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Thomas Retzlaff

2402 E. Esplanade Ln.

PO Box 46424

Phoenix, Arizona 85063-6424

210-317-9800

Retzlaff@texas.net

June 28, 2020

The Honorable Mark Lane

U.S. Magistrate Judge

501 West 5th Street, Suite 7400 

Austin, Texas 78701

Re: Cause No. 1:20-MC-00657-LY; Van Dyke v. Retzlaff; in the U.S. 

District Court for the Western District of Texas.

EMERGENCY NOTICE OF DEPRIVATION OF DUE PROCESS BY FAILURE 

TO SERVE

Requested Relief: (i) Order that Movants Properly Serve Documents

(ii) Extend Due Date for Response to Motions to 

Quash

 

Dear Judge Lane:

The heart of constitutional Due Process is notice and an opportunity to 

adequately respond to requests for relief by opposing parties. Thus far in the 

instant cause, I have received neither.

Neither movant James McGibney nor the United States of America has 

afforded me those basic rights in plaintiff Jason Van Dyke’s baseless 

$100,000,000.00 defamation suit against me. They know I am not—and 

cannot be1

—served with copies of pleadings, motions, or other papers through 

the CM/ECF system. Yet they continue to misleadingly imply to the Court in 

their certifications that I have been served.

1 When I asked to be added to the service list, Courtroom Deputy Katherine Wallace 

advised, “Currently, only admitted attorneys who have made an appearance on a case through a 

pleading can be added for ECF notifications.”

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Here is one example:

The rule limiting ECF notifications to attorneys who have made an 

appearance does not exempt the movants in this case from serving me. I am 

entitled to seven days to respond to movants’ motions to quash. L.R. CV7(e)(2). I respectfully ask the Court to order all parties to properly serve me 

and to make clear in the Court’s docket notes that the time for my response 

will start to run only after they have done so and I have been actually served.

Plaintiff, suspended Texas attorney Jason Lee Van Dyke, is the

mentally unbalanced leader of a violent white supremacist street gang called 

the Proud Boys. He sued me for allegedly calling him a “Nazi” and for filing 

a grievance against him with the State Bar of Texas after he started making 

threats of violence and murder against me and my family. Van Dyke is also 

suing me because he claimed I got him fired from a job as a felony prosecutor 

for the Victoria County District Attorney’s Office for exposing his racism.

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This lawsuit between Van Dyke and myself essentially involves 

whether or not state anti-SLAPP laws apply in federal court and it is presently 

before the U.S. Supreme Court for a decision on the denial of my anti-SLAPP 

motion while, in the meantime, the underlying defamation case goes forward. 

It is a case in which 40 of America’s largest news media organizations have 

filed Amicus briefs in my support. It is also a case that has caught the interest 

of President Trump and the attorneys who are representing him in his own 

Texas anti-SLAPP case which is presently pending before the U.S. 9th Circuit 

Court of Appeals in the Stormy Daniels case. Because my case is the first one 

before the Supreme Court, what happens to me also happens to the President

and myself and my attorneys have been in frequent communication back and 

forth with Pres. Trump’s legal team.

In discovery responses filed just last month in May, Van Dyke 

identified James McGibney as his “key witness” regarding Van Dyke’s $100 

million defamation claims about who has been posted certain things about 

him on the internet and in social media. Furthermore, Van Dyke stated that 

McGibney provided him with expert technical knowledge, research, 

investigation, and opinions as to the identity of the author of the “BV Files”

internet blog. McGibney claims that it was through his “research” and skills 

as an “internet sleuth” (whatever that is) that he was able to come to the 

EXPERT opinion as to who the identities are of the authors of this anonymous 

blog that is hosted overseas.

McGibney is also a white supremacist and is a close associate of Van 

Dyke.

According to the written discovery responses from Van Dyke, and from 

what he said in his May 28 deposition, James McGibney is the only source 

for this technical information.

The problem, your Honor, is that McGibney is totally unqualified to be 

rendering any kind of opinions whatsoever. He claims to have a Bachelor of 

Arts degree with a double major in Management Information Systems and 

Business Administration from a place called Chadwick University. But it 

turns out that Chadwick “University” is nothing but a diploma mill that was 

shut down by the government in 2007. A totally phony diploma from a fake 

school!!

