EXHIBIT “B”

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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE No. 22-14102-CV-MIDDLEBROOKS

DONALD J. TRUMP, 

 

Plaintiff, 

v. 

 

HILLARY R. CLINTON, et al., 

 

Defendants. 

_________________________________________/

ORDER ON SANCTIONS

This case should never have been brought. Its inadequacy as a legal claim was evident 

from the start. No reasonable lawyer would have filed it. Intended for a political purpose, none 

of the counts of the amended complaint stated a cognizable legal claim.

Thirty-one individuals and entities were needlessly harmed in order to dishonestly advance 

a political narrative. A continuing pattern of misuse of the courts by Mr. Trump and his lawyers 

undermines the rule of law, portrays judges as partisans, and diverts resources from those who 

have suffered actual legal harm.

I previously granted Defendant Charles Dolan’s motion for sanctions, brought pursuant to 

Federal Rule of Civil Procedure 11. (DE 284). Now before me is a motion seeking sanctions

brought by eighteen other Defendants. Upon consideration of the Motion (DE 280), Response 

(DE 285) and Reply (DE 287), for the reasons that follow and also for those stated in my previous 

Order, sanctions are awarded.

I. BACKGROUND

Plaintiff initiated this lawsuit on March 24, 2022, alleging that “the Defendants, blinded by 

political ambition, orchestrated a malicious conspiracy to disseminate patently false and injurious 

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information about Donald J. Trump and his campaign, all in the hope of destroying his life, his 

political career, and rigging the 2016 Presidential Election in favor of Hillary Clinton.” (DE 1 ¶ 9). 

The next day, Alina Habba, Mr. Trump’s lead counsel told Fox News’ Sean Hannity: 

You can’t make this up. You literally cannot make a story like this 

up . . . and President Trump is just not going to take it anymore. If 

you are going to make up lies, if you are going to try to take him 

down, he is going to fight you back. And that is what this is, this is 

the beginning of all that.1

 She then explained on Newsmax: 

What the real goal [of the suit] is, is democracy, is continuing to 

make sure that our elections, continuing to make sure our justice 

system is not obstructed by political enemies. That cannot happen. 

And that’s exactly what happened. They obstructed justice. They 

continued the false narrative . . . This grand scheme, that you could 

not make up, to take down an opponent. That is un-American.2

On April 20, 2022, less than a month after the Complaint was filed, Hillary Clinton moved 

for dismissal with prejudice. Her motion identified substantial and fundamental factual and legal 

flaws. Each of the other Defendants followed suit, pointing to specific problems with the claims 

against them. The problems in the Complaint were obvious from the start. They were identified 

by the Defendants not once but twice, and Mr. Trump persisted anyway. 

Despite this briefing and the promise “to cure any deficiencies,” Plaintiff’s counsel filed 

the Amended Complaint on June 21, 2022. (DE 177). The Amended Complaint failed to cure any 

of the defects. See DE 267, Order of Dismissal (September 8, 2022). Instead, Plaintiff added 

eighty new pages of largely irrelevant allegations that did nothing to salvage the legal sufficiency 

1 Fox News, Trump Sues Clinton, Steele for ‘False Narrative’ About Russian Collusion (March 

25, 2022), https://www.foxnews.com/video/6301845469001. 

2 Newsmax, Trump Suing Hillary Clinton Over Russia Hoax, Habba Madaio & Associates LLP – 

News (March 31, 2022), https://habbalaw.com/news/trump-suing-hillary-clinton-over-russiahoax. 

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of his claims. (DE 267 at 64). The Amended Complaint is 193 pages in length, with 819 numbered 

paragraphs, and contains 14 counts, names 31 defendants, 10 John Does described as fictitious and 

unknown persons, and 10 ABC Corporations identified as fictitious and unknown entities. 

On July 14, 2022, the United States moved pursuant to the Westfall Act, 28 U.S.C. § 2679 

(d)(i), to substitute itself as Defendant for James Comey, Andrew McCabe, Peter Strzok, Lisa 

Page, and Kevin Clinesmith. (DE 224). On July 21, 2022, I granted the motion to substitute. (DE 

234). 

On September 8, 2022, I dismissed the case with prejudice as to all Defendants except for 

the United States.

3

 I issued a detailed and lengthy Order, which I incorporate by reference here. 

(DE 267). I found that fatal substantive defects which had been clearly laid out in the first round 

of briefing, precluded the Plaintiff from proceeding under any of the theories presented. I found 

that the Amended Complaint was a quintessential shotgun pleading, that its claims were foreclosed 

by existing precedent, and its factual allegations were undermined and contradicted by the public 

reports and filings upon which it purported to rely. I reserved jurisdiction to adjudicate issues 

pertaining to sanctions. 

Undeterred by my Order and two rounds of briefing by multiple defendants, Ms. Habba 

continued to advance Plaintiff’s claims. In a September 10, 2022, interview with Sean Hannity, 

the host asked her “Why isn’t [Hillary Clinton] being held accountable for what she did?” Ms. 

Habba’s response reiterated misrepresentations on which this lawsuit was based:

Because when you have a Clinton judge as we did here, Judge 

Middlebrooks who I had asked to recuse himself but insisted that he 

didn’t need to, he was going to be impartial, and then proceeds to 

write a 65-page scathing order where he basically ignored every 

factual basis which was backed up by indictments, by investigations, 

3 The United States’ Motion to Dismiss under Federal Rule 12(b)(i) was granted and the Amended 

Complaint as to it was dismissed without prejudice.

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the Mueller report, et cetera, et cetera, et cetera, not to mention 

Durham, and all the testimony we heard there, we get dismissed. 

Not only do we get dismissed, he says that this is not the proper 

place for recourse for Donald Trump. He has no legal ramifications. 

Where what [sic] is the proper place for him? Because the FBI 

won’t help when you can do anything, obstruct justice, blatantly lie 

to the FBI, Sussmann’s out, he gets acquitted, where do you go? 

That’s the concern for me, where do you get that -- that recourse?4

She also indicated that, while Mr. Trump doubted the suit would succeed, she nevertheless 

“fought” to pursue it: 

You know, I have to share with you a story, Sean, that I have not 

shared with anybody. The recourse that I have at this point is 

obviously to appeal this to the 11th Circuit as Gregg said. But when 

I brought this case and we were assigned you know, this judge and 

we went through the recusal process, we lost five magistrates, 

including Reinhart [sic] who’s dealing with the boxes as we know. 

The former president looked at me and he told me, you know what 

Alina. You’re not going to win. You can’t win, just get rid of it, 

don’t do the case. And I said, no, we have to fight. It’s not right 

what happened. And you know, he was right, and it’s a sad day for 

me personally because I fought him on [it] and I should have 

listened, but I don’t want to lose hope in our system. I don’t. So, 

you know I’m deciding whether we’re going to appeal it.5

Defendants now move to recover attorneys’ fees and costs under Fed. R. Civ. P. 11, 28 

U.S.C. § 1927, the Defend Trade Secrets Act, and/or this Court’s inherent power. (DE 280 at 1). 

In Part II, I find that a sanction under this Court’s inherent power is appropriate. I do so by 

examining Plaintiff’s (and his lawyers’) conduct throughout this litigation. In Part III, I look to 

Plaintiff’s conduct in other cases. And in Part IV, I determine the reasonableness of Defendants’ 

attorneys’ fees and costs.

4

 Transcript from FOX: Hannity WLNR 28709447, Sept. 10, 2022. 

5 Id. 

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II. ANALYSIS OF LITIGATION CONDUCT IN THIS CASE

“‘[T]ampering with the administration of justice . . . involves far more than an injury to a 

single litigant. It is a wrong against the institutions set up to protect and safeguard the public.’”

Chambers v. NASCO, Inc., 501 U.S. 32, 44 (1991) (citation omitted). A court’s inherent power 

includes the ability to assess attorneys’ fees and costs against the client, the attorney or both when 

either has “acted in bad faith, vexatiously, wantonly, or for oppressive reasons.” Id. at 45-46.

The “inherent power of a court can be invoked even if procedural rules exist which sanction 

the same conduct.” Chambers, 501 U.S. at 46. “[I]f in the informed discretion of the Court, neither 

the statute nor the Rules are up to the task,” the Court may safely rely on its inherent power “to 

sanction bad faith conduct in the course of litigation.” Id. at 50; see also Peer v. Lewis, 606 F.3d 

1306, 1314 (11th Cir 2010).

“The key to unlocking a court’s inherent power is a finding of bad faith.” Barnes v. Dalton, 

158 F.3d 1212, 1214 (11th Cir. 1998) (citations omitted).

“The inherent-powers standard is a subjective bad faith standard.” Purchasing Power, LLC 

v. Bluestem Brands, Inc., 851 F.3d 1218, 1223 (11th Cir. 2017). However, absent direct evidence 

of subjective bad faith, this standard can also be met if an attorney’s conduct is “tantamount to bad 

faith,” meaning the “attorney’s conduct is so egregious that it could only be committed in bad 

faith.” Id. at 1224–25 (citing Roadway Exp., Inc. v. Piper, 447 U.S. 752, 767 (1980)). An 

attorney’s conduct is “tantamount to bad faith” if he “recklessly raises a frivolous argument.” Id.

at 1225 (quoting Barnes, 158 F.3d at 1214). “Recklessness alone does not satisfy the inherent 

powers standard,” but “recklessness plus a frivolous argument suffice.” Id. 

The inherent power “is both broader and narrower than other means of imposing 

sanctions.” Peer, 606 F.3d at 1314 (quoting Chambers, 501 U.S. at 46). It is broader in the sense 

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that while other sanction mechanisms only reach certain individuals or conduct, the inherent power 

extends to the full range of litigation abuses. Id. 

In my informed discretion, I find that Rule 11, 28 U.S.C. § 1927, and the Defend Trade 

Secrets Act are not “up to the task” of confronting the litigation abuse involved here. Rule 11 is 

backward looking, limited to pleading and motion abuse, and experience has shown it to be 

ineffective at deterrence. See Fed. R. Civ. P. 11, Advisory Committee Notes. Section 1927 “only 

applies to unnecessary filings after the lawsuit has begun.” Macort v. Prem Inc., 208 F. App’x 

781, 786 (11th Cir. 2006). And the Defend Trade Secrets Act may only provide limited relief. 

The purpose of the inherent power to sanction a party is to vindicate judicial authority without 

resorting to contempt of court and to make the non-violating party whole. See Chambers, 501 

U.S. at 45-46; see also Purchasing Power, LLC, 851 F.3d at 1223.

Here, we are confronted with a lawsuit that should never have been filed, which was 

completely frivolous, both factually and legally, and which was brought in bad faith for an 

improper purpose. Mr. Trump is a prolific and sophisticated litigant who is repeatedly using the 

courts to seek revenge on political adversaries. He is the mastermind of strategic abuse of the 

judicial process, and he cannot be seen as a litigant blindly following the advice of a lawyer. He

knew full well the impact of his actions. See Byrne, 261 F.3d at 1121. As such, I find that sanctions 

should be imposed upon Mr. Trump and his lead counsel, Ms. Habba. 

A. The Case Was Initiated By A Shotgun Pleading Designed To Serve A Political 

Purpose.

