The public will not learn details about the United States’ first ISIS terror attack in Garland, Texas, on May 3, 2015. In a lawsuit against the Federal Bureau of Investigation, dismissal was granted by a federal Judge on December 21, 2018.
The lawsuit, Bruce Joiner v. USA / FBI, has been chronicled by the Geller Report: The case’s essential questions, facts, and FBI’s motion to dismiss: Geller Report; the FBI’s motion for relief from discovery: Geller Report; the Judge’s order prevented discovery: Geller Report; and the case on hold: Geller Report. The case’s pleadings are linked at the end of this story.
Summary of the facts
“On January, 2015, terrorists killed 12 people at the office of Charlie Hebdo, a French satirical magazine, in retaliation for the magazine’s cartoon depictions of the prophet Muhammad. On January 17, 2015, an Islamic group held a conference titled “Stand with the Prophet in Honor and Respect,” at which opposition to cartoon depictions of Muhammad was a central focus. The conference was held at the Curtis Culwell Center in Garland. Pamela Geller, a free speech activist, organized a protest outside the conference. Then, Geller announced that she would host a ‘Draw the Prophet’ competition” at the same location. Order p. 2
“On April 24, 2015, UCE-1 and Simpson were chatting over social media. Simpson shared a link about Geller’s upcoming event, and the conversation proceeded as follows. Order p. 3
UCE-1: Tear-up Texas.
Simpson: Bro, u don’t have to say that… U know what happened in Paris… I think…
Yes or no…?
UCE-1: Right.
Simpson: So that goes without saying… No need to be direct.”
“Plaintiff Bruce Joiner brought this lawsuit after being shot in the leg while working as a security guard at the ‘First Annual Muhammad Art Exhibit and Contest,’ an event that took place at the Culwell Center in Garland, Texas, on May 3, 2015.” Order p. 1
Summary of the legal issues
“For the above actions, Plaintiff brought suit against the United States pursuant to the Federal Tort Claims Act and the Anti-Terrorism Act. He hinges his theories of the United States’ liability on the doctrines of respondeat superior, vicarious liability, civil conspiracy, and aiding and abetting. Plaintiff brought causes of action for assault, international terrorism, negligence, and intentional infliction of emotional distress. The latter two claims are in the alternative. The United States moved to dismiss the action for lack of subject-matter jurisdiction or, in the alternative, for a failure to state a claim.” Order p. 5
But-For the FBI’s undercover agent, UCE-1, having “volunteered” to facilitate a “protest,” a code for murder, and enlisted Elton Simpson and Nadir Soofi, would there have been an attack of bullets, resulting in the security officer, Bruce Joiner, having been shot in his leg, and his incurring Post Traumatic Stress Disorder? Should Plaintiff, Bruce Joiner, get $8 million in compensatory damages? Complaint p. 38
Case dismissed
“The United States is immune from suit absent its consent, and the terms of that consent define a court’s jurisdiction over claims brought against the United States.” The Federal Tort Claims Act “contains a waiver of sovereign immunity … The FTCA’s waiver is subject to several exceptions … One such exception is the discretionary function exception … whether or not the discretion involved be abused.” Order pp. 6-7
As the FBI’s “Declaration notes, ‘FBI policies allow investigative personnel wide discretion to determine operational details of how to conduct an investigation.’ Plaintiff contends, however, that UCE-1 exceeded his discretionary authority by participating in Simpson’s and Soofi’s violent acts, including inciting Simpson by sending the ‘tear up Texas’ message, reassuring Hendricks that he was armed at the event, accompanying Soofi and Simpson to the event, and conducting reconnaissance at the event.” Order pp. 8-9
The “Court finds that the policies identified by Plaintiff, along with the National Security Undercover Operations Policy Guide, contain elements of discretion and that the FBI acted within the scope of that discretionary authority.” Order p. 11
The “Court grants Defendant’s Motion to Dismiss without prejudice for lack of subject-matter jurisdiction.” Order p. 19
Conclusion
Obama’s administration embraced the Muslim Brotherhood, and HAMAS-CAIR. Some of these Muslims’ advocates have been issued top secret security clearances. They have been privy to, and helped to write, policy and training for many federal agencies. You should read See Something, Say Nothing by Philip Haney, a Homeland Security Officer Exposes the Government’s Submission to Jihad.