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McGibney further claims to have a Bachelor of Science degree in 

Microcomputer Technology from Colorado Technical University. But it turns 

out that his B.S. degree is total BS, Judge Lane, as McGibney merely has a 

degree in criminal justice.

Finally, McGibney has previously claimed under oath (in a separate 

lawsuit involving him and myself), to having received certain computer 

training as a United States Marine (such as the supposed skill at being able to 

determine the name & address of a person based solely on their IP address, or 

uncovering the real identity behind anonymous Twitter accounts and such –

despite there being no Twitter or internet back in Sept 1992 when he enlisted

for 4 years as a private assigned to MOS 0151 – Admin Clerk).

McGibney and I have a history. Back in December of 2012, McGibney 

posted sexually explicit photographs of my young daughter, Brittany, on his 

Cheaterville.com website, along with defamatory statements claiming my 

daughter and I were in a long-standing incestuous relationship in which she 

later got pregnant and was forced to move overseas. McGibney also said that 

she and I had made sex videos and that I posted them on the internet!

This was not a post directed specifically at me as McGibney had never 

heard of me back then. This post about my daughter and her family members 

was typical of the things that McGibney would post about ALL of the little 

girls and young women posted on his website as a part of his “crowd sourced”

blackmail scheme, Judge Lane.

The more horrific and damaging the defamation by McGibney, the 

more likely it was that the girls and their families would give in to the 

extortion and pay up!!!

The reality, Judge Lane, is that my daughter was but one of over ten 

thousand young girls (and some men!) posted by McGibney on his revenge 

porn websites who were victimized by his sexual blackmail scheme, whereby 

McGibney would charge these girls $499 to ransom back their intimate photos 

and remove the defamatory comments.

He has been sued at least 4 times in federal court for blackmail, 

extortion, and defamation.

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1. Powers v. Cheaterville.com & McGibney; Case # 2:13-cv01701-JAM- CKD, filed in the U.S. District Court for the Eastern 

District of California dated August 16, 2013.

2. Quainoo v. McGibney & Cheaterville.com; Case # 1:14-cv00674-JKB, filed in the U.S. District Court for the District of Maryland 

dated March 7, 2014.

3. Holmes v. ViaView, Inc. & McGibney; Case # 1:13-cv-04270-

HLM, filed in the U.S. District Court for the Northern District of 

Georgia dated May 28, 2014.

4. Baldwin v. McGibney & ViaView, Inc.; Case # 1:14-cv-23941-

PCH, filed in the U.S. District Court for the Southern District of Florida 

dated December 7, 2015.

--- Tweet from James McGibney to a woman who had asked him to please 

have a heart and remove her daughter from his website.

Furthermore, once McGibney found out that I was making complaints 

to governmental regulatory authorities, advertisers, and to his internet hosting 

company, he then turned around and filed a series of SLAPP lawsuits against 

me!

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1. Case No. 067-270669-14; James McGibney and ViaView, Inc. v. 

Thomas Retzlaff, et al; In the 67th Judicial District Court of Tarrant 

County, Texas; filed February 19, 2014. Resolved in Retzlaff’s favor. 

See McGibney v Rauhauser, 2014 Tex. App. LEXIS 13290 (Tex. 

App.—Fort Worth 2014, no pet.).

2. Case No. 2014-1-CH-005460; ViaView, Inc. v. Thomas Retzlaff; 

In the Superior Court of Santa Clara (Calif) County; filed March 17, 

2014. Resolved in Retzlaff’s favor. See ViaView v. Retzlaff (2016) 1 

Cal.App.5th 198.

3. Case No. 5:14-cv-01059; James McGibney & ViaView, Inc. v. 

Thomas Retzlaff, et al; In the U.S. District Court for the Northern 

District of California – San Jose Division; filed March 6, 2014. 

Resolved in Retzlaff’s favor. See McGibney v. Retzlaff, 2015 U.S. 

Dist. LEXIS 79434 (N.D. Cal., June 18, 2015).

