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Case number 22-8521, being read, Larry Klement.

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Mr. Klement for the respondent.

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Mr. Klement, good morning.

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Morning.

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May it please the court, Judge Henderson, Judge Wilkins, and Judge Walker.

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This is a very important case.

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It involves me, but it really involves everyone.

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It involves issues of whether or not an individual can get a fair hearing.

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This case is 13 years old.

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It began in 2010.

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Florida, Pennsylvania dismissed identical complaints filed by Ms.

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Elham Satake 13 years ago.

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The case sat at the DC bar, Disciplinary Council, for seven years.

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Ms.

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Satake, under the policies of the Office of Disciplinary Council, abandoned the complaint.

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That's in her brief.

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Seven years later, it was resurrected when there was a new disciplinary council by the name of Hamilton Fox.

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The previous disciplinary council, Dean Schiff, was a very fair and honest man.

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During the reign of Mr. Fox, various conservatives and Republican lawyers have been subject to bar complaints.

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It's become kind of a jihad in a way.

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Kellyanne Conway, former Attorney General Bill Barr, all four presidents of the D.C.

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Barr, brought a complaint against him because he simply dismissed the indictment of Michael Flynn.

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Rudy Giuliani, John Eastman, Senator Ted Cruz, Josh Foley, and on the other hand, Kevin Kleinsmith, who got wrapped up in the Russian collusion investigation, who was convicted of perjury, had a slap on the wrist.

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There's something wrong there.

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There's something not right.

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At the hearing committee, there were a very partisan committee.

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An individual by the name of Michael Tiger, who had been fired by Justice Brandon for his ties to Fidel Castro, sat on that committee.

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He recently wrote a book, Mythologies of What's Wrong with Capitalist Law, just paraphrasing, endorsed by Angela Davis, Bernadine Dorn.

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And Anthony Fitch, the hearing chair, was very deferential to him, very much of the same political persuasion.

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Importantly, there is no clear and convincing evidence that I committed any ethics violations.

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I submitted seven material witnesses, including the union president, Tim Shamblin, who worked with me every step of the way to try to help Ms.

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Satake.

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She had claimed sexual harassment and workplace retaliation at the Voice of America.

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I had Gloria Allred, who happens to be a friend of mine, but also I took Ms.

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Satake to her when it was determined that she should get other counsel.

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She didn't want Ms.

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Allred.

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I took her to another one and didn't want that lawyer either.

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Former Judge Stanley Sporkin, who I remember testified on my behalf, said that my case strategy was sound.

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He attested to my character.

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I've been in front of him for many, many years.

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May his soul rest in peace.

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He showed up at the hearing in a wheelchair with his family.

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That's how much he felt about coming to testify on my behalf.

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Mr. Taki was coached.

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She was told to say that I never got authorization to publicize her case.

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Mr. Schambl testified that that's the way you can try to coax a settlement with Voice of America, which has the reputation of being the worst agency in government in terms of employee relations.

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But importantly, after the hearing committee and during the briefing process before the board, and I might add the board was chaired

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by Matt Kaiser.

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Matt Kaiser, who has now filed cases against Donald Trump and who wrote for Above the Law, extolling the virtues of Hillary Clinton and disparaging Trump, is a partisan as well.

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He was the board chairman.

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I asked to open a record to look at that document because Mr. Taki had given a video interview in Persian TV in Los Angeles, revealing all of the information she claims that I should not have revealed to try to coax the settlement.

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And in fact, she went up the Capitol Hill with Tim Shambel.

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Your Honor, we were forced to file a Rule 60 complaint in the Superior Court.

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That complaint is going through its process now.

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Help me understand.

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The rules of civil procedure in Superior Court are pretty much identical to the federal rules of civil procedure.

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Correct.

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So could, if you were

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If your bar application was either revoked or denied by the U.S.

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Supreme Court, you sought to become a member of the U.S.

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Supreme Court bar, you believe you could file an action under Rule 60 in the U.S.

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District Court to have the District Court judge set aside the order of the Supreme Court denying you admission to the Supreme Court bar?

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That is not the issue here.

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I'm asking you a question.

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Would that be a plausible lawsuit?

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Yes, it would be.

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Do you think Rule 60 would give a U.S.

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District Judge the authority to set aside an order of the U.S.

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Supreme Court?

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If that order was based on fraud, yes, then we're saying there was fraud here.

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That's the theory of your superior court lawsuit under Rule 60, right?

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The reason your question, in all due respect, is out of context.

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is because the judgment here was of the Court of Appeals for the District of Columbia.

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can be set aside by the Superior Court of the District of Columbia, which is inferior to the D.C.

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Court of Appeals.

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Yes, it then can be appealed back, but that's not the point.

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An inferior court can set aside a judgment of the Superior Court.

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If it's based on fraud, okay, if in fact an individual comes in like Ms.

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Cotton did.

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Can you cite me an instance in the history of litigation where that's ever happened?

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Your Honor, I'm glad that you're asking these questions.

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I will file a supplemental brief.

