Posted November 8th

Wheeler’s complaint against Butowsky lack any basis in fact and law. Doug Wigdor and his associates at Wigdor Law brought the lawsuit anyway, knowing that its investigation was lacking and non of the allegations in the compaint were either legally or factually true. Wigdor and his associates participated in a recent news story stating that he injects irrelevant information into his cases for the purposes of harassing and embarrassing defendants. For this reason and others listed in this recently filed brief Butowsky motion for Rule 11 sanctions should be granted in its entirety.

Ed Butowsky Files Brief
Click here to read Ed’s awesome rebuttal

 

Here is an amazing rebuttal from Butowsky against Wigdor and his bogus lawsuit.

 

 

 

Latest Rod Wheeler Audio:

Listen to Rod Wheeler discuss the Seth Rich investigation
Listen to Rod Wheeler express wanting President Trump to hire him

 


In an effort to debunk the narrative from Rod Wheeler and his lawyer Doug Wigdor, Butowsky filed this Rule 11 memorandum which is only submitted in the most egregious situations. This memorandum lays out precisely what happened and completely destroys the story line that the press jumped all over. Butowsky had to do this because the media put no effort forth in exposing the real truth. Instead, the media wrote their stories about a lawsuit that only Disney would believe. The lawsuit that was filed by these two men was simply an attempt to extort money from Fox News. From what i have read, no one could understand why Butowsky was even named in this defamation case simply because he never said nor wrote anything. Even more so, as you read you will see that Rod Wheeler actually wrote and said the words he said he never said. It’s that bizarre. Butowsky, as stated in this well written rule 11 memorandum, never met the President nor had any communication directly or indirectly with the President. All Butowsky did was exactly what he has been stating all along, which was help Mr. and Mrs. Rich pay a bill for a private investigator to try and find out who killed their son, Seth Rich.

Ed Butowsky Files rule 11 memorandum
Click here to read the Memorandum

 

Ed Butowsky submitted this memorandum and its exhibits to destroy this story.

 

 

Below is the Rule 11 Memorandum of Law and Exhibits filed. You can click on each of them to review and read through.