In the Fort Worth case, on December 30, 2015, McGibney was ordered 

to pay over $1.3 million in sanctions and attorney’s fees for violating the 

Texas anti-SLAPP statute. At the time, it was a record for Texas. However, 

that judgment was reversed on appeal and a new sanctions hearing has been 

ordered, which we are right in the middle of as we speak today.

McGibney (who had two Hollywood PR firms on retainer – Lexicon 

Public Relations & ZTPR) has for years openly bragged in media interviews

across the planet to being a member of the illegal hacking groups Anonymous

and The Rustle League and, in an article recently published in Al Jazeera 

America, he claimed to have an Online Army of Trolls at his beck and call.2

Since movant James McGibney first sued me for defamation over 6 

years ago, he and his “online army of trolls” have filed a series of false reports

with the FBI and other law enforcement agencies claiming that I am a member 

of ISIS and the Aryan Brotherhood, that I possess illegal machine guns, that I 

2 In fact, no less than THREE “troll army” associates of James McGibney are presently doing hard 

time in federal prison for computer hacking and cyberstalking type crimes. Matthew Keys (Case # 2:13-

cr-00082 in the E.D. of Calif), Deric Lostutter (Case # 5:2016-cr-00062 in the E.D. of Ky), and Justin

Liverman (Case # 1:16-cr-00313 in the E.D. of Va). And one associate, Christopher Doyon (aka

“Commander X”) is still on the run from the FBI today (Case # 5:11-cr-00683 in the N.D. of Calif).

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make pipe bombs, and that I am “stalking” and “harassing” McGibney. 

McGibney and his “troll army” further claim that I am in a conspiracy with at 

least ten other individuals to ruin his revenge porn company, ViaView, Inc.,

murder his family, and “cyberstalk” his lawyer: Neal Rauhauser, Lane 

Lipton, Lora Lusher, Jennifer D’Alessandro, and five “Jane Does.” (These 

were all my co-defendants in McGibney’s failed federal and state SLAPP 

suits.)

Later on, McGibney and his attorney John Morgan would claim that the 

conspiracy with me was even larger and that California attorney Sue Basko 

was also involved, along with a Los Angeles County Deputy District Attorney 

named Patrick Frey, a former AUSA named Ken White, Beaumont, Texas, 

attorneys Mark Sparks, Brent Coon, and Joe Fisher, Jefferson County (Texas) 

District Attorney Bob Wortham, Texas State District Court Judge Layne 

Walker, US Magistrate Judges Zack Hawthorn & Keith Giblin (ED of TX), 

Chief Justice Steve McKeithen of the Beaumont Court of Appeals, Noelee 

Reed of the Tex. Commission for Lawyer Discipline, some local sheriff in 

Texas whose name I forgot, and several other random people, to include 

Houston attorney Jeffrey Dorrell and all of the senior partners of the Hanszen 

Laporte law firm.

Prior to my being sued, I had never heard of these people before in 

my life. But based on lies told to the FBI by McGibney and his “troll army”, 

myself and my family members have been “swatted” four times: (1) October 

20, 2015; (2) June 14, 2017; (3) September 26, 2017; and, (4) June 12, 2018.

Not so coincidently, Judge Lane, each of those days matches up with 

important court events or hearings in each of the three SLAPP suits McGibney 

had filed against me!!!

But now, when McGibney has gotten served with a federal subpoena 

demanding his appearance at a deposition to give evidence about his eDetective / cyber-sleuthing skills regarding his claimed identification of me 

as being behind anonymous internet comments that are at the heart of this 

$100 million federal lawsuit that indirectly affects the President of the United 

States, we have McGibney and some random FBI guy in Phoenix named 

Walker Wicevich trying to claim that the subpoena needs to be quashed 

because “James McGibney is a cooperating FBI witness in the ongoing 

criminal investigation against Mr. Retzlaff and others.” My response, your 

honor, is: So what?

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I would point out that the claim that I am the subject of an “ongoing 

criminal investigation” “with others” has long since been discredited. 

Specifically, I recently had an on-the-record communication with a very 

senior Special Agent assigned to the FBI’s National Security Squad who 

specifically told me that:

This isn’t a case. This is not a case. I can tell you right now, I have 

nothing open. I’m the guy that gets to determine whether or not it 

does get opened as a case, and this is not getting opened as a case. 