This case is another example of the Obama administration’s refusal to identify jihadists, but instead label the events being caused by “violent extremists;” or simply, generic criminals. As reported by Liberty One News: In Bruce Joiner’s “personal opinion, that involves factual evidence … only one person is to blame for this…, former president Obama.”
Dismissal was granted; the case ended on December 21, 2018; and the public likely will never learn details. However, Plaintiff could appeal the decision. Or, because the dismissal was “without prejudice,” Plaintiff could re-file the lawsuit.
The USA / FBI owes explanations to many victims of the first ISIS-credited terrorist attack in the United States. Victims include: (a) Bruce Joiner, the security guard, shot; (b) Pamela Geller and Robert Spencer of the American Freedom Defense Initiative, sponsors of the event; (c) Bosch Fawstin, winner of the contest, well as hundreds of artists, including this author; (d) hundreds of attendees at the event; and (e) We, the taxpayers, who have a right to know details of our government’s submission to jihad via political correctness.
Read this case’s pleadings:
Dismissal of case: Opinion and Order
Motion to Dismiss:
Government’s Motion to Dismiss with Memorandum;
Government’s Appendix Part I; and
Motion for Relief from Discovery:
Government’s Motion for Relief;
Order Granting Motion for Relief; and
Joint Proposed Scheduling Order
Gerald Lostutter is a Florida licensed attorney, college professor, journalist, and patriot life member (endowment level) of the National Rifle Association. This article does not create an attorney-client relationship. You should consult a licensed attorney for advice.
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pamela, this is not news to people with eyes and a brain. the Fed Bureau of Islam is not a joke, that’s what it now is. why do you assume that the FBI was not collaborating with the muslim killers to take you out?
Indeed. A miracle happened that day. Pamela is still with us. Divine intervention (?) if you will.
Amen brother. Thank you Lord. Thank you, thank you for this wonderful woman who is America’s Joan of Arc.
She is and, I suspect, always will be.
Imagine if Pamela had been able to deal with the threat personally. And eliminate it as well.
UN Supports Jihadi Invasion and Islamic Takeover of Non-Muslim Lands
And rejects Trump’s choice For daring to speak the Truth About it to head UN’s International Organization for Migration
https://tinyurl.com/yc88lljq
why are we funding them ?
They care more about “Islamophobia” than terror, it seems. 🙁
We are slowly following the EU……..
Agreed. Note that the US government attempting to use the “sovereign immunity” dodge in the near-death of innocents is the same legal device being used by the Saudis as a defense for its actions regarding 9/11.
I wonder if the Fecal Bureau of Islamification was just indirectly carrying out the 0bamanation’s vow to the UN that there “must be no future for those who slander the prophet of Islam”?
Who wants to be that UCE-1, the undercover F_I-B agent was a muslum? How many other “loyal” muslums are working in the F_I-B, C_I-A, N-S_A, D_0-J etc.? Was the Fecal Bureau of Islamisation facilitating islamic terrorism in this case?
The fbi covered up the fact that the Vegas massacre was an isis inspired terrorist plot. It’s distubing that we can’t trust law enforcement or the judicial system any longer.
I don’t believe it is the politically-charged highers-up in law enforcement and DOJ we can trust. Those who do time on the street beat, those who work in the field offices still deserve our respect. However they follow orders from above or face consequences.
In 1944, Count von Helldorf, chief of the Berlin police, was deep into the conspiracy to eliminate Hitler. An officer of similar stripe somewhere is needed now to do the same in America – in a righteous, but not self-serving, manner.
Helldorf, like other righteous conspirators, was executed for his involvement to do a righteous thing.
If it’s only the higher ups who are the problem in the Fecal Bureau of Islamification then why aren’t the rank and file acting as whistle blowers on their obviously corrupt organisation?
Precisely. Men like Count von Helldorf in 1944 were willing to put personal safety and a cushy retirement aside to eliminate despotism.