  1. Attached hereto as Exhibit 1 is a true and correct copy of a letter from David Harrison, counsel for Butowsky, to Douglas Wigdor, counsel for Plaintiff Rod Wheeler (“Wheeler”), dated June 27, 2017 with the subject “Draft Complaint by Rod Wheeler.”
  2. Attached hereto as Exhibit 2 is a true and correct copy of a New York Times article dated August 8, 2017 titled “Fox Is Said to Have Declined to Settle Suits for $60 Million.”
  3. Attached hereto as Exhibit 3 is a true and correct copy of Advertising Age article dated November 14, 2007 titled “Rod Wheeler Sure Knows the Difference Between Hispanics and Chinese.”
  4. Attached hereto as Exhibit 4 is a true and correct copy of New York Times article dated July 16, 2007 titled “Gay Gun Advocates Draw Bead on O’Reilly.”
  5. Attached hereto as Exhibit 5 is a true and correct copy of National Enquirer article dated March 28, 2007 titled “Bombshell Breakthrough in Chandra Levy Murder Cops Probe Link To D.C. Madam’s ‘Little Black Book’.”
  6. Attached hereto as Exhibit 6 is a true and correct copy of a screenshot of text messages between Defendant Malia Zimmerman (“Zimmerman”) and Wheeler dated March 15, 2017.
  7. Attached hereto as Exhibit 7 is a true and correct copy of a screenshot of text messages between Zimmerman and Wheeler dated March 30, 2017.
  8. Attached hereto as Exhibit 8 is a true and correct copy of a screenshot of text messages between Zimmerman and Wheeler, to the best of my knowledge, exchanged on or around April 9, 2017.
  9. Attached hereto as Exhibit 9 is a true and correct copy of a screenshot of text messages between Butowsky and Wheeler dated March 1, 2017.
  10. Attached hereto as Exhibit 10 is a true and correct copy of a report made on April 25, 2017 by Wheeler detailing his meeting with Det. Della-Camera of the Metropolitan Police Department.
  11. Attached hereto as Exhibit 11 is a true and correct copy of a screenshot of text messages between Zimmerman and Wheeler dated May 15, 2017.
  12. Attached hereto as Exhibit 12 is a true and correct copy of an email from Zimmerman to Wheeler and Butowsky dated May 15, 2017 at 1:20pm with the subject “small changes included – current draft.”
  13. Attached hereto as Exhibit 13 is a true and correct copy of an email from Zimmerman to Wheeler and Butowsky dated May 15, 2017 at 3:59pm with the subject “please read carefully.”
  14. Attached hereto as Exhibit 14 is a true and correct copy of a screenshot of text messages between Zimmerman, Wheeler, and Butowsky dated May 15, 2017.
  15. Attached hereto as Exhibit 15 is a true and correct copy of an email from Zimmerman to Wheeler and Butowsky dated May 15, 2017 at 4:47pm with the subject “draft turned in.”
  16. Attached hereto as Exhibit 16 is a true and correct copy of a Fox 5 DC new article dated May 17, 2017 titled “Family’s private investigator: There is evidence Seth Rich had contact with Wikileaks prior to death.”
  17. Attached hereto as Exhibit 17 (part 1 and part 2) is a true and correct copy of a screenshot of text messages between Zimmerman and Wheeler dated May 15, 2017.
  18. Attached hereto as Exhibit 18 is a true and correct copy of Rod Wheeler’s May 22, 2017 Statement Regarding the Seth Rich Investigation published on Fetch Your News website, available at https://fannin.fetchyournews.com/2017/05/22/detective-rod-wheeler-releasesstatement-concerning-the-death-of-dnc-staffer-seth-rich/
  19. Attached hereto as Exhibit 19 is a true and correct copy of a press release dated May 3, 2017 titled “Wigdor Advises Ofcom Regarding Multiple Claims Against Fox News,” available at https://www.wigdorlaw.com/wigdor-ofcom-19-fox-news-employees/
  20. Attached hereto as Exhibit 20 is a true and correct copy of Thewrap.com article dated August 7, 2017 titled “Attorney Tries to Stop 21st Century Fox’s Bid to Takeover Sky News,” available at http://www.thewrap.com/attorney-21-century-fox-bid-to-takeover-sky-news/

Dated: September 19, 2017


Timeline Information Leading to Fox News Article Release:

You will find a lot of media following Rod Wheeler and the case surrounding Seth Rich’s murder. Fox News (FoxNews.com) retracted a story about Seth Rich’s murder by Melia Zimmerman published May 16th, 2017, because Rod Wheeler claimed he never said these two quotes used in the article. When in fact Rod Wheeler confirmed them over 5 times in emails and over the phone.

Rod Wheeler says he never said these two quotes… But he did & This is the timeline of events that occured!!

The following all took place the day before the story was published, Monday, May 15, 2017, and shows that Rod Wheeler possessed and approved the quotes contained in the article published by Malia Zimmerman and Fox News:

Rod text msg i know who is blocking

Click on any of the pictures above to see a larger version

1:20 PM: Malia Zimmerman sent Rod Wheeler an email with a draft of the article in the body of the email with the subject “small changes included – current draft.” The draft contained the two precise quotes Rod Wheeler claims were wrongfully attributed to him:

“My investigation up to this point shows there was some degree of email exchange between Seth Rich and Wikileaks,” said Wheeler, who is also a Fox News contributor.

“My investigation shows someone within the DC government, Democratic National Committee or Clinton team, is blocking the murder investigation from going forward,” Wheeler said. “That is unfortunately (sic). Seth Rich’s murder is unsolved as a result of that.”