This is nothing. This is a complaint that came in that has no merit. 

I’m shutting it down. There’s nothing here. So don’t worry about it. 

We are not actively investigating you nor are we going to. There’s 

nothing here to substantiate that. I mean if anything, it would be 

against him [McGibney], not against you. But we don’t have 

anything here we’re opening up, so don’t be concerned about it. This 

is done.

This same individual (whose identity will be revealed to you at the 

hearing in camera so as to avoid this person being retaliated against) also had 

a similar conversation with my lawyer, Jeffrey Dorrell of the Hanszen Laporte 

law firm in Houston. Again, this was all on-the-record and you shall be 

provided with the communications.

What Walker Wicevich and James McGibney are trying to do is conceal 

from the court, and the American public, evidence that Wicevich has been 

feeding McGibney insider information from the FBI about his enemies, which 

McGibney then uses to his advantage in his internet defamation campaigns 

and in his lawsuits against me.

While it is true that a search warrant was executed on June 12, 2018, at 

a residence in El Mirage, AZ, it was at my son’s house. I happened to be 

present and, while it is true that Wicevich did not share any of the specific 

details of the investigation with me, he (and others there) did confirm that it 

was James McGibney “and others” who were behind the search warrant.3

 

Wicevich then attempted to start questioning me. But when I pointed out to 

3 I am not prepared at this time to state whether or not there are video/audio recordings of the entire 

events of June 12, 2018, from start to finish, from each of the rooms inside that residence.

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Wicevich that I was represented by counsel – and he knew that – he stated that 

“Dorrell is only a civil attorney” implying that did not count and that I really 

ought to talk to him anyways. When I asked for Wicevich’s name (because 

at the time I did not know who he was and neither he nor any of the other 

agents with him had shown me any identification), he provided me with a fake 

name. When I asked him the name of the AUSA who has handling this matter, 

he again provided me with a fake name. When I asked for his busines card, 

he claimed he was out and, furthermore, so where all the other agents.

The only reason why they were at the house was because of things told 

to them by McGibney and his “troll army”.

The information was later confirmed through other sources, who were 

able to identify the individuals involved.

Both AUSAs Kristina Baehr and Aimee Cooper have been made 

personally aware that there is an investigation being conducted by the Dept of 

Justice’s Office of Inspector General into allegations that Wicevich provided 

McGibney with insider access to confidential information and documents 

(such as 302’s, search warrant applications, returns on search warrants, 

advance warning about a search warrant to be performed, and, on the day of 

the search, Wicevich keeping McGibney apprised as to the developments in 

near ‘real time’), which McGibney used to his advantage in court against me.

Both AUSAs Kristina Baehr and Aimee Cooper are in possession of 

exculpatory evidence (Brady material, for lack of a better word) that 

establishes that McGibney has repeatedly fabricated evidence regarding me 

and his claims of online harassment / cyberstalking, and evidence that 

establishes that McGibney has falsely testified under oath about his “cyber 

sleuthing” and USMC training and qualifications (which McGibney used to 

persuade a judge to grant him a restraining order against me). 

Both AUSAs Kristina Baehr and Aimee Cooper and Wicevich have 

personal knowledge that McGibney committed perjury in an October 10, 

2014, affidavit he submitted to the federal court in his lawsuit against me, 

McGibney v Retzlaff, et al., Case No. 5:14-cv-01059 (ECF# 69-7) in which 

McGibney makes false claims regarding the identities of anonymous Twitter 

users and social media accounts based upon his pretend USMC “cybersleuthing” skills. Included within that affidavit he specifically stated in 

paragraph 57 that “IP address 68.104.151.10 (ISP COX Communications) 

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was used to post Brittany Retzlaff on Cheaterville.com on December 24, 2012 

under the username ‘FranklinStud’.” McGibney even included a screen shot 

of what he claims is “evidence” of this posting from McGibney’s own 

computer database system. However, in a January 18, 2014, statement posted 

on McGibney’s own website, Bullyville.com, McGibney himself states that 

this Cheaterville post on Brittany was posted from a completely different IP 

address – IP address 96.44.189.98 (which belongs to the Dallas Fire Dept., 

Station #47). The Bullyville.com statement in question has the URL of 

http://www.bullyville.com/?page=articles&id=908 But when I called him out 

on this bullshit e-Detective nonsense and complained to the federal judge in 

San Jose, McGibney deleted the statement on his website (which you can see 

now goes to an empty page) and he substituted the Dallas FD’s IP address of 

96.44.189.98 with this other random IP address, which he then falsely claimed 

was mine!

