald" <glenn.greenwald@firstlook.org>, Harriet Ryan <harriet.ryan@latimes.com>, "hailey.branson" <hailey.branson@latimes.com>, Stan Garnett <stan.garnett@gmail.com>, mike.feuer@lacity.org, "mayor.garcetti" <mayor.garcetti@lacity.org>, Opla-pd-los-occ <OPLA-PD-LOS-OCC@ice.dhs.gov>, "Kelly.Sopko" <Kelly.Sopko@tigta.treas.gov>, Whistleblower <whistleblower@judiciary-rep.senate.gov>, Attacheottawa <AttacheOttawa@ci.irs.gov>, tips@radaronline.com
Ann,
I see Leonard Cohen's unofficial rogue lawyer has written threatening you. Let me explain something: I was on "trial," for lack of a better word, for violating a fraud restraining order. The issue re. Lorca Cohen's statements at Concordia were used against me. The prosecutor lied and falsely accused me of making these statements. You were questioned about this alleged incident by Freda Guttman whose child was present at Concordia. I was asked to contact my brother-in-law, an attorney. I have my communications with Cohen.
I see Leonard Cohen's unofficial rogue lawyer has written threatening you. Let me explain something: I was on "trial," for lack of a better word, for violating a fraud restraining order. The issue re. Lorca Cohen's statements at Concordia were used against me. The prosecutor lied and falsely accused me of making these statements. You were questioned about this alleged incident by Freda Guttman whose child was present at Concordia. I was asked to contact my brother-in-law, an attorney. I have my communications with Cohen.
Leonard Cohen feels entitled to lie, cheat, steal, and falsely accuse others. Gianelli is threatening you for Cohen. Your declaration is most certainly protected by the litigation privilege. Cohen's perjury is not. He is simply in bed with local government actors.
Kelley
---------- Forwarded message ----------
From: Stephen R. Gianelli <stephengianelli@gmail.com>
Date: Mon, Nov 23, 2015 at 10:54 PM
Subject: Your declaration provided to Kelley Lynch repeating an allegation about Lorca Cohen
To: Ann Diamond <anndiamond2011@gmail.com>
Cc: kelley.lynch.2013@gmail.com
From: Stephen R. Gianelli <stephengianelli@gmail.com>
Date: Mon, Nov 23, 2015 at 10:54 PM
Subject: Your declaration provided to Kelley Lynch repeating an allegation about Lorca Cohen
To: Ann Diamond <anndiamond2011@gmail.com>
Cc: kelley.lynch.2013@gmail.com
Ms. Diamond,
Kelley Lynch is (once again) FORESEEABLY republishing your declaration that repeats a libelous allegation about Lorca and Leonard Cohen in mass emails and on the internet.
I don’t know what you were told about testimony being immune from a libel suit, but in California that is governed by the so called “litigation privilege”.
The litigation privilege applies when statements are "(1) made in judicial or quasi-judicial proceedings; (2) by litigants or other participants authorized by law; (3) to achieve the objects of the litigation; and (4) [they have] some connection or logical relation to the action." (Silberg v. Anderson (1990) 50 Cal.3d 205, 212 [266 Cal.Rptr. 638, 786 P.2d 365].) The privilege "extends to any communication: '(1) made in judicial or quasi-judicial proceedings; (2) by litigants or other participants authorized by law; (3) to achieve the objects of the litigation; and (4) that [has] some connection or logical relation to the action.' [Citations.]" (Kimmel v. Goland (1990) 51 Cal.3d 202, 209 [271 Cal.Rptr. 191, 793 P.2d 524]
b
Lynch’s original publication of the statements about Lorca Cohen in her court-filed declaration was neither reasonably calculated to achieve the objects of the litigation (e.g., to obtain an order vacating the 2006 default judgment and/or to oppose a requested order sealing the record – as the case may be) NOR did the statement have some logical connection to the action or to any pending motion in the action. Therefore. Lynch’s (with your authorization) publication through her court filed declaration was not litigation privileged pursuant to Civil code section 47.
You were also aware that Lynch was likely to republish your statements in mass emails and on her blog (exactly what she has done and is doing).
I don’t speak for Leonard Cohen. But he would be within his rights to sue you for libel.
Stephen Gianelli
Crete, Greece