DRAFT: Click anywhere on the content below to read the full draft

2:16 PM (approx.): Rod Wheeler sent Malia Zimmerman a series of “blurbs” concerning DNC’s interest in the investigation to potentially be incorporated into quotes for the story. Zimmerman responded “Ok this is great. Can I use as quotes too?” Later she wrote: “Thanks Rod. Got it.”

Rod text msg about articleRod text message about Fox article Rod text message about Fox Article

Click on any of the pictures above to see a larger version

3:59 PM: Malia Zimmerman sent Rod Wheeler a copy of the article again, stating in the subject line “please read carefully.” The draft contained both of the precise quotes that Rod Wheeler now claims were wrongfully attributed to him.

DRAFT: Click anywhere on the content below to read the full draft

3:59 PM: Malia Zimmerman sent Rod Wheeler a text message, stating, “Can you read the story now. Get back to me as soon as you can so I can turn it in. Thanks!” Wheeler responded, “Reading it now. Malia you can add that I do strongly believe that the answers to who murdered Seth sits on his computer on a shelf at the D. C. Police or FBI headquarters.” Zimmerman wrote, “Ok I’ll add it.”

Rod text message about Fox Article

Click on the picture above to see a larger version

4:47 PM: Malia Zimmerman sent Wheeler an email containing the final draft of the article, in the body of the email, with the subject “draft turned in.” The final draft quotes read:

“My investigation up to this point shows there was some degree of email exchange between Seth Rich and Wikileaks,” said Wheeler, who was hired to investigate Rich’s murder. “I do believe that the answers to who murdered Seth Rich sits on his computer on a shelf at the DC police or FBI headquarters.”

“My investigation shows someone within the DC government, Democratic National Committee or Clinton team, is blocking the murder investigation from going forward,” Wheeler said. “That is unfortunately (sic). Seth Rich’s murder is unsolved as a result of that.”

DRAFT: Click anywhere on the content below to read the full draft

These exchanges show that Wheeler received three emails from Malia Zimmerman seeking his review and confirmation of the quotes he is now challenging, he responded to Malia’s requests for confirmation, and his only proposed change was to add language to one of the quotes (which Malia added verbatim). That’s the entirety of his lawsuit – there’s no substance. He’s using these baseless claims to tell a sensational story.


To read the full story by Marina Marraco from DC Fox 5 click on the link below:
Family’s private investigator: There is evidence Seth Rich had contact with WikiLeaks prior to death


First quote Rod Wheeler is refuting he never said:

My investigation up to this point shows there was some degree of email exchange between Seth Rich and WikiLeaks.  I do believe that the answers to who murdered Seth Rich sits on his computer on a shelf at the DC police or FBI headquarters.

Here is irrefutable proof that proves the information in the the Fox News (FoxNews.com) article about the first quote is correct:


Second quote Rod Wheeler is refuting he never said:

My investigation shows someone within the D.C. government, Democratic National Committee or Clinton team is blocking the murder investigation from going forward.  That is unfortunate. Seth Rich’s murder is unsolved as a result of that.

This is audio of Rod Wheeler leaving a voice mail for Joey Dellacamera on March 15, 2017 to call him.


Below you will see the unedited undoctored notes Rod Wheeler took during his meeting with Joey DellaCamera. Please make your own assessment, but it is quite obvious the second quote Rod Wheeler is refuting came from this interview.

Rod Wheeler wrote this email and attached the notes from his meeting with Joey Dellacamera:

From: Rod Wheeler
Subject: DellaCamera Interview

April 25, 2017 (9:00am, EDT) (Rod Wheeler reporting)

Met with Det. DellaCamera of the Metropolitan Police Department, at my office in Oxon Hill, MD. Det. DellaCamera shared the following information:

He is the lead Homicide detective on the investigation surrounding the murder of Seth Rich. He stated that the investigation is somewhat stalled, as he has no suspects or persons of interest in the case. Further, upon being asked specifically about what the working theories are surrounding the death, he said he “still believes” Seth’s death was the result of a “robbery gone bad.” He believes that the suspect (s) may have attempted to rob Seth, and was met with resistance from Seth, and thus decided to shoot and kill him. He further believes the assailants are from the LeDroit Park section of Northwest Washington DC because that is the direction that an eyewitness observed two males running towards, the night of the incident.