But the point I am trying to make, Judge Lane, is that prior to June 

2018, Wicevich personally knew about all of these lies and fabricated 

evidence! The audit trail is what it is.

Furthermore, they have in their possession irrefutable evidence that 

McGibney has made false claims before about other people supposedly trying 

to kill him – all in an effort to drum up publicity and money for his ViaView 

company and websites.

The bottom line is that Wicevich gave McGibney confidential 

information and access to FBI information which then gave McGibney an 

unfair advantage over me in these lawsuits. Not to mentioned ruined my 

public reputation via McGibney’s scorched earth defamation campaign. And 

this is the reason why Wicevich and McGibney are frantically trying to quash 

this deposition subpoena, Judge Lane!

The fact that Wicevich provided this confidential information and 

documents to McGibney is not in dispute. The emails between them are what 

they are and the audit trials are irrefutable. 

Nor is there any dispute that that McGibney posted online what was 

supposed to be confidential FBI information / material regarding this 

supposed “investigation” on social media and his own Bullyville.com website 

and other ViaView owned sites.

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McGibney is not a law enforcement officer, nor is he an employee of 

the FBI. So why is Wicevich claiming in his Declaration (EFC 5-1) that 

McGibney is in possession of “FBI communications, FBI information, FBI 

materials, and FBI investigative methods and techniques that are unknown to 

the public”, but that are so super-secret that they cannot be disclosed by 

anyone, anywhere, under any circumstances? Are there not rules within the 

Dept of Justice regarding this kind of stuff promulgated by the Attorney 

General? If Wicevich wants to claim that McGibney is a CI, then where is 

the registration paperwork? I would be deeply curious to see the Initial 

Suitability Report and Recommendation, and to know which Field Manager 

signed off on such nonsense as they need to have their head examined!

Remember, Judge Lane – McGibney is separately suing me for 

“millions of dollars” in a lawsuit in Fort Worth in which these claims about 

online defamation and his “cyber sleuthing” skills are at the heart of the case. 

McGibney himself choose to step into the courtroom, a public forum, to air 

his real and imagined grievances against me “and others” whom he claims are 

all conspiring against him!

Remember, also, that I am a defendant in a $100 million lawsuit in 

which McGibney and his “cyber sleuthing” claims about me and the internet 

are at the heart of my defense in this case. It is a violation of my Sixth 

Amendment rights not to allow me to confront this witness and his 

“evidence.”4

Prior to June 18, 2018, Wicevich and the FBI had personal knowledge 

of the fact that McGibney has lied about his education and technical 

knowledge and skills under oath, and that he used those lies to persuade a 

local judge to grant him a Temporary Restraining Order against me in San 

Jose, CA (which was later reversed on appeal). Wicevich also had personal 

knowledge that McGibney had fabricated much, if not all, of the claimed 

“electronic” evidence against me, or that it was simply created as a result of 

actions taken by members of McGibney’s Online Army of Trolls (the people 

in those illegal hacking groups I told you about). Wicevich also knew that 

McGibney had repeatedly fabricated other “death threat” / “cyberstalking” 

4 As an interesting aside, in that Ft Worth lawsuit that McGibney filed against me, McGibney was 

noticed to appear at a deposition on June 26. However, he filed a motion to quash and, guess what, your 

Honor? Wicevich submitted a declaration in that case, too, claiming that McGibney should not be 

required to testify based on the same “he’s an FBI witness” nonsense that he is claiming in this case. 

Again, McGibney is the plaintiff in that case and I am the defendant!!!