The deliberate use of a shotgun pleading is an abusive litigation tactic which amounts to 

obstruction of justice. See Davis v. Coca Cola Bottling Co. Consol., 516 F.3d 955, 982 n.66 (11th 

Cir. 2008), abrogated on other grounds by Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007). This 

case involved three categories of shotgun pleadings condemned by the Eleventh Circuit: (1) a 

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complaint containing multiple counts where each count adopts the allegations of all preceding 

counts, causing each successive count to carry all that came before and the last count to be a 

combination of the entire complaint; (2) a complaint that is replete with conclusory, vague, and 

immaterial facts not obviously connected to any particular cause of action; and (3) a complaint 

that asserts multiple claims against multiple defendants without specifying which of the defendants 

are responsible for which acts or omissions, or which of the defendants the claim is brought against. 

See Barmapov v. Amulal, 986 F.3d 1321, 1324 (11th Cir. 2021); Weiland v. Palm Beach Cnty. 

Sheriff’s Off., 792 F.3d 1313, 1320 (11th Cir. 2015).

I find that the pleadings here were abusive litigation tactics. The Complaint and Amended 

Complaint were drafted to advance a political narrative; not to address legal harm caused by any 

Defendant.

The 819 paragraphs of the 186-page Amended Complaint are filled with immaterial, 

conclusory facts not connected to any particular cause of action. Consider the incendiary charge 

that Mr. Comey, the Director of the FBI, conspired with Ms. Clinton to maliciously prosecute him.

Leaving aside the fact that Mr. Trump was never prosecuted, examine the allegations in the 

Amended Complaint pertaining to Mr. Comey. The first mention of Mr. Comey, other than 

identifying him as a party, was in paragraph 349: “Therefore, senior FBI officials Comey, McCabe, 

Page, Strzok, the DNC and Clinton orchestrated a plan to falsely accuse Flynn of colluding with 

Russia to protect the potential dissemination of the intimate details of their plot.” The next few 

paragraphs pertain to the FBI’s investigation of Michael Flynn, Mr. Trump’s former security 

advisor, who was subsequently fired for lying to the Vice President and the FBI. (¶ 383). The 

Amended Complaint alleges that Mr. Comey “scrambled to reopen” the investigation into Mr. 

Flynn (¶ 356), met with Mr. McCabe to discuss the investigation (¶ 359), and decided not to notify 

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the incoming Trump administration of the investigation of Flynn (¶¶ 360-63). Next, the Amended 

Complaint cites a letter from the Director of National Intelligence, John Ratcliff, to Senator 

Lindsey Graham:

Ratcliff’s letter stated that Clinton and her campaign conceived the 

false Russia collision [sic] story to protect Clinton’s presidential bid, 

which was at the time, in trouble because of revelations about her 

illegally using a private email server to handle classified 

information. Ratcliff confirmed in the letter that Obama, Comey 

and Strzok knew about it. 

 

(Amended Complaint at ¶ 369).6

The Amended Complaint continues with allegations about a meeting between Mr. Comey, 

President Obama, Vice President Biden, and Sally Yates (then a national security advisor) where 

President Obama directed Mr. Comey to investigate Mr. Flynn and not inform Mr. Trump. (Id. ¶¶

372-377). The Amended Complaint alleges that Mr. Flynn was interviewed by the FBI, and that 

subsequently Acting Attorney General Yates informed Mr. Trump’s White House Counsel Don 

McGahn that Mr. Flynn misled Vice President Pence and other administration officials about the 

nature of his conversations with the Russian Ambassador. (Id. ¶ 379). The Amended Complaint 

then concludes: “Ultimately, the Defendants, including Comey, McCabe, Strzok, and Page, were 

successful in causing Flynn to be ousted as National Security Advisor.” (Id. ¶ 384). 

The Amended Complaint then turns to the FBI’s Crossfire Hurricane investigation and four 

6 This provocative allegation stirred my curiosity, so I looked up the Ratcliff letter. The allegation 

in the Amended Complaint fails to mention that the information came from a Russian intelligence 

analysis and that Mr. Ratcliffe commented: “The IC (intelligence community) does not know the 

accuracy of this allegation or the extent to which the Russian intelligence analysis may reflect 

exaggeration or fabrication.” Letter from John Ratcliff, Dir. of Nat’l Intel., to Sen. Lindsey 

Graham, U.S. Senate (Sept. 29, 2020) 

https://www.judiciary.senate.gov/press/rep/releases/chairman-graham-releases-informationfrom-dni-ratcliffe-on-fbis-handling-of-crossfire-hurricane. Mr. Trump’s lawyers saw no 

professional impediment or irony in relying upon Russian intelligence as the good faith basis for 

their allegation.

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court-approved FISA applications targeting Carter Page. (Id. ¶¶ 385-90). The Amended 

Complaint alleges: 

The FISA applications were reviewed by numerous FBI agents, FBI 

attorneys, and National Security Division (NSD) attorneys and, as 

required by law, was ultimately certified by the FBI Director James 

Comey and approved by then Deputy Attorney General Sally Yates. 

(Id. ¶ 391).

From there, the Amended Complaint states: “In fact, no probable cause existed and there 

was no truth to any of the allegations against Carter Page, Donald J. Trump, or the Trump 

campaign.” (Id. ¶ 392).

The Amended Complaint then discusses the FISA warrant application and Mr. Comey’s 

approval of those warrants and alleges: “Mr. Comey was aware, or should have been aware, that 

there was no evidentiary basis for the FISA application, and that the Steele Dossier was not a 

credible source.” (Id. ¶¶ 292-407).

The next mention of Mr. Comey states that on May 8, 2017, he was fired from his position 

as Director of the FBI. The Amended Complaint then alleges that Mr. Comey “had documented 

several of his interactions with Mr. Trump in a series of memos,” and that after leaving the FBI,

Mr. Comey shared those memos with a friend who he directed to leak to a New York Times 

reporter. (Id. ¶¶ 449-52). 

The Amended Complaint continues: 

453. The outcome that Comey desired – per his own admission to 

Congress – was to “prompt” the appointment of a special counsel to 

investigate Donald J. Trump’s alleged conspiracy with the Russian 

government.

454. The IG’s report noted that Comey had “set a dangerous 

example” by “releas[ing] sensitive information” to “create public 

pressure for official action.”

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455. Comey was successful in getting the special master [sic]

appointed, due to his unlawful leaking of information, even though 

Comey didn’t have enough evidence to pursue it in his own official 

capacity.

456. In May 2017, Robert Mueller was appointed as Special 

Counsel to “oversee the previously-confirmed FBI investigation of 

Russian government efforts to influence the 2016 Presidential

Election and related matters.”7

 

This is what the Plaintiff’s lawyers considered to be the short and plain statement of the 

claim that Mr. Comey maliciously prosecuted Mr. Trump and conspired with Ms. Clinton to do 

so. These allegations, about investigating Mr. Flynn, signing FISA warrant applications pertaining 

to Mr. Page, or leaking information about his interactions with Mr. Trump, do not allege that Mr. 

Comey initiated an investigation of Mr. Trump, much less a prosecution. And the implausible 

claim that Mr. Comey conspired with Ms. Clinton, given the impact of his announcements on her 

2016 campaign, not only lacks substance but is categorically absurd. 

The Amended Complaint is a hodgepodge of disconnected, often immaterial events, 

followed by an implausible conclusion. This is a deliberate attempt to harass; to tell a story without 

regard to facts. 

In order to understand the scope of this abuse, multiply the above discussion by thirty-one 

defendants and their lawyers, forced to try to analyze and defend against the sprawling Complaints. 

7 In a footnote to paragraph 456, the Amended Complaint cites to the Justice Department 

announcement of the appointment of the Special Counsel. That statement by Deputy Attorney 

Rosenstein, also sued by Mr. Trump, reads in part as follows: “‘My decision is not a finding that 

crimes have been committed or that any prosecution is warranted. I have made no such 

determination. What I have determined is that based upon the unique circumstances, the public 

interest requires me to place this investigation under the authority of a person who exercises a 

degree of independence from the normal chain of command.’” See Press Release, Office of Public 

Affairs, Appointment of Special Counsel, U.S. Dep’t of Just., (May 17, 2017) 

https://www.justice.gov/opa/pr/appointment-special-counsel. 

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I sifted through the thread of allegations against each defendant only to find they added up to no 

cognizable claim. And the pleadings were drafted in a way to disguise that fact. 

In three instances the Eleventh Circuit has found shotgun pleadings, less problematic than 

the pleadings here, as a basis for sanctions. See Jackson v. bank of Am., N.A., 898 F.3d 1348 (11th 

Cir. 2018); Byrne v. Nezhat, 261 F.3d 1075 (11th Cir. 2001); Pelleteir v. Zweifel, 921 F.2d 1465 

(11th Cir. 1991).

In Jackson, the court described the case as an “abuse of process” effectuated “by filing a 

multi-count, incomprehensible complaint that flouted the Federal Rules of Civil Procedure and 

this Circuit’s well-established precedent.” Jackson, 898 F.3d at 1348. “By attempting to prosecute 

an incomprehensible pleading to judgment, the Plaintiffs obstructed the due administration of 

justice in the District Court.” Id. 

The facts in Jackson are similar, although less egregious than here. The complaint in 

Jackson alleged fourteen causes of action and contained 109 paragraphs of allegations and each of 

the claims incorporated all previous allegations. The Defendants filed a motion for more definite 

statement identifying the complaint as a shotgun pleading. The Plaintiff did not oppose the motion 

but sought leave to file an amended complaint. The amended complaint “swelled to twenty-three 

pages and 123 paragraphs, made minor changes to a number of factual allegations, added two new 

counts, and listed one or more Defendants in parentheses under the heading of each count . . . . ” 

Id. at 1348. The Court of Appeals stated: “[h]ere, after being put on notice by Defendants of the 

specific defects in their complaint, the Jacksons filed an amended complaint afflicted with the 

same defects . . . . ” Id. Stating that “[t]olerating such behavior constitutes toleration of obstruction 

of justice,” the Court affirmed the trial judge’s order dismissing the amended complaint and 

instructed plaintiff’s counsel to show cause why he should not be ordered to pay double costs and 

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expenses, including attorney’s fees and costs incurred in defending the appeal pursuant to Rule 38 

of the Federal Rules of Appellate Procedure. Id. at 1357-59. The Court pointed out that the 

defendants had identified the deficiency and the Eleventh Circuit’s precedent in their motion. “If 

[plaintiffs’ counsel] was not aware of the precedent when he filed the [plaintiffs’] initial complaint, 

Defendants’ motion told him all he needed to know.” Id. at 1359. Nevertheless “he stood fast, 

brazenly filing a facsimile of his initial pleading.” Id. 

Similarly here, Defendant Neustar identified the shotgun pleading deficiency and the 

Eleventh Circuit’s precedent as one of its grounds for dismissal of Mr. Trump’s initial Complaint. 

(DE 160 at 7-8, n.8). The Defendants’ joint Motion to Dismiss the Amended Complaint did 

likewise. (DE 226 at 46-47). The Plaintiff refused to acknowledge this clear precedent. Instead, 

he added 80 new pages, and new defendants (including his former Deputy Attorney General and 

a California Congressman) in order to rehash old grievances from the 2016 election. 