DellaCamera stated that he (police investigators) have exhausted their search for any additional video surveillance footage that may be out there. He indicated that he has checked with several persons who may have had video footage along the route in which Seth walked the night of the incident, but to date, he has been unable to find any additional video. DellaCamera stated that he has check the local McDonald’s restaurant in the area as well as other surrounding businesses but have been unable to find any additional video. Lastly, with regards to video, DellaCamera states that there was some video surveillance footage that came from a small convenience store on Flagler Street, but the video quality is extremely bad and there is nothing on the video that anyone could see that could assist with the investigation. Further he states that on the video, you could see the bottom half of two individuals walking across the street on Flagler Street and then moments later you see Seth Rich fall into the video view in the crosswalk on the street in front of the convenient store. DellaCamera said he has a witness that observed two people running in the immediate area the night of the incident, however, they did not see the actual shooting incident.

At this point, DellaCamera voluntarily stated that the whole “conspiracy” story really “threw things off with the investigation.” He heard that Seth was an email leaker; however, he states, “I’ve got nothing to say or to show that the shooting was related to emails or anything other than a street robbery.”

When asked specifically was there any information located on any of Seth’s computers that would indicate that he did in fact send emails to WikiLeaks, DellaCamera replied, “there is certain information that I can’t provide regarding the case itself, and I hope you understand, like I said, I can’t reveal detailed information about the case itself.” “I have strict, strict rules by my bosses, because of what this case is, that says don’t provide information out, other than what is already publicly out there. I just can’t go into detail with what I know.” At this time DellaCamera was asked is it a possibility that emails were found on Seth’s computer related to the DNC and this could be a motivation for his being killed? DellaCamera replied, “anything’s possible; I can’t say one way or the other…..”

DellaCamera was then asked, “was the FBI involved, at all in the case?” He replied, “I don’t know; I mean, I never was contacted by the FBI at all.” As far as I know, they (FBI) never provided me with information.” I would hope I would know if they were involved, but I don’t have any knowledge of them being involved.”

At this time, DellaCamera stated, “I know you’re a private investigator, and whatever information is revealed, I just hope it doesn’t go towards the media side of this.” “I’ve tried to contact Jack Burkeman and Julianna Assuage several times, but I haven’t been successful. I just want to ask them what they know and if they can help me with the investigation.” “I think Burkeman is blowing smoke…with his knowledge of what happened.” I even heard he has now created a website surrounding the murder.”

DellaCamera was told that the family were told by me (Wheeler) that regardless of whatever direction the investigation goes, we need to solve the murder, identify the bad guy and get him off the street. So, in keeping with that spirit, I need to “rule out” the possibility that Seth’s death could have been related to his job at the DNC. I (wheeler) haven’t been able to rule out that someone from the DNC could have been responsible for Seth’s death. DellaCamera was asked, “were you aware that Seth was having problems with two supervisors at his job (DNC) and he was very emotionally upset because of his problems at the DNC? DellaCamera replied, “I was aware that there were problems, but I don’t know who the supervisors were that he was having problems with.” Next, DellaCamera was asked if he was aware that Seth received money from WikiLeaks in exchange for the emails? Did you look into his (Seth’s) financial records? DellaCamera replied, “again, I can’t go into details with specifics about the case such as that…I really can’t. Nothing against you, Rod but I’m just not trying to get myself jammed up.” DellaCamera was asked, “so the higher-ups in the department are very aware of this case?” He replied, “Oh yeah, for sure.”