Count Von Helldorf is interesting, I never heard of him, but it appears he was at one point an enthusiastic Nazi but later had an epiphany and was involved in the plot to kill Sh!tler (for which he was executed).
William Shirer in “Rise and Fall …” provides a good treatment of the fate of those who participated in the 1944 conspiracy as he knew them. ‘Course now we have the internet and opportunity to search the lives of the conspirators individually. Wikipedia is quick and useful but must be viewed with suspicion in view of the political overtones it projects.
I am sure there are still some good ones in the field.
If you do nothing and say nothing doesn’t that make you just as complicit? Maybe the F_I-B needs a detective Serpico.
Who was head of the FBI when all of this happened? Explains it all.
At this point I think our government is so corrupted by islamic petr0dollars I’d prefer a secular military dictatorship and the mass execution of muslum collaborators and muslums who have infiltrated/subverted/co-opted our government.
I love that definition of FBI acronym. That’s the low opinion of them many of us share.
Trump had this to say about the event organized by Pamela Geller: “Why is she insulting everybody?”
We have confusion about what ethical values are.
& the role of the president is not conducted as leader but as spy at best.
Trump is selling weapons to Saudi Arabia where atheists are tortured & imprisoned or killed, Africans* sometimes castrated enslaved, while allowing Saudi funded Mosques plus Mosque-loudspeakers in the USA, unpunished clitodirectomy, 15 years jail for a No-Mosques protest & while making a big circus about fake news which is centered about internal power-struggles the censorship by Muhammadist censors making news fake news, having catastrophic effects on education, social media, media, ngo’s & government is being ignored.
We need a government that protects the ethical values of truth, justice, love, American English, friendliness, ecology, human rights, global imperialism, freedom from religion & to atheism, healthy food (see DrAxe.com), cultivation of ecological best quality basics, support for self-realisation & the abolition of the unjust Muhammad-law worldwide.
*Africans are enslaved in Saudi Arabia, UAE, Oman, Yemen, Kuwait, Lebanon, Bahrain, North-Sudan, Libya, Algeria, Mauritania, Niger, Somalia, Nigeria in emulation of unjust Muhammad who started the global African slave-trade by saying his unproven deity had turned Africans black so African’s descendants would be slaves to Arabs & Turks.
Trump is a puppet of the Muslim Brotherhood and CAIR.
LOL!
Obama is still laughing at YOU!
http://media.breitbart.com/media/2015/03/Tuxedo-Obama-laughing-AFP-640×480.jpg
Do you know how many times a vote was taken to form a committee to examine Islam?
MANY! I don’t have an exact number and it always fails. They KNOW Islam is a problem.
Have a fun night and do your own searches!
Look up “slaves” and expand from there. It;s in the open.
NO Issues with “context” or “interpretation”. Is is clear.
The later parts of the Quran supersede the earlier parts and it’s called abrogation.
Get a Hadith for more explanation. That’s probably online too!
Versions of the Quran are ONLINE and EACH states to strike at the neck
(behead the nonbeliever)
They are not hiding it.
Notice how THIS is not removed – only web pages and sites that OPPOSE ISLAM and CONSERVATIVE sites are removed. Fascist Book has promised more censorship.
https://www.quran.com/
Here is the search on that and it lists 85 translations of their Quran
Each validates this as the course of action to take.
My search term was “strike at the neck”
ABDUL HALEEM
Your Lord revealed to the angels: ‘I am with you: give the believers firmness; I shall put terror into the hearts of the disbelievers- strike above their necks and strike all their fingertips.’
Yet another example of why the swamp fights so hard to control the judiciary…
The judge was appointed by Trump.
Aww did the mean old President Trump monster go pee pee in your Cheerios? The point still stands but it’ll take some mental agility for you to see it…
This has been well planned over the years.
They don’t call the GOP the stupid party for no reason.