The other two Eleventh Circuit opinions analyze the use of shotgun pleadings to support a 

frivolous RICO claim. In both, the Court found the tactic deserving of sanctions. In Pelletier, the 

Court of Appeals reversed the denial of a Rule 11 sanctions motion in a civil RICO case. Pelletier, 

921 F.2d at 1465.8

 Analyzing in detail the amended complaint in that case, the Court of Appeals 

concluded that the plaintiff failed to establish any of the required predicate acts, to show any 

continuing relationship or pattern of acts, or any injury flowing from those acts. Id. at 1496-1500. 

8 Pelletier and Byrne were abrogated on other grounds by Bridge v. Phoenix Bond & Indem. Co., 

553 U.S. 639, 661 (2008) (holding “plaintiff asserting a RICO claim predicated on mail fraud need 

not show, either as an element of its claim or as a prerequisite to establishing proximate causation, 

that it relied on the defendant's alleged misrepresentations.”). I do not rely on Pelletier and Byrne 

as they relate to mail fraud. See Jackson v. Bank of Am., N.A., 898 F.3d 1348, 1358, 1360 (11th 

Cir. 2018) (citing Pelletier and Byrne as good law for purposes of sanctions resulting from 

improper pleading). A more detailed analysis of why Mr. Trump lacked standing to bring his 

RICO claim is set forth in my Order granting Defendants’ Motion to Dismiss. (DE 267 at 42-43). 

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Concluding that each of the counts in the amended complaint were objectively frivolous when 

filed, the Court of Appeals found it apparent that the case was brought to harass the defendants: 

Our conclusion is buttressed by the manner in which [plaintiff] pled 

his case in the district court and briefed it on appeal . . . . [These] are 

quintessential “shotgun” pleadings, replete with factual allegations 

that could not possibly be material to any of the causes of action they 

assert. Each count incorporates all of these factual allegations and 

states, further, that it is based on the conduct in the complaint 

attributable to [defendant] and “those acting in concert with him.” 

Anyone schooled in the law who read these complaints, however, 

would know that many of the facts alleged could not possibly be 

material to all of the counts. 

Pelletier, 921 F.2d at 1518. The appellate court found the amended complaint was conclusory, 

baseless and without any merit. In deciding that the claim was prosecuted in bad faith, the court 

rejected the thought that it might have been the “product of incompetent lawyering, and thus 

excusable, rather than” a tool of harassment, because the plaintiff was skilled in the law and had 

been warned he was likely to run afoul of Rule 11. Id. at 1519. The Court concluded: 

We think that imposing sanctions in this case would serve the dual 

purpose of deterring the filing of frivolous claims and defenses 

while not chilling attorneys’ legitimate enthusiasm and creativity in 

advancing legal and factual theories. At a time when the federal 

courts -- which are a scarce dispute resolution resource, indeed --

are straining under the pressure of an ever-increasing caseload, we 

simply cannot tolerate this type of litigation. Particularly with 

regard to civil RICO claims, plaintiffs must stop and think before 

filing them.

 

Id. at 1522 (emphasis in original).

9

In Byrne, the court affirmed a $400,000 sanction against counsel, under Rule 11, Section 

1927, and the court’s inherent powers, finding that the expansion of a simple “garden variety 

9 In Pelletier, the Court not only reversed the district court’s denial of Rule 11 sanctions and 

remanded for a determination of an appropriate amount, but also determined that the appeal was 

frivolous on the merits and awarded double costs and reasonable attorney’s fees pursuant to Rule 

38 of the Federal Rules of Appellate Procedure. 

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medical malpractice” case to include RICO and other baseless claims was frivolous from the outset 

and doomed to fail. Byrne, 261 F.3d at 1115. 

Identifying the complaint and amended complaint in Byrne as shotgun pleadings, id. at 

1106, 1129, the Court of Appeals emphasized the harm presented by the tactic and the authority 

of Article III courts to control the practice through inherent powers: 

Shotgun pleadings, if tolerated, harm the court by impeding its 

ability to administer justice. The time a court spends managing 

litigation framed by shotgun pleadings should be devoted to other 

cases waiting to be heard . . . . Although obstruction of justice is 

typically discussed in the context of criminal contempt, the concept 

informs the rules of law—both substantive and procedural—that 

have been devised to protect the courts and litigants (and therefore 

the public) from abusive litigation tactics, like shotgun pleadings. If 

use of an abusive tactic is deliberate and actually impedes the 

orderly litigation of the case, to-wit: obstructs justice, the perpetrator 

could be cited for criminal contempt.

Byrne, 261 F.3d at 1131-32, 1130 n.110 (citations omitted). 

In Byrne, the Court pointed out that plaintiffs file shotgun pleadings and frivolous claims 

to extort settlement of unmeritorious claims. Here, although his complaint asked for damages in 

excess of twenty-four million dollars, treble damages under RICO, and attorneys’ fees and costs, 

I do not think Mr. Trump or his lawyers actually thought the Defendants would ever agree to settle. 

This suit was filed for equally improper purposes—to harass and punish, for fundraising, and to 

advance a political agenda. 

B. The Pleadings Contained Factual Allegations That Were Knowingly False Or Made 

With Reckless Disregard For The Truth. 

The Plaintiff consistently misrepresented and cherry-picked portions of public reports and 

filings to support a false factual narrative. Often the report or filing actually contradicted his 

allegations. It happened too often to be accidental; its purpose was political, not legal. Factual 

allegations were made without any evidentiary support in circumstances where falsity is evident. 

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Examples include: 

The Mueller Report. A section of the Amended Complaint is titled “A String of Federal 

Investigations Clear Donald J. Trump and Uncover the Defendant’s Illicit Conspiracy.” (Amended 

Complaint ¶100). After a two-year investigation, the Special Counsel “found no evidence that 

Donald Trump or his campaign ever colluded with the Russian Government.” (Id. ¶460). The 

Amended Complaint further alleges that Special Counsel Mueller “went on to exonerate Donald 

J. Trump and his campaign with his finding that there was no evidence of collusion with Russia.” 

(Id. at ¶7). While perhaps acceptable as a cable news talking point, that allegation is neither an 

accurate nor fair reading of the Mueller Report.10 

First, the Mueller Report stated that “[i]n evaluating whether evidence about collective 

action constituted a crime, we applied the framework of conspiracy, not the concept of 

‘collusion.’” Mueller Report Volume I at 8. Second, in determining whether the conduct 

“amounted to a violation of federal criminal law” the question was “whether admissible evidence 

would probably be sufficient to obtain and sustain a conviction.” Mueller Report Volume I at 8. 

Third, the Report found: 

[W]hile the investigation identified numerous links between 

individuals with ties to the Russian government and individuals 

associated with the Trump Campaign, the evidence was not 

sufficient to support criminal charges . . . . [T]he investigation 

established that several individuals affiliated with the Trump 

Campaign lied to the [Special Counsel’s Office], and to Congress 

about their interactions with Russian-affiliated individuals and 

related matters. 

Mueller Report at 9. Fourth, with respect to obstruction of justice, the Report states: “While this 

10 1 Robert S. Mueller, III, U.S. Dep’t of Just., Report on the Investigation into Russian 

Interference in the 2016 Presidential Election (2019); 2 Robert S. Mueller, III, U.S. Dep’t of Just., 

Report on the Investigation into Russian Interference in the 2016 Presidential Election (2019). 

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report does not conclude that the President committed a crime, it also does not exonerate him.” 

Mueller Report Volume II at 2; (DE 147-1).

Crossfire Hurricane Investigation. A core aspect of the Plaintiff’s claim is his contention 

that Ms. Clinton, Mr. Comey, and others were responsible for the Crossfire Hurricane 

Investigation. The Complaint and Amended Complaint copiously cite to the IG Report to support 

these allegations. But the IG Report found that the FBI opened the investigation “for an authorized 

purpose” and “with adequate factual predication” that had nothing to do with the Defendants or 

the Steele Dossier. (DE 143-1 at 347). 

Charles Dolan Allegations. As set forth in my Order granting Rule 11 sanctions (DE 284), 

the Plaintiff alleged that Mr. Dolan was a former Chairman of the DNC (Amended Complaint 

¶ 96), a senior Clinton Campaign Official (id. ¶ 4), and “an individual with intimate ties to the 

Clinton Campaign and one of its close associates” (DE 177 ¶ 96). In fact, as Mr. Dolan’s lawyer 

told Plaintiff’s counsel, he was none of those things. It made no difference. Despite an affidavit 

from Mr. Dolan saying he lived in Virginia, and the fact that service upon him occurred there, the 

Amended Complaint claimed he lived in New York. The Plaintiff’s lawyers’ excuse: There are a 

lot of Dolans—some of them live in New York. (DE 270 at 10). 

The Complaint and Amended Complaint allege that Mr. Dolan was responsible for 

allegations in the Steele Dossier concerning salacious activity by Mr. Trump in Moscow. Mr. 

Dolan’s lawyers’ warnings that this was untrue went unheeded. In defending against sanctions, 

the Plaintiff’s lawyers pointed to the Danchenko Indictment.11 However, the Danchenko 

Indictment does not support Plaintiff’s claims, rather it contradicts and undermines them. 

11 United States v. Danchenko, No. 1:21-cr-00245-AJT, (E.D. Va. Nov. 3, 2021) (hereinafter 

“Danchenko Indictment”).

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Criminal Indictments. The Complaint and Amended Complaint rely substantially on the 

Sussmann,12 Danchenko, and Clinesmith13 Indictments. The Plaintiff alleges that “these 

‘speaking’ indictments not only implicate many of the Defendants named herein but also provide 

a great deal of insight into the inner workings of the Defendants’ conspiratorial enterprise. Based 

on the facts that have already been uncovered throughout the course of Durham’s investigation, it 

seems all but certain that additional indictments are forthcoming.” (Amended Complaint ¶ 8). 

 The Indictments themselves are not relevant. An untried indictment is not evidence of the 

conduct alleged. See United States v. Machado, 886 F.3d 1070 (11th Cir. 2018). A criminal 

indictment should be no more than the starting point for a lawyer’s good faith pre-filing 

investigation. The danger of overreliance has been demonstrated here, in light of the acquittals of 

Mr. Sussmann and Mr. Danchenko. That is not to say an indictment has no significance -- a grand 

jury has issued it with the assistance of a lawyer for the government. But a plaintiff’s good faith 

pre-filing inquiry cannot simply ignore the facts in an indictment that contradict and undermine 

his allegations while touting those he likes. 

The Sussmann Indictment charged Mr. Sussmann with falsely telling the FBI’s General 

Counsel that he was not acting on behalf of a client when he conveyed allegations about email 

communications between the Trump Organization and a bank affiliated with the Russian 

government. But the Plaintiff relied on the Indictment to support his allegations of theft of trade 

secrets, violations of the Computer Fraud and Abuse Act, and violations of the Stored 

Communications Act in Counts I, VII, VIII, and IX. (DE 177 at 119, 163, 166, 170). 

12 United States v. Sussmann, No. 1:21-cr-00582-CRC, (D.D.C. Sept. 16, 2021) (Hereinafter 

“Sussmann Indictment”). 

13 United States v. Clinesmith, No. 1:20-cr-00165-JEB, (D.D.C. Aug. 14, 2020) (Hereinafter 

“Clinesmith Indictment”).