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I've been asking for the court to consider this.

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No, I'm not asking for a supplemental brief.

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You haven't been given leave to do that.

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You have your opportunity now.

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I haven't been given leave for anything.

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I agree.

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I haven't.

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And, you know, please.

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You've got your time right now.

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Tell me when that's going to happen.

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I've only got 10 minutes because I asked for 20 minutes.

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But let me get to the point here, Your Honor, if I may.

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Regardless of that.

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Regardless of that.

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These documents were not considered.

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I was denied due process.

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That video was not considered.

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People died in the intervening 13 years.

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Rotunda, Professor Rotunda, who was going to testify on my behalf, an expert.

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Arlene Aviera, the psychologist who treated Ms.

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Sataki, who I took her to because she was in emotional distress.

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These people died.

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Documents were lost.

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Florida and Pennsylvania dismissed the case.

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You can sit there and be upset at me, but I'm entitled to defend myself and I've asked repeatedly.

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I asked you to review the record.

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That's something that you can do.

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You said you wouldn't even do that.

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I wanted to give you a flash drive and I gave you a hard copy.

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Oh, we don't want to look at that.

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I asked for a stay, a simple stay so we can sort through these issues.

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No, that was refused as well.

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I asked for more than 10 minutes because there's nobody on the other side.

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I couldn't even get more than 10 minutes.

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Then I was forced to file a complaint in the Superior Court just to try to get you to look at the record.

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Get you to look at the record.

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You're defendants in this case.

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You can't sit on this case against me.

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I didn't file that for the purpose of trying to disqualify you.

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I filed it for the purpose to get you to look at the record.

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And you wouldn't do that.

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And now you're sitting here on this court.

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You're sitting here on this court and you have a conflict of interest.

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Mr. Klayman, we look at whatever you file.

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You are subject to the rules just like everybody else.

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If you want to file an appendix, take the appropriate parts of the record and put it in an appendix and we'll review it.

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Why should you be above the rules?

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I'm not, and that's exactly what we did.

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Your clerk told me to move to leave to put the testimony in the record.

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You had an opportunity to file an appendix and you did.

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Then you wanted to supplement the appendix and we didn't grant you leave.

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There's no harm in that.

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Just like we don't grant lots of people leave to file everything they want.

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You know, I would expect, Your Honor, because you represent not just me, but the American people.

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You take an oath of office that you're not to rule based on personality or person, but on the basis of the facts and the law.

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There was no prejudice to grant that and not to grant that.

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And in all of these orders that you've issued, there's no explanation.

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There's no reasoning.

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It's just banned.

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And I suggest that a lot of this has to do with the fact that I've been critical of certain members of this court.

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And I had written a book.

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In fact, I'd like to leave you a copy.

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I hope you read it, and I hope you take it to heart.

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It takes a counterrevolution to wake up America, where I talk about some of the members of this court who have not lived to the judicial code of conduct, which isn't great debate today, I might add.

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This, Your Honor, is a situation which many people have described.

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I supported Donald Trump.

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I don't like what's going on with the January 6th defendants here, the peaceful ones, some of whom I represent in class actions.

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I've been critical.

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And I believe that a lot of what's been going on here with the three of you, in all due respect, is retaliation.

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I can't even get a fair hearing from you.

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I've been a member of this bar for many, many years, since 1980.

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And this is a situation today which has even been described by Alan Dershowitz as McCarthyism with regard to people that supported Donald Trump.

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Let's take the law license away.

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Let's not let them practice law.

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Let's remove them.

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Well, I'm standing up here as a matter of principle.

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Frankly, to file cases in this court anymore, I would try to find another court where I had jurisdiction in standing.

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But I'm here as a matter of principle, because today it's Larry Klain, tomorrow it's somebody else.

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And you've got a situation here where even the former Attorney General, Bill Barr, all four presidents of the DC bar,

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and an assistant bar council filed a complaint against him simply because he decided to dismiss the complaint against the criminal indictment against Michael Flynn.

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This city has become toxic.

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The city has become, in fact, weaponized, particularly against conservative and republican lawyers.

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And all I'm asking for you to do is to read the record

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Read the testimony of Tim Chambl.

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Read the seven witnesses.

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Ms.

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Satake was impeached on a number of occasions.

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The Office of Civil Rights, where I filed a claim for her, said that she had not told the truth about the sexual harassment and about the workplace retaliation.

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She testified in front of this court that she wanted to go to Los Angeles because she was going to commit suicide if she didn't because of what happened.

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Your time is up, Mr. Klayman.

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Could you wrap up?

[00:12:23] Speaker 01:
Thanks.

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Well, Your Honor, I just ask you to read the record, that's all, please, and I'm asking you not just for me, but for what this court stands for, integrity.

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Not retaliation.

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And here's my book, and I'd like to give you a copy of my approach to the bench.

[00:12:38] Speaker 00:
No, you may not.

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OK.

[00:12:40] Speaker 01:
We'll make it online.

[00:12:41] Speaker 01:
Thank you.