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claims involving other individuals, and that McGibney used those false claims 

to get an advantage in his separate legal actions involving: (1) Hunter Moore, 

(2) Eric S. Chanson, (3) Kevin C. Bollaert, (4) Chance Trahan, (5) Craig 

Brittain, (6) Jon Gosselin, (7) Michael Crook, (8) Joseph Camp, and (9) James 

Duffy (to name but a small few).

Most importantly, your Honor, Wicevich had personal knowledge prior 

to June 2018 that the witness, James Alexander McGibney, had been 

ORDERED to pay over $1.3 million in sanctions and attorney’s fees as a 

result of that SLAPP lawsuit he filed against me in Fort Worth (the one 

McGibney was supposed to appear for a depo at on June 26). The judge 

signed the order on December 30, 2015. Since then, because the appellate 

court reversed that award and ordered a new sanctions hearing (which is 

literally taking place as we speak), McGibney and his “troll army” have had 

every reason in the world to try to discredit me, make false police reports 

about me, defame me, fabricate evidence about me, and to get others to assist 

them with this.

McGibney has hired people to conduct physical surveillance on me and 

my family in the Phoenix area and to try to dig up personal documents and 

information (to include, I suspect, my daughter’s medical & psych records). 

McGibney then passed on this information, and information he obtained 

from Wicevich, all to Van Dyke which Van Dyke then used for his own 

nefarious purposes!5

The fact that Wicevich provided this confidential information and 

documents to McGibney is not in dispute. The emails between them are what 

they are and the audit trials are irrefutable – and he basically admits as much 

in his declaration! Nor is there any dispute that McGibney posted online what 

was supposed to be confidential FBI information / material on social media.

Plainly, your Honor, McGibney has certainly every reason in the world 

to want to sabotage my defense in this $100 million lawsuit involving Van 

Dyke. Thus, I am entitled to explore this in his deposition.

5 For the past 18 months, Wicevich has had in his possession an audio recording made by an FBI 

informant in the home of plaintiff Jason Lee Van Dyke plotting with other gang members to assassinate 

myself, my attorney Jeffrey Dorrell, and a Dallas area dentist named Dr. Ryan Daniel! Yet Wicevich took 

no steps to warn me or any of the other targets, which also included a state bar prosecutor and a Denton 

(Tex) City Councilwoman. The DOJ-OIG is currently investigating this.

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Your Honor, James McGibney is trying to portray himself as the victim 

in all of this. But he is the one who filed a bunch of SLAPP lawsuits against 

me and he lost – and has been ordered to pay massive sanctions as a result.

Furthermore, McGibney’s internet defamation against me continues 

unabated to this very day! Between August 1, 2019, and September 13, 2019, 

on websites and social media accounts belonging to McGibney, he has been 

making false, defamatory claims that:

1. I am a registered sex offender.

2. I am a convicted sex offender.

3. That I have failed to register as a sex offender in both Arizona 

and Texas.

4. I am a convicted rapist.

5. I am a convicted pedophile.

6. I went to prison in Texas for sexually assaulting my wife.

He has also been falsely claiming that my attorney, Jeffrey Dorrell, is a 

homosexual pedophile and a drug addict, and McGibney has made threats to 

hack into the computers and email servers of the Hanszen Laporte law firm 

and put child porn in them!! 

McGibney likes to buy up websites in the names of all of his enemies 

and their family members, which he then uses as a part of his online smear 

campaign. He bought up the domain JeffreyDorrell.com and used that to 

post these horrible defamatory claims about my lawyer and the law firm 

representing me!

And Wicevich has personal knowledge about all of that, Judge Lane!!! 

Which is why I demand that you ORDER McGibney to appear for the hearing 

on the motion to quash so that he can be questioned by me, and by you, in 

open court.

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Long before there was a Tom Retzlaff, McGibney was making claims 

that people were threatening him and trying to kill him (James Duffy, Hunter 

Moore, and Neal Rauhauser come to mind). But like Tawana Brawley, 

Morton Downey, Jr., Crystal Mangum, Ahmad Saad Nasim, Kerri Dunn, Meg 

Lanker-Simons, Dauntarious Williams, Anna Ayers, Adwoa Lewis, Nikki 

Yovino, Marquie Little, Nathaniel D. Nelson, Floyd Elliott, Julia Ezell, Nikki 

Joly, Jason Lee Van Dyke, and Jussie Smollett, all of McGibney’s claims were 

total lies designed solely to gain sympathy and publicity for his websites. 