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As the Order of Dismissal points out, there are legal deficiencies in these claims. But the 

Sussmann Indictment also warned the Trump lawyers of factual problems. It specified that the 

communications involved “purported DNS data reflecting apparent DNS lookups between Russian 

Bank-1 and an email domain, ‘mail l.trump-email.com.’” (Sussmann Indictment ¶ 16). DNS data 

is meant to be public and as part of the infrastructure for the internet, accessible to any entity. The 

Indictment further advises that the FBI determined “that the email server at issue was not owned 

or operated by the Trump Organization, but rather had been administered by a mass marketing 

email company that sent advertisements for Trump hotels and hundreds of other clients.” 

(Sussmann Indictment ¶ 7). The Sussmann Indictment does not support and instead contradicts 

the conclusory trade secret and unauthorized access allegations set forth in Plaintiff’s Amended 

Complaint.

And as noted above, the Danchenko Indictment contains allegations that, if true, were fatal 

to the Plaintiff’s conspiracy claims. The Danchenko Indictment states that, according to Mr. 

Dolan, “individuals affiliated with the Clinton Campaign did not direct and were not aware of” 

Mr. Dolan’s meetings and activities with Mr. Danchenko and other Russian nationals. (Danchenko 

Indictment ¶ 36). Further, it alleges that according to Mr. Dolan, he was unaware of the specifics 

of Mr. Danchenko’s project against Trump or that Mr. Danchenko’s reporting would be provided 

to the FBI. (Id. ¶ 52). In responding to Mr. Dolan’s sanctions motion, the lawyers claimed their 

allegations were “directly sourced” from the Danchenko Indictment. (DE 270 at 10). That is 

plainly untrue. 

Twitter Suspension. To support his damages claim, Plaintiff alleged that he was “banned 

from different social media platforms, including Twitter” as a result of “the misinformation 

campaign waged by Hillary Clinton.” (Amended Complaint ¶ 524 n.277). However, Twitter 

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suspended Mr. Trump on January 8, 2021—two days after the January 6th attack on the Capitol—

because it determined Mr. Trump’s tweets posed “the risk of further incitement of violence.”14 

Moreover, in a lawsuit Mr. Trump filed against Twitter, attempting to show state action, 

he alleges that “Democrat legislators” pressured Twitter to censor him and that he was banned for 

exercising his right of free speech. Trump et al. v. Twitter et al., No. 3:21-CV-08378 (N.D. Cal.

July 7, 2021) (DE 1 ¶¶ 6, 48). 

The assertion that the Twitter ban was caused by misinformation by Ms. Clinton five years 

earlier is plainly false. 

C. The Plaintiff’s Legal Theories Were Frivolous, Foreclosed By Existing Precedent.

The Plaintiff recklessly advanced claims foreclosed by existing precedent that the most 

basic legal research would have revealed. It was not that the Complaint and Amended Complaint 

were inadequate in any respect, they were inadequate in nearly every respect, even after the 

deficiencies had been identified in the multiple motions to dismiss. The Eleventh Circuit has 

squarely held that to knowingly advance frivolous claims constitutes bad faith meriting sanctions 

under a court’s inherent powers. Peer, 606 F.3d at 1316 (reversing district court’s failure to award 

sanctions under inherent powers based upon Circuit Court’s finding that lawyer “knowingly 

pursued a frivolous claim, and thus acted in bad faith.”). 

I will not detail all of the failings of the Amended Complaint here. Most are identified in 

the Order of Dismissal. I concluded that fundamental substantive defects precluded the Plaintiff 

from proceeding under any of the theories he advanced. 

In arguing against the imposition of sanctions, the Plaintiff attempts to defend his legal 

14 Twitter Inc., Permanent Suspension of @realDonaldTrump, Twitter Blog (Jan 8, 2021), 

https://blog.twitter.com/en_us/topics/company/2020/suspension. 

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positions. For instance, he contends that while novel, his assertion that the RICO statute of 

limitations should be tolled because of the former President’s duties is a compelling argument for 

an extension of existing law. (DE 284 at 4). But Clinton v. Jones, 520 U.S. 681 (1997), does not

leave room for that argument. See Trump v. Vance, 140 S. Ct. 2412 (2020) (holding that President 

is “neither absolutely immune from state criminal subpoenas seeking his private papers nor entitled 

to a heightened standard of need”); Trump v. United States, No. 22-13005, 2022 WL 17352069 

(11th Cir. 2022) (holding district court lacks equitable jurisdiction to block government 

investigation of former President). That is especially true here where Mr. Trump, in his personal 

capacity, found time during his presidency to file other civil actions. See, e.g., Trump v Mazars 

USA, LLP, 140 S. Ct. (2019); Trump v Deutsche Bank AG, 943 F.3d 627 (2d Cir. 2019); Trump v 

Comm. on Ways & Means, 391 F. Supp. 3d 93, 95 (D.D.C. 2019).

The argument that the statute of limitations should be extended because of the tolling 

provision of the Clayton Act is likewise frivolous. Even were it to be applicable to RICO, none 

of the government proceedings identified by the Plaintiff—the Sussmann and Danchenko 

Indictments, or the FEC proceeding—bear any relation to RICO. And in addition to the statute of 

limitations, Plaintiff’s RICO claim failed at every step of the substantive RICO analysis. 

The Plaintiff does not even attempt to respond with respect to most of the legal failings of 

his claims. To reiterate a few:

• The malicious prosecution claim without a prosecution; 

• The theory of personal jurisdiction based on an allegation that defendants “knew that 

Florida is a state in the United States which was an important one;” 

• The trade secret claim without a trade secret or ownership;

• The Computer Fraud and Abuse claim foreclosed by Van Buren v United States, 141 S. Ct. 

1648 (2021); and

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• Obstruction of justice untethered to any official proceeding. 

Despite its 193 pages, the Amended Complaint did not come close to stating a legal claim.

That was never its intended purpose. 

III. A PATTERN OF ABUSE OF THE COURTS.

I have explained why the totality of the problems with the Complaint, Amended Complaint, 

and the arguments and statements of Plaintiff’s counsel show that this lawsuit was filed and 

prosecuted in bad faith. But this case is part of Mr. Trump’s pattern of misusing the courts to serve 

political purposes. Federal courts have both the inherent power and the constitutional obligation 

to protect their jurisdiction from conduct that impairs their ability to carry out Article III functions. 

Procop v. Strickland, 792 F.2d 1069, 1073 (11th Cir. 1986); see also Martin-Trigona v. Shaw, 986 

F. 2d 1384, 1388 (11th Cir. 1993) (affirming dismissal because lawsuit filed on behalf of vexatious 

litigant); O'Neal v. Allstate Indem. Ins. Co. Inc., No. 20-14712, 2021 WL 4852222, at *6 (11th 

Cir. Oct. 19, 2021). 

Thus, while a litigant’s conduct in other cases would normally not be relevant, when the 

court is faced with a sanctions motion against a repeat offender, undeterred by admonitions, it has 

the authority to consider that litigant’s outside conduct. See Johnson v. 27th Ave. Caraf, Inc., 9 

F.4th 1300, 1313-14 (11th Cir. 2021) (finding district court had “inherent power to investigate the 

scope and extent” of litigant’s misconduct that “threaten[ed] the integrity of the court.”); O'Neal, 

2021 WL 4852222, at *5 (rejecting a plaintiff’s sanctions appeal, in part, because “the district 

court [] conducted a comprehensive examination of Plaintiff's litigation history, cited dozens of 

Plaintiff's past cases, concluded that only two had merit, and provided examples of past cases 

where Plaintiff followed an abusive strategy similar to that employed in this case . . . . ”).

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A. Trump v. Pulitzer Board 

On November 15, 2021, on behalf of Mr. Trump, Ms. Habba demanded the Pulitzer Prize 

Board “take immediate steps to strip the New York Times and the Washington Post of the 2018 

Pulitzer Prize for National Reporting.”15 By correspondence styled “Demand Letter, Notice of 

Potential Litigation and Non-Spoliation of Evidence,” she threatened “prompt legal action” should 

the prize not be withdrawn. 

Then, on May 27, 2022, Mr. Trump wrote stating: “I again call on you to rescind the Prize 

you awarded on blatantly fake, derogatory and defamatory news. If you choose not to do so, we 

will see you in court.”16

On October 13, 2022, Weber, Crabb, & Wein, P.A., another law firm representing Mr. 

Trump, wrote again threatening suit, claiming that in refusing to rescind the award “the Board and 

its members acted not only with reckless disregard for the truth, but with authentic animosity and 

malice toward President Trump and the desire to cause him true harm [sic].” As such, according 

to these lawyers, “the members of the Board are individually liable” for damages, including 

punitive damages for defamation.17 

15 Demand Letter from Alina Habba, Lawyer for Former President Donald J. Trump, to Bud 

Kliment, Interim Administrator, The Pulitzer Prizes (Nov. 15, 2021), 

https://www.documentcloud.org/documents/21112616-habba-and-trump-demand-letters-topulitzer-prizes-board. 

16 Letter from Donald J. Trump, to Ms. Marjorie Miller, Administrator, The Pulitzer Prize (May 

27, 2022). For copy of letter see Katie Robertson, Pulitzer Board Rejects Trump Request to Toss 

Out Wins for Russia Coverage, N.Y. Times (July 18, 2022), 

https://www.nytimes.com/2022/07/18/business/media/pulitzer-prizes-trump.html.

17 Letter from R. Quincy Bird and Jeremy D. Bailie, Lawyers for Donald J. Trump, to Marjorie 

Miller, Administrator, The Pulitzer Prize Board (Oct. 13, 2022) 

https://cdn.nucleusfiles.com/bf/bf8ec68a-f0b8-400d-a74b-e6c480f89c07/pulitzer-prize-boardletter-final.pdf. 

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A little over a week later, Mr. Trump, at a rally in Robstown, Texas, held on October 22, 

2022, announced: “Within the next two weeks we’re suing the Pulitzer organization to have those 

prizes taken back.”18 

On December 13, 2022, Mr. Trump followed up on his threat by filing a lawsuit in a state 

court in Okeechobee, Florida, a location with no apparent connection to Mr. Trump or any of the 

defendants. Trump v. Members of the Pulitzer Prize Board et al., No. 22-CA-000246, (Fla. 19th 

Cir. Ct. Dec. 13, 2022) (hereinafter “Trump v. Pulitzer”) (DE 1). He sued, individually, nineteen 

members of the Pulitzer Prize Board alleging defamation by implication.”19 The complaint, 29 

pages, 145 paragraphs, similar to the Amended Complaint at issue here, misrepresents the findings 

of the Mueller Report and the origins of the Operation Crossfire investigation. The alleged 

defamatory statement reads: 

A. Statement from the Pulitzer Prize Board. The Pulitzer Prize 

Board has an established formal process by which complaints 

against winning entries are carefully reviewed. In the last three 

years, the Pulitzer Board has received inquiries, including from 

former President Donald Trump about submissions from the New 

York Times and the Washington Post on Russian interference in the 

U.S. elections and its connections to the Trump campaign – 

submissions that jointly won the 2018 National Reporting Prize. 