At one time, they weren’t this bad either. Now they don’t care – except for a handful of them.
the fbi is corrupt and so is our judicial system… i have no faith, keep ur guns and ammo, never register them, stock pile them…. u definitely will need them one day
Justice denied to the victims of this ISIS terror attack in Garland, Texas is not shocking; the decision, ruling betrays the truth that the contamination of the inner-sanctums of the judiciary, the FBI with treasonous evildoers. The Republic’s agencies and the DoJ infiltration by insurrectionists bent on the overthrowing of this Constitutional Republic. Islam, the Cult of Death, is but one Enemy of the State, in alliance with the above mentioned. They, however, are but the tip of the toxic waste which is, also, part of this seditionist conspiracy. The Democrats, Soros, Obama, and others are not merely soldiers but overlords of this treachery.
It is symptomatic of Liberal-Progressivism’s, Islam’s nefariousness of which there is no end until the heads of the proverbial serpent are decapitated.
Texas is teetering…..
Indeed, Felix, teetering and tottering like other states of the Republic. Once the treasonous scum, the Democrats regain power is disconcerting to the point of madness.
If we lose Texas, no more Republican Presidents…
We need their electorial votes.
Sadly, you are right. Take care.
A Muslim should NEVER be elected to public office in this country. Muslims are bound by Islam to follow Sharia law. Islam and Sharia law are not compatible with our Constitution, our freedoms and our way of life. We cannot assimilate people who are hostile to our government, our laws, our way of life, demanding and intent on conquering. Islam should be banned in this country for that very reason.
Dec 31, 2018 “NYC Debuts Muslim Sharia Patrol Squad Cars in Muslim Neighborhoods”; Compliments of NYC’s finest. WHERE IS THE OUTRAGE?????????
The NYPD has successfully completed their muslim diversity sensitivity training.
They understand now that muslims are merely practicing their religious freedom, as enshrined in the koran, that permits sexual slavery, rape, forced conversion, assault, murder and genocide!
The NYPD stands aside now, smile and applaud with a quiet opera clap of approval.
However, patriots like Pam Geller that expose the truth are threatened.
Unfortunately, that ship sailed long ago. Obama and Hillary made certain of that.
IMO Pamela Geller is an especially American kind of hero. Why? When formidable enemies of America’s right of free expression tell an American that she or he cannot express something that is her or his right to express then the most proper response of that citizen is to go out and express it as publicly as possible. Pamela did that even under clear threat of assassination peculiar to a religion infamous for violence against blasphemers. That’s a real American hero.
She is also being hunted due to a fatwa issued on her.
They wanted to behead her and ideally her family too.
A fatwa is legal opinion or decree handed down by an Islamic religious leader.
She must still be careful…
We the People should protect her !!
Literally !!!
God, ultimately, protects her. There’s only so much ‘we the people’ can do. Believe that!
Yes, He is the ultimate protector.
Evil Triumphs when good men do nothing.
True. But what does that statement have to do with mine?
That God works through ” Men of Good Will” as the original and correct passage says.
Okay, indeed He does. But after ‘men of good will’ have done all they could do, He does the rest-what they could never do.
Must have been terrifying in that conference room when you learned you were under attack.
ISLAM THE CULT OF COWARDS MURDERERS AND SOFT SPOKEN DEVILS! ELIMINATE THIS CULT FROM PLANET EARTH!
Our FBI and activist JUDGES, consistently side AGAINST our rule of law and COVER for Islam.
Just look at the Las Vegas terrorists attacks. See justice there?
Never trust the FBI, CIA (Benghazi), DOJ and some local police.
You need to know the area you live in to know if the local police are corrupt.
In our sleepy township, they are still the good guys.
Sadly, I believed this would be the outcome though I prayed to Almighty God that he would move in this case. I had explained to my wife that no matter how much anyone might, for example, not like Hillary’s and Barack’s decisions in the Benghazi slaughter, their offices give them wide discretion and authority. The fact that they lied is noxious and unacceptable. However, they have the authority to make certain decisions no matter how lousy those decisions may be. It’s parallel to this. The FBI was actually involved in this vicious attempt to assassinate Ms. Geller. However, they have wide discretion to act. That’s what the decision is saying. Am I saying the decision was right. No. It was absolutely wrong MORALLY, but since our law has become officially disconnected from natural law and biblical morality, there is less basis for challenging the rightness or wrongness of the “authorities.” However, the “without prejudice” shows me that the judge realizes that there is something rotten in Denmark (substitute FBI for Denmark) even though he feels his hands are tied….for now.