I asked once again about the email records. I informed DellaCamera that we need to “disprove” the theory that Seth was killed because of this job at the DNC. DellaCamera stated, “honestly, put it this way, if Seth worked anywhere else other than the DNC, nobody would give a shit about his death. The only reason there is such interest is because of where he worked.” DellaCamera was asked, “so why is that?” He replied, “again, it goes back to the DNC…a political organization and it all started stemming from around the time of the election..and it sounds like someone was trying to ruffle feathers…I mean that’s what I think.”

Wheeler asked DellaCamera, “but Seth’s death could have been a hit, ordered by the DNC, right?

He replied, “um, me personally, I don’t think it was a hit because he wasn’t shot in the head. If you’re going to kill somebody, you’re going to make sure that they die…Seth didn’t die right away…he lived for a while and died at the hospital.” Wheeler asked, “and he never made any statements as to who could have shot him?” DellaCamera replied, “I can’t go into detail about that (sniff)….um, I just can’t Rod.” Next, Wheeler asked, “so it is possible that he could have said something in terms of who did it (shot him). DellaCamera hesitated, and said, “um…it’s possible: anything is possible…..” “I mean, what I’m getting at with it being a hit, I mean, if you want somebody dead where is the one place you’re going to shoot them…in the head right. You want to make sure they’re dead…not shoot them in some other part of the body where you don’t know if they’re dead or not…you don’t know if they’re going live to give information out, and you might get yourself caught up..so, that’s why everybody got their theories. I got mine.”

DellaCamera was asked, “here’s a fair question, can we rule it out that Seth’s death is definitely not related to the job?” He replied, “not, not to an extent..not just yet…we can’t rule anything out….” “I feel that if its related to the DNC, at some point, it may come out.” “If somebody gets locked up, and they’re like, I’m taking the heat for this, and their approached about somebody else, I feel like somebody’s going to start snitching then.”

Wheeler said to DellaCamera, “ I know that some of the news outlets are about to jump out there with more information from wherever they get it from, and a question will be posed to me, can we rule out that Seth’s death had anything to do with his job at the DNC. And I think the answer is going to have to be, and please tell me if I’m wrong, no, we can’t rule that out because we don’t have a suspect behind bars; we don’t have a person of interest. So, we can’t rule out anything at this point. Then the question is going to be asked is it possible that Seth’s death was in fact orchestrated from someone of or related to his job.

Wheeler looked directly at DellaCamera and asked, “the answer?” After a long sigh and brief laughter, DellaCamera stated, “You’ve been looking into this yourself, and, and, you have investigative experience, and like we said, anything is possible right. Until we get somebody locked up, we just don’t know. Anything’s possible.” “Look, look Rod, please, please do not quote me on anything…..I don’t need that shit coming back on me..if I’m quoted, I will probably be reassigned to CCB somewhere…..moving property around. There’s certain details of the case that we just can’t renewal to anybody, just for the integrity of the case. But, do what you got to do for your business and the news story, but please don’t, don’t throw me under the bus Rod.”

Once again, Wheeler asked, has the investigation shown that Seth received any money from anyone such as WikiLeaks during that time period. DellaCamera stated, “I don’t know. I need to go back and look at his financial records. I didn’t notice anything back then when I looked, but it’s been a while. And if he (Seth) did receive any money, who knows where he put it at…especially if he did receive money. Maybe he stashed it somewhere else..and we just don’t know.”

Then Wheeler asked, “did your review of Seth’s computer reveal that any emails went out to WikiLeaks?” DellaCamera replied, (after a long pause), well, well…there’s stuff on there that, it’s its, emails are sent everyday….um…the context of the emails I can’t get into the details, um, again, I don’t have anything pointing the finger at the DNC other than the conspiracy theories. Nobody has come to me with direct information and provided detailed information about the DNC being involved somehow.



This was found on the net. After listening to this there will be little doubt that there is a coverup. The name of the persons voice is redacted.



Here is another piece of extended audio I found. In this audio Rod is walking through the timeline of events that occurred.