These inquires prompted the Pulitzer Board to commission two 

independent reviews of the work submitted by those organizations 

to our National Reporting competition. Both reviews were 

18 See Julia Shapero, Trump doubles down on threats to sue Pulitzer board at Texas rally, The Hill 

(Oct. 22, 2022, 11:06 PM), https://thehill.com/blogs/blog-briefingroom/3699833-trump-doublesdown-on-threats-to-sue-pulitzer-board-at-texas-rally/.

19 Defamation by implication is “the concept that literally true statements can be defamatory where

they create a false impression.” Jews for Jesus, Inc. v. Rapp, 997 So. 2d 1098, 1106 (Fla. 2008).

(citations omitted). The Florida Supreme Court explained that “if the defendant juxtaposes a series

of facts so as to imply a defamatory connection between them, or creates a defamatory implication 

by omitting facts, he may be held responsible for the defamatory implication, unless it qualifies as 

an opinion, even though the particular facts are correct.” Id. at 1108. 

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conducted by individuals with no connection to each other. The 

separate reviews converged in their conclusions: that no passages or 

headlines, contentions or assertions in any of the winning 

submissions were discredited by facts that emerged subsequent to 

the [2018 Pulitzer Prizes in National Reporting Stand] conferral of 

the prizes. 

(Trump v. Pulitzer, DE 1 ¶ 117). 

It has been said that journalism is the first draft of history.20 The 2018 Pulitzer Award for 

National Reporting honored the staffs of the New York Times and the Washington Post “[f]or 

deeply sourced, relentlessly reported coverage in the public interest that dramatically furthered the 

nation’s understanding of Russian interference in the 2016 presidential election and its connection 

to the Trump campaign, the President-elect’s transition team and his eventual administration.”21

The effort by Mr. Trump and his lawyers to use the courts to bully journalists as part of a dishonest 

and futile attempt to rewrite history is a shameless attack on a freedom essential to democracy. 

See Mills v Alabama, 384 U.S. 214, 218-19 (1966) (“[T]he press serves . . . as a powerful antidote 

to any abuses of power by government officials and a constitutionally chosen means for keeping 

officials elected by the people responsible to all of the people who they were selected to serve.”). 

B. Trump v. New York Attorney General 

 

In March 2019, the New York Office of the Attorney General (“OAG”) headed by Attorney 

General Letitia James(“AG James”), began investigating Mr. Trump and his New York business.22 

20 While first use of the phrase is debated, it is often attributed to Philip Graham, the former 

president and publisher of the Washington Post from a speech he gave to Newsweek reporters in 

1963: “So let us today drudge on about our inescapably impossible task of providing every week 

a first rough draft of history that will never be completed . . . . ” Katherine Graham, Personal 

History (1998). 

21 Staffs of The New York Times and The Washington Post, The Pulitzer Prizes, 

https://www.pulitzer.org/winners/staffs-new-york-times-and-washington-post. 

22 The following procedural history and underlying facts are taken from filings in the case which 

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(James AC ¶ 64). The OAG initiated its investigation following Congressional testimony by 

Michael Cohen, “a former senior executive of the Trump Organization and Special Counsel to Mr. 

Trump,” wherein he produced copies of Plaintiff’s financial statements that allegedly inflated the 

value of his assets to obtain favorable loans and insurance coverage, while the Trump Organization 

simultaneously deflated the value of those same assets to reduce its tax burden. (Trump v. James,

DE 9 at 8-9). According to Mr. Trump, the Cohen testimony was a pretext to justify the OAG 

Investigation, and he points to various public statements by AG James as support for his theory 

that the OAG is “nothing more than a weapon in [AG James’s] arsenal to wage war on [Mr. 

Trump].” (James AC ¶¶ 67, 76). 

On August 24, 2020, the OAG commenced a special proceeding in the New York Supreme 

Court, New York County, to enforce subpoenas served during the Investigation.23 (James AC ¶ 

75). On February 17, 2022, Justice Engoron, the state-court Justice presiding over the special 

proceeding, denied a motion to quash filed by Mr. Trump and granted the OAG’s motion to compel 

(“February 2022 Order”). See People of the State of New York v. The Trump Organization, Inc., 

No. 451G85/2020, 2022 WL 489625 (Sup. Ct. N.Y. Cnty. Feb. 17, 2022). Justice Engoron rejected 

the Trump Respondents’24 argument that the OAG Investigation was based on “personal animus” 

and that it amounted to selective prosecution. See id. at *5-6. 

Justice Engoron’s Order has been affirmed by the state-appellate courts in New York. On 

May 26, 2022, the February 2022 Order was unanimously affirmed by the New York Appellate 

subsequently ended up before me: Donald J. Trump v. Letitia James, No. 22-81780-CV-DMM

(S.D. Fla.) (hereinafter “Trump v. James”). The amended complaint in that case is at Docket Entry

19 and is hereafter referred to as “James AC.” 

23 The special proceeding is styled, People v. The Trump Organization, Index No. 451685/2020. 

24 Donald J. Trump, Ivanka Trump, and Donald Trump, Jr. 

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Division’s First Department. People by James v. Trump Org., Inc., 205 A.D.3d 625 (1st Dep’t 

2022) (affirming finding that the OAG Investigation was “lawfully initiated” and not selective 

prosecution). On June 14, 2022, in a two-sentence order, the New York Court of Appeals—New 

York’s highest court—dismissed Mr. Trump’s appeal. People by James v. Trump Org., Inc., 38 

N.Y.3d 1053 (2022) (holding that “no substantial constitutional question is directly involved.”). 

Simultaneously, in December 2021, Mr. Trump and the Trump Organization LLC sued AG 

James under 42 U.S.C. § 1983 in the United States District Court for the Northern District of New 

York. Trump v. James, No. 21-cv-1352, 2022 WL 1718951 at *1 (N.D.N.Y. May 27, 2022). Mr. 

Trump alleged that the OAG’s investigation infringed on various of his constitutional rights. As 

summarized by Judge Sannes, Mr. Trump (and the Organization) asserted that AG James: 

(1) violated their Fourteenth Amendment due process rights by 

commencing “investigations against Plaintiffs in bad faith and 

without a legally sufficient basis,” (2) violated their First 

Amendment rights by seeking to stifle Plaintiffs’ free speech and 

retaliate against Plaintiffs based upon Mr. Trump's political views, 

(3) violated their Fourth Amendment rights by issuing subpoenas 

without any “justifiable legal or factual basis,” and (4) abused 

process to advance her own political career and injure Mr. Trump 

personally and politically. 

Id. at *4. Judge Sannes granted AG James’s Motion to Dismiss pursuant to Fed. R. Civ. P. 12(b)(1) 

on the grounds of Younger Abstention, id. at *14, and stated that, in the alternative, the case would 

be dismissed under Rule 12(b)(6) because of res judicata, id. at *19. The Court also noted: 

“Plaintiffs’ assertions that [AG James] conducted a ‘baseless fishing expedition’ and ‘knowingly 

advanced claims that were unwarranted under existing law,’ are wholly unsupported.” Id. at *12 

n.13 (citation omitted). Mr. Trump has appealed to the Second Circuit. (Trump v. James DE 9 at 

11).

On September 21, 2022, following its Investigation, the OAG commenced an enforcement 

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action pursuant to New York Law §63(12) (“Enforcement Action”). (Id. at 12). On November 

14, 2022, following a granting of the OAG’s motion for preliminary injunction, Justice Engoron 

appointed the Honorable Barbara Jones, a retired federal judge, to serve as monitor of the Trump 

Organization. (Trump v. James, DE 9-1 at 2). Mr. Trump appealed to the New York Appellate 

Division’s First Department, where it remains pending. (Trump v. James, DE 9 at 13). 

Then, on November 2, 2022, Mr. Trump filed a lawsuit against AG James in a Florida state 

court, the Circuit Court of the Fifteenth Judicial Circuit for Palm Beach County, Florida. (Trump 

v. James, DE 1-1 at 11). The following day, he posted the following on Truth Social: 

Statement by Donald J. Trump, 45th President of the United States 

of America

A puppet judge of the New York Attorney General and other sworn 

enemies of President Trump and the Republican Party has just 

issued a ruling never before seen anywhere in America. It is 

Communism come to our shores. 

Businesses will be fleeing New York, which they already are, for 

other states and other countries. Today’s ridiculous ruling by a 

politically-motivated, hand-picked judge makes it even more vital 

for courts in both New York and Florida to do the right thing and 

stop this inquisition. 

We have to fight back against radical tyranny and save our 

Country!25

On November 14, 2022, Plaintiff filed an Amended Complaint and an Emergency Motion 

for Temporary Injunction. (Trump v. James, DE 19; DE 1-1 at 113). Plaintiff brought three counts 

against Defendant, “individually.” Count I is brought under 42 U.S.C. § 1983 for various 

constitutional violations. (James AC at 26). Count II alleges violations of Plaintiff’s rights to 

25 @realDonaldTrump, Truth Social (Nov. 2, 2022, 5:51 PM), 

https://truthsocial.com/@realDonaldTrump/posts/109282083674316908. 

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privacy and property under Florida law. (Id. at 31). Count III alleges violations of Plaintiff’s 

rights as grantor and beneficiary of the Trust. (Id. at 35). In his Emergency Motion, Plaintiff 

requested a temporary injunction against Defendant, “either personally, through an agent or 

through any other persons acting in active concert or participation with her, from requesting, 

demanding, possessing or disclosing the 2020 or 2022 amendments” of Plaintiff’s Trust. (Trump 

v. James, DE 1-1 at 113). 

On November 16, 2022, Defendant removed the case to this Court, where it is now pending 

before me. (Trump v. James, DE 1). The James AC copies verbatim substantial portions of the 

dismissed New York federal action. It begins with provocative rhetoric, all too familiar: 

Extraordinary wrongdoing requires extraordinary relief. As set 

forth below, James has repeatedly abused her position as Attorney 

General for the State of New York to pursue a vendetta against 

President Trump, a resident of Palm Beach County, Florida, with the 

stated goal of destroying him personally, financially, and politically. 

Suffice it to say that these actions are contrary to both the 

Constitutions and the laws of New York and Florida and the United 

States Constitution. 

(James AC ¶ 1). 

On December 21, 2022, I denied the Emergency Motion for Temporary Injunction finding 

that none of the prerequisites for an injunction were met. (Trump v. James, DE 14). I found that 

Plaintiff’s attempt to sidestep rulings by the New York courts by suing AG James individually 

rather than in her official capacity was plainly frivolous. (Id. at 6). I found there was no likelihood 

of success on the merits, no irreparable harm, and to “impede a civil Enforcement Action by the 

New York Attorney General would be unprecedented and contrary to the interests of the people of 

New York.” (Id. at 8). I urged Mr. Trump and his lawyers to reconsider their opposition to AG 

James’s Motion to Dismiss because “[t]his litigation has all the telltale signs of being both 

vexatious and frivolous.” (Id. at n.6).

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C. Trump v. Twitter 

On July 7, 2021, Mr. Trump, Linda Cuadros, and the American Conservative Union, 

individually and on behalf of the class, sued Twitter, Inc. and Jack Dorsey. The complaint was 

filed in U.S. District Court in the Southern District of Florida. Donald J. Trump et al. v. Twitter, 

Inc. et al., No. 21-CV-22441 (S.D. Fla.) (hereinafter “Trump v. Twitter”).

26 The case was 

subsequently transferred to the Northern District of California pursuant to Twitter’s forum 

selection clause. (Trump v. Twitter, DE 87). 

