Today, Chuck Johnson had a conference in New York City related to his Clearview lawsuit. The conference covered his refusal to comply with discovery or pay sanctions. I went to the conference and got to speak to Chuck for an hour and a half afterwards. This is what happened.
I got to the courthouse around 9:50 AM; it began at 11AM. I met @jbrucj of @RevolverNewsUSA at the conference; a big thanks to him for some of this information (I came prepared with questions and notes but Joe is damn good). I'll link his REVOLVER article when it's up.
When the conference started, Bernard Kleinman, Chuck's attorney, was asked if Chuck was showing up (both of them had been ordered to attend). Kleinman said Chuck had texted him he would. The conference would also address Kleinman's motion to relieve himself of counsel.
Chuck showed up five minutes later in a rumpled, wrinkled suit (matching @CurrentRevolt's descriptions of him in the Point Bridge Capital suit) wearing sunglasses indoors like a complete doofus. He's also Norwooding; he has a small but growing bald spot on the back of his head.
Upon arriving, Chuck began talking to Kleinman. At several points, Chuck burst out into an uncomfortable fake laughter. Kleinman did not reciprocate. It was clear Kleinman was sick of Chuck's gingershines and wanted to fire him as a client as soon as possible.
Judge Katherine Polk Failla was not present. Instead, a magistrate judge whose name I unfortunately didn't get was presiding. She asked Clearview's lawyers (two women junior counsel) about Chuck not complying with the July 31 order on sanctions, as well as discovery.
Clearview's lawyers stated that Chuck has not turned over any of the requested discovery material. They note that Chuck has openly said he will not comply. He will also not pay sanctions, which are due tomorrow.
Clearview's counsel adds that their counterclaim is based on Chuck violating a non-disparagement agreement he signed when Clearview was winding down. They are aware of him publicly attacking Clearview and want to use discovery to catalog ALL disparaging statements he's made.
Clearview's lawyers note that Chuck has publicly admitting to making defamatory statements about the company and its founders. They are hiring an expert to sift through discovery to determine the exact amount of damages his gingershines have caused them.
After this, Kleinman interjects to state that Chuck's statements may not meet the definition of defamation under New York state law. He believes it would be difficult for Clearview to demonstrate damages. At this point, Chuck speaks and things go sideways fast.
Chuck requests is to dismiss Kleinman immediately and represent himself. The judge refuses. Chuck accuses Clearview of breaking the law and claims his statements were to warn the public. He accuses Clearview of not paying money they owe him during the wind-down process.
Chuck claims he will not comply with discovery and turn over emails/messages because he believes Clearview is a "phishing op." He brings up his ex-wife and daughter for some unknown reason and says Clearview is trampling his First Amendment rights.
The judge is not having it. She tells Chuck bluntly that none of what he's said has anything to do with the case and does not relieve him of his discovery obligations. Chuck claims he dismissed his claim against Clearview because he doesn't believe they have the money he is owed.
Chuck goes on about how Clearview is engaging in a legal harassment campaign against him because they are bankrupt. The judge is tired of this and interrupts him to say that none of this has to do with his refusal to comply with discovery, which Clearview has a right to.
The judge points out that Clearview has offered the opportunity to come to an agreement on discovery. They only want specific emails and contacts, mediated by a third-party discovery software, so it is entirely possible for the two sides to agree on the scope of discovery.
Chuck starts ranting about how he's "ready to go to jail." He says that he can no longer comply with discovery because his laptop was hacked. He claims discovery would be a "death sentence" for him and tells the judge to get a marshal to arrest him this afternoon.
The judge is very, very tired of Chuck at this point. She tells him he won't be arrested today but he must comply with discovery. She adds that everything he has said up to this point is completely irrelevant to the case.
Chuck says he no longer possesses the communications Clearview wants. The judge smells bullshit and asks him how this is possible. She says Clearview can just subpoena his communication providers. Chuck says they can't. The judge is like "so you got into Gmail's servers...?"
It's Clearview's turn to speak again. The judge tells them flatly that they are unlikely to get any substantial judgment from Chuck and asks them why they're pursuing this. The junior counsel reiterates that they want discovery so Clearview's expert can accurately assess damages.
Judge asks why they don't seek a judgment based on what they already have. She says they are unlikely to get more money out of Chuck then they will spend trying to get him to comply. Clearview says they want a full account. Judge says that might not be possible.
It's Chuck's turn again. He confirms to the judge that he will not pay the sanctions due tomorrow. The judge says that they will consider coercive sanctions if he does not pay, and will also consider subpoenas to force compliance on discovery.
Chuck tells the judge that he will file an appeal against the sanctions. The judge, clearly exasperated with Chuck's total ignorance of the law, tells him the court is unlikely to accept his appeal. She points out that he has not been paying Kleinman or cooperating with him.
The judge requests Chuck's address so the court can remain in contact with him. He lists addresses in Texas and Virginia. The judge tells him to fill this out on a form. He replies that she can refer to his "Texas case" for that information. She says she doesn't care about Texas.
Kleinman speaks. He wants to leave the case as soon as possible. He says that Chuck is uncooperative and has not been paying him. He complains that this case is taking away time he needs for actual paying clients. The judge says the court will take his motion under consideration.
The conference is adjourned. Chuck fills out the form with his address and has a brief discussion with Kleinman. He then turns to leave, passing Joe and me on the way out, and the funniest thing happens. (I hit the 30-post limit, story will continue with more Tweets.)
Chuck shakes Joe's hand and then asks who I am. I'll repeat that: Chuck Johnson did not recognize me even though he sought me out in 2014 (which is how we met), met IRL several times, spoke on the phone often, and he was threatening me on Twitter before he was "banned" last year.
I had been expecting to ask Chuck a few questions and then leave. (The conference only took a half-hour.) Instead, Joe, Chuck, and I went for lunch and we were talking to him for an hour-and-a-half, literally the most amount of time I've spent talking to Chuck IRL all at once.
I let Joe take the lead on questioning because he was better prepared and had a recorder. We got lunch at a pizza place and then hung out outside the World Trade Center (Chuck had to be back at his hotel by 1pm). I'll let Joe post what he got, but I got answers to my questions.
Chuck told us that after the judgment was issued in the Point Bridge Capital case, all his accounts were frozen due to how large it was. He appealed and said most of his accounts are un-frozen now. (He gave the impression of a poor person trying to keep up appearances.)
Chuck also claimed the majority of his money was in a trust which he doesn't have free access to. I believe this was his way of elliptically telling us he is making himself judgment-proof to avoid paying Point Bridge Capital or Clearview.
I asked Chuck about Sarah Unsicker's allegations against him. Unsicker is a former Missouri state legislator, a Democrat, who recently accused Chuck of being a con man who destroyed her political career. See her Substack article below. https://x.com/SarahUnsicker/st...