So….. in post-Constitutional America….”Wide discretion” then now means…… authority to break law and k— citizens and/or fail to protect them ?
Then we are in 1776 territory.
“When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, …… -That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, … “
They simply aren’t enforcing the law so by default we become lawless and arbitrary.
It’s what is going on in the EU.
I was there that day. This is a blatant cover-up to hide the truth that Obama and/or some group within the FBI, wanted me and everyone else at that event in Garland, DEAD.
I have no doubt that is true.
Thank God that didn’t happen.
Anyone surprised by that?
I pray this order and dismissal is being appealed. There may be a few judges on the Fifth Circuit who will allow the case to proceed at least through the discovery phase.You have 30 days to file a Notice of Appeal. I also remind you that soon to be Attorney General Barr may decide to allow the case to proceed. The actions of the Federal Bureau of Injustice were outrageous and need to be exposed.
“We, the taxpayers, who have a right to know details of our government’s submission to jihad via political correctness.”
No wonder the world is so stuffed!
The only “victims” that the left loves are the “victims” of Islamophobia, the one true unforgivable crime in their eyes.
Is this Judge an Obama or Bush appointee !?
Nice donate button.
Senator Chuck Grassley knows the truth and tried to get to the bottom of it. The FBI has been creating terrorism for far too many years while framing innocent Americans for crimes they didn’t do. I hope Trump gets rid of the corrupt FBI and CIA!
What did the FBI Really Know before Terrorist Attack in Garland, Texas? | Chuck Grassley
Good news Sweden’s Prime Minister ousted
Gah! Covering up the truth because it reflects badly on Islam and our FBI.
Not, at all, surprised by these horrid developments. Since when has government ever taken responsibility for its misdeeds particularly as it pertains to Islam and its terrorists?
I have to be careful what I say here and how I say it as the norm nowadays is guilty until proven innocent, thanks in part to rulings such as this. There is NO reason the US govt. would deny consent to file a suit in this case. Very chikenshit ruling ion you ask me. Out of caution ini going further I must honestly say that I am not surprised by this and I expect more of this to come. Eventually those involved as well as those protected by such injustice as this will ultimately have their day in court regardless.
More will come. You won’t be disappointed.
You see what is going on here.
I am less convinced we will see justice served………..
.
When I look at the illegal crap going on with Trump and Mueller ….corruption isn’t a strong enough word.
Even more disturbing is Mueller blocking discovery on evidence and consulting Roberts on the Supreme Court to insure the defense can’t see it. Now how does one defend themselves when they can’t see the evidence the prosecutor has to defend their client? The excuse is the “evidence” is part of another (fake) Mueller investigation. It used to be they couldn’t release stuff to protect “sources and methods”. That was proven to be a lie because when unredacted they saw it was embarrassing for the FBI and others. Now you can’t see it because they are not willing to expose themselves and the other tactic is not working. They totally ignore requests for documents.
It should be obvious after Obamacare that Roberts is a corrupt Supreme court judge and even has negative public remarks to Trump. When have you ever seen a Supreme Court Justice insult a President? They normally have no comment on issues. I think the left has something on Mueller. Maybe it’s his kids he “adopted” from Ireland even though they don’t allow foreign adoption… or is he bisexual? Something is not right there. Obamacare should never have been Constitutional.
Excellent post … what really annoys me …
Is the Selectivity of the Demokkkratic-Nasties …
Had this been an illegal rapist-murderer demanding that the Border Patrol or ICE bend over backwards and screw themselves in discovery … the court would waive Sovereign Immunity faster than my smart phone could share the decision on social media …
One word, Obamanism.
If the government wasn’t corrupt, there would have been no reason to sue. If Pamela didn’t have a well honed sense of humor, the corrupt government would not have been provoking and aiding in attempted murder.
Validate your 2nd Amendment Rights>====> Carry !