Shortly after announcing the lawsuits, Mr. Trump started sending “breaking news alert” 

text messages directly to his followers including a link27 that asked them to donate to his Save 

America PAC: 

President Trump is filing a LAWSUIT against Facebook and 

Twitter for UNFAIR CENSORSHIP! For the NEXT HOUR we’ve 

activated a 5X-IMPACT on ALL GIFTS! Please contribute 

IMMEDIATELY to INCREASE your impact by 500% and to 

get your name on the Donor List President Trump sees!

28

26 That same day, Mr. Trump also sued YouTube, LLC; Sundar Pichai, the chief executive officer 

of Google LLC and Alphabet Inc.; Facebook, Inc.; and its chief executive officer, Mark 

Zuckerberg. See Trump et al. v. YouTube, LLC,. et al., No. 21-CV-22445 (S.D. Fla.) (hereinafter 

“Trump v. YouTube”); Trump et al. v. Facebook, Inc. et al., No. 21-CV-22440 (S.D. Fla.) 

(hereinafter “Trump v. Facebook”). Both of these cases were transferred to the Northern District 

of California.

27 The text message read, “Pres Trump: I am SUING Facebook & Twitter for 

UNCONSTITUTIONAL CENSORSHIP. For a short time, 5X-IMPACT on all gifts! Donate 

NOW: bit.ly/3hiWKi5.” The link in the text message brought recipients to a dynamic website 

prompting them with the above request for donations. While the website has since changed, it has 

been documented in other places. See, e.g., Jake Lahut, Trump announces lawsuits against

Facebook and Twitter, immediately starts fundraising off it, Business Insider (July 7, 2021, 12:54 

PM), https://www.businessinsider.com/trump-facebook-twitter-lawsuit-fundraising-immediately2021-7. 

28 Lahut, supra note 26 (showing a Tweet from Twitter User @NYTnickc including screenshots 

of the text message and donation website) (emphasis in original). 

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Mr. Trump’s primary claim in all three of the cases is that the defendants censored his 

speech in violation of the First Amendment to the United States Constitution. See Trump v. 

Twitter, DE 1; Trump v. YouTube, DE 1; Trump v. Facebook, DE 1. A problem with his argument 

is that Twitter, Facebook, and YouTube are private companies, and the First Amendment applies 

only to governmental abridgements of speech. See Manhattan Cmty. Access Corp. v. Halleck, 139 

S. Ct. 1921, 1928 (2019) (“[T]he Free Speech Clause prohibits only governmental abridgment of 

speech. The free-speech clause does not prohibit private abridgment of speech.”) (emphasis in 

original). Mr. Trump’s only viable course of action was to allege that the companies were so 

dominated by governmental authorities as to be considered “state actors.” 

With respect to Twitter, aspects of Mr. Trump’s argument bear directly on the claims made 

against Ms. Clinton and the Defendants here. Recall that in this case, Mr. Trump’s lawyers point 

to the suspension of his Twitter account as the only example of economic injury that he suffered 

and blame the suspension on disinformation by Ms. Clinton; never mind that Twitter closed Mr. 

Trump’s account after the Jan 6th attack on the Capitol because of “the risk of further incitement 

of violence.” (Trump v. Twitter, DE 21 ¶114).

But in the Twitter litigation, the Trump lawyers claim that it was Democratic members of 

Congress, Vice President Harris, and First Lady Michelle Obama, that “coerced” Twitter to censor 

Mr. Trump. (Id. ¶¶ 48-61). 

The District Court for the Northern District of California dismissed the case in its entirety 

finding that “the amended complaint does not plausibly allege that Twitter acted as a government 

entity when it closed plaintiffs’ accounts.” Trump v. Twitter Inc., No. 21-cv-08378-JD 2022 WL 

1443233, at *7 (N.D. Cal. May 6, 2022). Appeal of the dismissal is currently pending in the Ninth 

Circuit. See Trump v. Twitter, Inc., et al., 22-cv-15961 (9th Cir.). 

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D. Trump v. CNN

On October 16, 2019, Charles Harder, as “litigation counsel for President Donald J. Trump 

and Donald J. Trump for President, Inc.” advised CNN that “my clients intend to file legal action 

against you to seek compensatory damages, treble damages, punitive damages, injunctive relief, 

reimbursement of legal costs, and all other available legal and equitable remedies to the maximum 

extent permitted by law.”29 Claiming violation of the Lanham Act because of “misrepresentations 

to the public, to your advertisers, and others,” the letter claimed “[n]ever in the history of this 

country has a President been the subject of such a sustained barrage of unfair, unfounded, unethical 

and unlawful attacks . . . . ” Id. 

On March 6, 2020, represented by Mr. Harder, Donald J. Trump for President, Inc. sued 

CNN for libel based upon an article by a contributor entitled “Soliciting dirt on your opponents 

from a foreign government is a crime. Mueller should have charged Trump campaign officials 

with it.”30 Donald J. Trump for President, Inc. v. CNN Broad., Inc., 20-CV-01045-MLB (N.D. 

Ga. Mar. 6, 2020) (hereinafter “Trump v. CNN”) (DE 1). The district court found the complaint 

did not adequately plead actual malice and dismissed it with leave to amend no later than 

November 30, 2020. Trump v. CNN, 500 F. Supp. 3d 1349, 1358 (N.D. Ga. Nov. 11, 2020). 

29 Demand Letter from Charles J. Harder, Lawyer for Donald J. Trump, to Jeff Zucker, President 

and CEO of CNN, and David Vigilante, Executive Vice President and General Counsel of CNN 

(Oct. 16, 2019). For copy of letter see @michaelglassner, Twitter (Oct. 18, 2019 12:04 PM), 

https://twitter.com/michaelglassner/status/1185225081141772290?ref_src=twsrc%5Etfw%7Ctw

camp%5Etweetembed%7Ctwterm%5E1185225081141772290%7Ctwgr%5E3343fa879f8ca95c6

fc5c5a9f5c9ac5e765d8097%7Ctwcon%5Es1_&ref_url=https%3A%2F%2Fwww.foxnews.com%

2Fmedia%2Ftrump-legal-team-threatens-cnn-with-lawsuit-over-unfair-unfounded-unethical-andunlawful-coverage (posting copy of letter).

30 Larry Noble, Soliciting dirt on your opponents from a foreign government is a crime. Mueller 

should have charged Trump campaign officials with it, CNN (June 13, 2019 at 3:37 PM), 

https://www.cnn.com/2019/06/13/opinions/mueller-report-trump-russia-opinionnoble/index.html. 

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Plaintiff’s counsel subsequently advised that an amended complaint would not be filed, so on 

December 31, 2020, the case was dismissed without prejudice for failure to comply with the 

Court’s order. (Trump v CNN, DE 38). 

 Mr. Trump then began fundraising for another lawsuit against CNN, issuing the following 

appeal: 

I’m calling on my best and most dedicated supporters to add their 

names to stand with me in my impending lawsuit against fake news 

CNN . . . Add your name immediately to show your support for my 

upcoming lawsuit against fake news CNN.31 

On October 3, 2022, Mr. Trump sued CNN for Defamation Per Se (Count I) and 

Defamation (Count II). Trump v. Cable News Network, Inc., No. 22-CV-61842-AHS (S.D. Fla.

Oct. 3, 2022) (hereinafter “Trump v CNN II”), DE 1 at 19, 24. While claiming to meet the “actual 

malice” standard of New York Times Co. v. Sullivan, 376 U.S. 254 (1964), Mr. Trump’s lawyers 

argue it “does not—and should not—apply where the defendant is not publishing statements to 

foster debate, critical thinking, or [the] ‘unfettered interchange of ideas’ but rather seeks to 

participate in the political arena by offering propaganda.” (Trump v CNN II, DE 1 ¶ 65 n.42). 

 Less than 24 hours later, a fundraising email from Mr. Trump proclaimed: “I am suing the 

Corrupt News Network (CNN) for DEFAMING and SLANDERING my name.” Supporters were 

encouraged to contribute $5 or more.32 

To be clear, the sanction in this case is not imposed against Mr. Trump for the Pulitzer, 

Twitter, or CNN litigation. Those cases are before other judges who will make their own 

31 Marco Margaritoff, Trump Begs Supporters For Donations Toward 'Upcoming' CNN Lawsuit, 

Yahoo News (August 6, 2022), https://news.yahoo.com/trump-begs-supporters-donations-toward164711363.html. 

32 See Erik Larsen, Trump Uses CNN Lawsuit to Raise Money, Bloomberg (Oct. 4, 2022), 

https://money.yahoo.com/trump-uses-cnn-lawsuit-raise-143932468.html. 

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determinations. And a decision in Mr. Trump’s Florida lawsuit against the New York Attorney 

General, a case now pending before me, is premature. 

However, this widespread and persistent conduct points to the need for deterrence in this 

case and helps explain why Rule 11, Section 1927, and the Defend Trade Secrets Act are not up 

to the task. This is purposeful conduct, some of which occurs beyond the pleadings and even 

outside of the courtroom. “[I]t is a wrong against the institutions set up to protect and safeguard 

the public.” Chambers, 501 U.S. at 44. Mr. Trump’s deliberate use of a frivolous lawsuit for an 

improper purpose constitutes bad faith. And the behavior is not unique, but part of a plan, or at 

least a playbook. The telltale signs: 

• Provocative and boastful rhetoric; 

• A political narrative carried over from rallies; 

• Attacks on political opponents and the news media; 

• Disregard for legal principles and precedent; and

• Fundraising and payments to lawyers from political action committees.

33

And when a ruling is adverse, accusations of bias on the part of judges—often while the 

litigation is ongoing. 

33 Mr. Trump’s Save America PAC has spent $9.7 million in legal bills since 2021 according to a 

Washington Post review of FEC Filings. Devin Barrett, Josh Dawsey, and Isaac Stanley-Becker, 

Trump’s committee paying for lawyers of key Mar-a-Lago witnesses, The Washington Post (Dec. 

5, 2022, 5:52 PM), https://www.washingtonpost.com/national-security/2022/12/05/trumpwitnesses-legal-bills-pac/. Over $2 million has reportedly been paid to Ms. Habba. Steven Lubet, 

Cassidy Hutchinson transcript reveals new low for Trump World, The Hill (Dec 28, 2022, 8:00 

AM), https://thehill.com/opinion/judiciary/3789257-cassidy-hutchinson-transcript-reveals-newlow-for-trump-world/. Ms. Habba, in addition to her role as a lawyer, has become a senior advisor 

for Mr. Trump’s new MAGA, political action committee. According to a MAGA Inc. 

spokesperson, “whether it’s on legal matters or political issues, she is more than capable to 

represent President Trump in a variety of venues.” Ryan King, Trump Attorney Alina Habba joins 

MAGA Inc., Washington Examiner (Oct. 26, 2022, 9:55 AM), 

https://www.washingtonexaminer.com/politics/trump-attorney-alina-habba-joins-maga-inc. 

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But “[l]egal trials are not like elections, to be won through the use of the meeting-hall, the 

radio, and the newspaper.” Bridges v. California, 314 U.S. 252, 270 (1940). Frivolous lawsuits 

should not be used as a vehicle for fundraising or fodder for rallies or social media. Mr. Trump is 

using the courts as a stage set for political theater and grievance. This behavior interferes with the 

ability of the judiciary to perform its constitutional duty. 

IV. CONSEQUENCES

Having determined that sanctions are appropriate under inherent authority, I must now 

determine what those sanctions should be. I find that an award of Defendants’ attorneys’ fees and 

costs is a fair and just sanction given Plaintiff’s and his counsel’s actions in this case. See 

Chambers, 501 U.S. at 56-58. What follows, then, is an analysis of what amount of fees and costs 

is reasonable. See Bynum v. Am. Airlines, Inc., 166 Fed. Appx. 730, 736 (5th Cir. 2006) 

(remanding imposition of sanctions for proof of incurred fees and expenses to determine 

reasonableness). 

A. Defendants’ Fee Application And Plaintiff’s Objections 

Before analyzing the reasonableness of Defendants’ fee request, I will briefly explain what 

materials I considered in reaching my conclusions. A fee applicant bears the burden of providing 

an adequate application, but the opposing party must raise clear objections for a court to rule on 

them. See Am. Civ. Liberties Union of Georgia v. Barnes, 168 F.3d 423, 428 (11th Cir. 1999) 

(“‘objections and proof from fee opponents’ concerning hours that should be excluded must be 

specific and ‘reasonably precise.’”) (citation omitted). 

Defendants request $1,058,283.50 in fees and costs. See generally Defendants’ Joint 

Motion for Sanctions (DE 280-2) (hereinafter “Application”). The Application is a 304-page 

document filed in support of Defendants’ fee request. See id. The Application contains eleven 

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exhibits in support of the requested fees for each set of lawyers/law firms representing (some 

jointly) the Defendants in this case. Each exhibit contains (1) a declaration attesting to the 

authenticity of the hours and rates billed, with a corresponding summary of fees based on stages 

of the case; (2) background information on each timekeeper that describes professional experience 

and credentials; and (3) time entries. 

In response, Plaintiff filed largely indecipherable objections. (DE 285-1) (hereinafter 

“Objections”); (DE 297) (hereinafter “Corrected Objections”). I will highlight just a few of these 

issues. First, Plaintiff’s Objections relied on an unsigned draft of the Application. Compare 

Objections at 241 (stating on Mr. Tyrrell’s signature line, “draft for circulation”) with Application

at 255 (containing Mr. Tyrrell’s signature). This was significant not just because it was unsigned,

but because some of the calculations changed from the draft to the final Application. Compare 

Objections at 273 (Ms. Lett’s declaration stating total fees under Chart C as $5,650) with 

Application at 285 (Ms. Lett’s declaration stating total fees under Chart C as $9,375). In an effort 

to clarify the record, I sua sponte ordered Plaintiff to file corrected objections. (DE 292). 

Plaintiff’s Corrected Objections were equally unhelpful. First, Plaintiff still relies on 

certain draft portions of the Application. Compare Corrected Objections at 307 (Ms. Lett’s 

declaration stating in all caps and yellow highlighted text “DATE” and “FILL IN RESULT OF 

CONFERRAL”) with Application at 285 (Ms. Lett’s declaration stating the date and result of 

conferral). As a result, many of the same numerical discrepancies remained. See, e.g., id. Second, 

there are multiple miscalculations. For instance, in raising line-by-line objections to Defendant 

Joffe’s attorneys’ fees, Plaintiff failed to multiply the hourly rate by the number of hours billed, 

making the total amount objected to uncertain. (See Corrected Objections at 302). I doubt that 

this was intentional because nowhere else in the Corrected Objections does this appear to happen. 

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(See, e.g., id. at 268). In another example, in calculating the total fees incurred by Defendant DNC, 

Plaintiff failed to include the $15,632.50 incurred in the third stage of the case. (See id. at 93) 

(concluding total fees incurred $170,192, rather than $185,824.50). 

These errors, taken as a whole, render the entire document unreliable. I considered whether 

to offer Plaintiff yet another opportunity to cure his objections. Without a motion, however, I did 

not find it to be a fair exercise of this Court’s discretion. In almost every area of law, a party 

waives an objection for failing to properly raise it. So too here. Thus, to the extent that Plaintiff’s 

objections were not clearly identifiable, I did not consider them. 

B. Reasonableness Of Fees

Of the total request for fees and costs ($1,058,283.50), $14,292.39 are costs incurred for 

electronic legal research and $600 in pro hac vice filing fees. Plaintiff does not object to either.34 

(See generally Corrected Objections at 33-35). Filing fees are taxable costs under 28 U.S.C. 

§ 1920. However, consistent with the finding of other courts in this Circuit and other circuit courts, 

costs incurred for electronic legal research are considered a component of attorneys’ fees rather 

than costs under 28 U.S.C. § 1920. Springer v. Convergy's Corp., 2006 WL 8439203 at *2 (M.D. 

Fla. July 7, 2006). I find the award of $14,292.39 for electronic legal research reasonable given 

Plaintiff’s lack of objection and the sprawling nature of his claims, which while frivolous, were 

numerous enough to necessitate substantial legal research. 

“[T]he starting point in any determination for an objective estimate of the value of a 

34 Plaintiff appears to object, without explanation, to Defendant Danchenko’s costs incurred for 

electronic legal research ($6,389) as “vague.” (Corrected Objections at 244). This is nonsensical 

and likely a mistake. “Vague,” as used by Plaintiff everywhere else in his Corrected Objections 

refers to vague time entries (more on this below). Nowhere else does Plaintiff raise a “vague” 

objection for costs incurred for electronic legal research, which are typically barebones receipts. 

(See, e.g., id. at 301). I will overrule this objection as I can discern no basis for it. 

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lawyer’s services is to multiply hours reasonably expended by a reasonable hourly rate.” Norman 

v. Hous. Auth. of City of Montgomery, 836 F.2d 1292, 1299 (11th Cir. 1988) (citing Hensley v. 

Eckerhart, 461 U.S. 424, 433 (1983)). “The product of these two figures is the lodestar and there 

is a ‘strong presumption’ that the lodestar is the reasonable sum the attorneys deserve.” Bivins v. 

Wrap It Up, Inc., 548 F.3d 1348, 1350 (11th Cir. 2008) (citation omitted). In determining the 

lodestar, “the court is to consider the 12 factors enumerated in Johnson v. Georgia Hwy. Exp., Inc., 

488 F.2d 714 (5th Cir. 1974).”35 Id. at 1350. “After the lodestar is determined . . . the court must 

next consider the necessity of an adjustment for results obtained.” Norman, 836 F.2d at 1302. 

And finally, “‘[t]he court . . . is itself an expert on the question and may consider its own knowledge 

and experience concerning reasonable and proper fees and may form an independent judgment 

either with or without the aid of witnesses as to value.’” Id. at 1303 (citation omitted). 

1. Reasonable Hourly Rate 

“A reasonable hourly rate is the prevailing market rate in the relevant legal community for 

similar services by lawyers of reasonably comparable skills, experience, and reputation.” Norman, 

836 F.2d at 1302. The “relevant legal community” is generally “‘the place where the case is 

35 As summarized in Bivins, the 12 factors are: 

(1) the time and labor required; (2) the novelty and difficulty of the 

questions; (3) the skill requisite to perform the legal service 

properly; (4) the preclusion of employment by the attorney due to 

acceptance of the case; (5) the customary fee; (6) whether the fee is 

fixed or contingent; (7) time limitations imposed by the client or the 

circumstances; (8) the amount involved and the results obtained; (9) 

the experience, reputation, and ability of the attorneys; (10) the 

“undesirability” of the case; (11) the nature and length of the 

professional relationship with the client; and (12) awards in similar 

cases. 

Bivins, 548 F.3d at 1350 n.2. 

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filed.’” Barnes, 168 F.3d 437. “More typically, the fee applicant asks for rates approximating the 

highest charged in the community, whereas the fee opponent generally submits evidence of the 

lowest rate charged in any part of the community.” Norman, 836 F.2d at 1300. That is not the 

case here. 

Almost all of Defendants’ attorneys seek substantially discounted rates, ranging from 28% 

to 66% less than the rates actually billed. (See, e.g., Application at 102). On a sliding scale based 

on experience, Defendants’ attorneys seek rates ranging from $255-800 for lawyers and $120-150 

for paralegals. Plaintiff objects to the total amount as “unreasonable or excessive,” but he limits 

those objections to purported deficiencies in “billing judgment” (more on this below). Nowhere 

in his response in opposition or dozens of pages of line-by-line objections does Plaintiff challenge 

the rate charged by Defendants’ attorneys. 

Defendant Joffe’s attorneys (and paralegal) are the only ones not to have discounted their 

rates. Defendant Joffe’s lead attorney, Mr. Tyrrell, seeks his “ordinary non-local rates,” on the 

grounds that he qualifies for an exception applicable to attorneys with “extensive prior experience 

with a particular factual situation.” (Id. at 252 n.1); see also Barnes, 168 F.3d at 438 (stating that 

non-local rates may be acceptable if attorney had “extensive prior experience with a particular 

factual situation,” but refusing to apply that exception where no obvious savings or efficiencies 

resulted). While Plaintiff does not object, I refuse to apply the Barnes exception where it is not 

obvious that Defendant Joffe’s attorneys provided any significant gains in efficiencies. Compare 

(Application at 283) (Defendant Orbis Business Intelligence Ltd.’s attorneys, who raised a 

successful personal jurisdiction challenge, seeking fees for about 90 hours) with (id. at 251) 

(Defendant Joffe’s attorneys, who also raised a successful personal jurisdiction challenge, seeking 

fees for about 208 hours). Moreover, Mr. Tyrell’s declaration (Application at 251) speaks to his 

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purported prior knowledge, not that of Defendant Joffe’s other attorneys and paralegal who also 

seek their non-local rates. Accordingly, in considering the Johnson factors, the discounted rate of 

the other attorneys in this case, and my own experience, I will discount Defendant Joffe’s 

attorneys’ and paralegal’s fees. See Appendix A at 5.

I find the rest of the rates charged by Defendants’ attorneys reasonable. See generally

Appendix A. In reaching this conclusion, I considered my own experience, the Johnson factors, 

and what reasonably comparable attorneys in a similar case in this legal community might be 

expected to charge. Plaintiff’s lack of objection further supports the reasonableness of the rates. 

Given that there are dozens of attorneys, I will refrain from explaining my reasoning for each and 

every one of them—although I have considered them all. In reference to the Johnson factors, I 

considered the complexity of the allegations leveled by Plaintiff and the skill it required to 

succinctly respond to each allegation with well-reasoned arguments. In my view, this case 

required excellent lawyering to defend against the overwhelming number of convoluted allegations 

and frivolous claims raised by Plaintiff. Indeed, these lawyers are some of the best in the country,

and accordingly charge top dollar (as evidenced by the rates actually paid by Defendants). In their 

ranks are litigators that have argued, and won, several cases before the U.S. Supreme Court; served 

in positions of great significance in government; graduated from and taught at prestigious law 

schools; clerked for federal district courts, circuit courts, and the U.S. Supreme Court; and obtained 

victories for their clients to the tune of billions of dollars. (See, e.g., Application at 9, 53, 56, 105, 

209).

Having set reasonable rates for the lawyers involved (See generally Appendix A), I now 

move on to evaluating the time they spent on their work in this case.

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2. Hours Reasonably Expended 

In determining the number of hours “reasonably expended,” the Supreme Court requires 

fee applicants to exercise “billing judgment.” Hensley, 461 U.S. at 434 (citations and quotations

omitted). Therefore, attorneys “should make a good faith effort to exclude from a fee request 

hours that are excessive, redundant, or otherwise unnecessary.” Id. “This must necessarily mean 

that the hours excluded are those that would be unreasonable to bill to a client and therefore to 

one’s adversary irrespective of the skill, reputation or experience of counsel.” Norman, 836 F.2d 

at 1301 (emphasis in original). “Redundant hours generally occur where more than one attorney 

represents a client,” but in such cases attorneys may still be compensated “if they are not 

unreasonably doing the same work.” Id. at 1302. 

Where—as is the case here—“fee documentation is voluminous . . . an hour-by-hour 

review is simply impractical and a waste of judicial resources.” Loranger v. Stierheim, 10 F.3d 

776, 783 (11th Cir. 1994); see also Fox v. Vice, 563 U.S. 826, 838 (2011) (explaining that “trial 

courts . . . should not, become green-eyeshade accountants. The essential goal in shifting fees (to 

either party) is to do rough justice, not to achieve auditing perfection. So trial courts may take into 

account their overall sense of a suit, and may use estimates in calculating and allocating an 

attorney’s time. And appellate courts must give substantial deference to these determinations, in 

light of ‘the district court's superior understanding of the litigation.’”). Notwithstanding, I am 

mindful of this Court’s obligation to “produce an order on attorneys’ fees that allows for 

‘meaningful review.’” Barnes, 168 F.3d at 428.

Here, the fee documentation is certainly voluminous. See, e.g., Padurjan v. Aventura 

Limousine & Transp. Serv., Inc., 441 Fed. Appx. 684, 687 (11th Cir. 2011) (“The more than 

$200,000 [the movant] seeks in attorneys’ fees is indication enough that this case is voluminous.”). 

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Defendants’ Application seeks over a million dollars in fees, is 304-pages long, and includes 

hundreds of time entries by dozens of lawyers. 

In response, Plaintiff raised line-by-line objections by way of tables at the end of each 

exhibit. (See generally Corrected Objections). The tables, while not descriptive in any meaningful 

way, do identify objected to entries under the following categories: block billing, duplicative, 

excessive, vague, and clerical. Accordingly, I will balance the aforementioned competing 

directives—not to attempt “auditing perfection” yet still allow for “meaningful review”—by 

analyzing a mostly random selection36 of Plaintiff’s “billing judgment” objections under each of 

his categories. The entries excerpted below serve as a representative sample of the entries that I 

examined and the reasoning applied therein. 

C. Objections

1. Block Billing 

Plaintiff’s objections to block billing are largely overblown. It is true that lawyers should 

avoid block billing (i.e., billing for several tasks in the same time entry) to, at least in this context, 

allow a court to ascertain the number of hours reasonably expended per task. The degree of block 

billing identified by Plaintiff simply does not rise to a level that merits an across-the-board cut of 

hours. However, I am inclined to cut back in individual cases if the block billing spanned several 

hours and included numerous tasks. See, e.g., Barnes, 168 F.3d at 429 (“The records often lump 

together all the tasks performed by an attorney on a given day without breaking out the time spent 

on each task.”). 

By way of example, Plaintiff objects to the following entries for block billing: 

36 For “block billing” and “excessive,” I focused primarily on entries with unusually high amounts 

charged. The logic being that such entries were more likely to yield examples of improper block 

billing or excessive billing. 

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1) Review & revise defendants’ draft reply brief; review Trump’s opposition brief; 

emails re: draft reply brief. 

(Application at 122) (8/10/2022, 3.9 hours, $2,145).

2) Review Trump amended complaint; review previous motions practice; review 

draft portion of motion to dismiss Trump amended complaint; discussion with A. 

Eisen re: draft motion to dismiss.

(Id. at 241) (6/28/2022, 5 hours, $3,500).

3) April 2022: Confer and strategize via email and telephone with counsel regarding 

case, initial appearances, local rules, and complaint; review complaint; review 

draft motion to dismiss; draft and file pro hac motions; review and file response to 

motion to expedite. 

(Id. at 21) (4/1/2022, 15 hours, $9,375). 

The first two examples do not merit a reduction in hours. The second tows the line, but I 

find that even if the timekeeper had entered those times separately, five hours would nonetheless 

be reasonable. This same reasoning applies to the first example and to all of the other objections 

for block billing that I looked at. The third, however, is the sort of block billing that requires a 

reduction in hours because it is impossible for the Court to accurately divvy up the time per task 

in a reasonable manner. The timekeeper for this entry is Attorney Markus. A closer look at his 

time entries revealed a similar pattern. I note however that as local counsel, his role was not as 

susceptible to itemized billing and his total hours were not substantial. But I will cut his hours by 

15%. See Appendix A at 2.

2. Duplicative 

Plaintiff’s objections for “duplicative” time entries are not presented in a way that allows 

this Court to properly review and analyze them. Plaintiff’s table simply points out entries that he 

believes are “duplicative” but does not say what it duplicates. Instead, Plaintiff leaves it up to the 

Court to piece together a cogent series of objections. I refuse to do so. But even when I reviewed

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the relevant time entries with an eye for duplicative billing, I did not find any unreasonable billing 

that merits a cut in hours.

3. Excessive

Plaintiff objects to, among others, the following time entries as “excessive”:

1) Review draft DNC motion to dismiss brief and share with RAK for final review

(Application at 76) (5/6/2022, 2.3 hours, $1,610).

2) Reviewing amended complaint; reviewing, editing draft brief.

(Id. at 24) (7/7/2022, 5.5 hours, $3,850). 

3) Review & revise motion to dismiss brief re: Trump lawsuit; emails to & from I. 

Garcez, A. Lopez re: same

(Id. at 118) (5/4/2022, 2.9 hours, $1,595).

Plaintiff’s objections are unconvincing. It is no surprise that these lawyers, when responding to 

such an egregious example of shotgun pleadings and subsequent opposition, had to spend 

numerous hours thoroughly analyzing the allegations and crafting exhaustive responses. I find 

these time entries, and others like it, reasonable.

4. Vague

“[T]he general subject matter of the time expenditures ought to be set out with sufficient 

particularity so that the district court can assess the time claimed for each activity.” Norman, 836 

F.2d at 1303. Notwithstanding, the court can rely on “its own knowledge and experience . . . and 

may form an independent judgment” when determining the reasonableness of fees. Id. Plaintiff 

objects to the following time entries as “vague”:

1) Review complaint and continue revisions to [redacted].

(Application at 65) (4/6/2022, 4.5 hours, $3,150).

2) Research [redacted].

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(Id. at 79) (5/18/2022, 1.7 hours, $637.50).

3) Miscellaneous communications, including with client and other counsel, regarding 

status of matter, ongoing coordination, and related matters; review and analyze 

materials re: same.

(Id. at 275) (7/19/2022, 1.4 hours, $1,435.50).37 

The first and third time entries provide sufficient detail to overcome an objection for being vague. 

The same is true for almost all other time entries viewed under this category. Only the second 

time entry rises to the level of being vague. The timekeeper for the second entry is Attorney 

Turner. A closer look at her time entries revealed a similar pattern. While I find Attorney Turner’s 

total hours to be relatively low, I will cut her hours by 15% to account for the handful of vague 

entries. See Appendix A at 2.

5. Clerical 

Consistent with the idea that, “the hours excluded are those that would be unreasonable to 

bill to a client and therefore to one's adversary irrespective of the skill, reputation or experience of 

counsel,” Norman, 836 F.2d at 1301 (emphasis in original), lawyers should not (in the interest of 

reducing fees) bill their clients for clerical work that a non-lawyer could just as well do. 

It appears that Plaintiff’s only objections under the category of “clerical” (totaling $390) is 

for work done by Ms. Dietrich, a “Senior Case Manager,” a role akin to a paralegal. (Corrected 

Objections at 33-35; 56; 92). Ms. Dietrich’s hourly rate is $150, a reasonable rate for paralegals. 

(Application at 58). Billing a client for clerical work done by a non-lawyer related to its case is 

completely reasonable and expected. 

37 This is Mr. Tyrell’s non-local rate. For the reasons explained above, I am reducing it to $700. 

See Appendix A at 5.

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D. Adjustment Of The Lodestar

The lodestar in this case is $937,989.39. See Appendix A at 1. Having determined the 

lodestar, the Court must next “consider the necessity of an adjustment for results obtained.” 

Norman, 836 F.2d at 1302. The Parties have not argued for an adjustment, and I do not find one 

to be necessary. 

Relatedly, however, I find that apportionment of the lodestar is necessary. The amount of 

fees awarded in this case, while reasonable, is substantial. As such, joint and several liability (a 

presumption under Rule 11, but not here) would be inappropriate. Cf. Fowler v. Ritz-Carlton Hotel 

Co., LLC, No. 3:10-CV-884-J-34JRK, 2016 WL 11468583, at *7 (M.D. Fla. Aug. 2, 2016)

(apportioning fee based on ability to pay). The parties that bear the brunt of the responsibility for 

the sanctionable conduct—Plaintiff and his lead attorney—should be jointly and severally liable 

for the sanction. The Rule 11 sanctions that I imposed on the other lawyers in this case (See DE 

284) is sufficient. See Gallop v. Cheney, 667 F.3d 226, 231 (2d Cir. 2012), as amended (Feb. 3, 

2012) (vacating sanctions against local counsel due to level of involvement). 

Accordingly, Plaintiff Donald J. Trump and Plaintiff’s lead attorney—Alina Habba, and 

Habba Madaio & Associates—are jointly and severally liable for the total amount. 

IV. CONCLUSION

For the forgoing reasons, and having carefully considered the record, the written 

submissions of the Parties, and applicable law, it is hereby ORDERED AND ADJUDGED that:

1. Defendants’ Joint Motion for Sanctions (DE 280) is GRANTED.

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2. Plaintiff Donald J. Trump and Plaintiff’s lead attorney—Alina Habba and Habba Madaio 

& Associates—are jointly and severally liable for $937,989.39.

38

SIGNED in chambers at West Palm Beach, Florida this 19th day of January, 2023. 

Donald M. Middlebrooks

United States District Judge

cc: counsel of record 

 

38 “[S]anctions must never be hollow gestures: their bite must be real.” Martin v. Automobile 

Lamborghini Exclusive, Inc., 307 F. 3d 1332, 1336 (11th Cir. 2002). But for the bite to be real it 

must be an amount a person can pay. Id. I believe the monetary sanctions imposed here are well 

within Plaintiff and Plaintiff’s lawyer ability to pay, and therefore I have not thought it necessary 

to conduct an intrusive inquiry into their finances. However, should Plaintiff or Plaintiff’s lawyer 

(and law firm) believe that the amount would seriously jeopardize their financial status, see, e.g., 

Baker v Alderman, 158 F. 3d 516 (11th Cir. 1998), that individual or firm should file within ten 

(10) days of this Order, under seal, a verified statement of net worth which includes assets and 

liabilities. In the event of such a filing, the obligation of that individual or law firm will be tolled 

until further order of the Court. 

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