Wicevich knows about all the previous death-threat hoaxes, Judge Lane, and 

he damn well knows that Tom Retzlaff is not cyberstalking or making threats 

to murder James McGibney or his family. If McGibney, his family, or friends 

are getting stalked and harassed, no doubt he is doing it himself (via one of 

the many members of his Online Army of Trolls scattered about the country, 

I am sure, so as to have plausibility deniability).

--- Tweet posted by McGibney when he first added me to his list 

 of enemy targets.

McGibney’s claims and threats, Judge Lane, are not only harming Mr. 

Dorrell’s reputation and the reputation of the Hanszen Laporte law firm, but 

they are specifically intended to harm my legal representation and right to a 

fair trial.

For more than eight years James McGibney has been a high-profile

public figure (via his two Hollywood PR firms) embroiled in public 

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controversies involving online bullying, revenge porn, and white 

supremacism.

Judge Lane, I am absolutely certain you are familiar from law school 

with the defamation lawsuit filed by Rev. Jerry Falwell against Hustler 

Magazine in which he tried to sue over published claims he was a drunkard 

who was having sex with his mother in an outhouse. But did you know that 

in its first major free-speech decision of the 21st century, the U.S. Supreme 

Court extended the protection of free speech even further in Snyder v. Phelps, 

131 S.Ct. 1207 (2011) – a case involving the Westboro Baptist Church who 

was picketing funerals for military families and hollering stuff like, “God 

hates Fags” and “Fag troops.” 

The Snyder court vacated the damages award to the dead soldier’s 

father for intentional infliction of emotional distress, holding that Phelps’

speech was protected by the First Amendment – even though the Snyder’s 

were not public figures and had never sought publicity! The Snyder court 

found Phelps’ speech to be on “matters of public concern” – speech that 

“occupies the highest rung of the hierarchy of First Amendment values, and 

is entitled to special protection.’’ Id. at 1215. 

People are allowed to organize and conduct social and economic 

boycotts, public information awareness campaigns, contact employers and 

demand that people get fired for despicable acts involving white supremacism 

and revenge porn / blackmail, and demand that communities take action. I 

have no doubt that many people feel “stalked” or “harassed” by the BLM 

movement or the so-called “cancel culture” or the marching in the streets and 

statutes being pulled down.

Judge Lane, it is impossible to conclude that a court constrained by 

Snyder’s precepts could find that my alleged speech is anything other than 

constitutionally protected comment on McGibney’s controversial websites 

and business practices or on Van Dyke’s white supremacist activities. (It goes 

without saying the under Elonis v. United States, there is no case against me, 

either.)

In any event, I would request that you order your staff to please add me 

to the CM/ECF system so that I can receive notices about filings in this case 

and respond accordingly, and that you please re-set the time within which to 

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file a response to these motions to quash as I will be having a great deal to say 

about this stuff and you need to hear it so you can make the proper decision.

The claims by McGibney and Wicevich are merely old wine in new 

bottles. The taste has not improved. After proper service, an opportunity to 

respond with proper briefing, I would ask that you deny the motions to quash 

and order McGibney to sit down for his long-awaited deposition.

McGibney's first mistake was thinking that I would roll over while he 

sought a PR victory in his SLAPP lawsuits against me. 

His second mistake was bringing my family into this. Ever since my 

daughter was posted on his Cheaterville website 8 years ago, McGibney has 

been sexually obsessed with my daughter. He sends her repeated unwanted 

communications and demands that she provide him with personal information

he can use against me or he will not help her with the removal of her sex tapes 

and naked pictures from his websites and the internet.

This really has me super upset, Judge Lane. I am a former state and 

federal law enforcement officer. You have no idea just how unbelievably

angry that makes me. Not to mention sad and terribly disappointed. I grew 

up admiring the FBI and thinking that they were good people. But the cold 

hard reality is that practically everything President Trump says about them 

and the Dept of Justice really is true. It makes me sad for our country.6

The bottom line is that cyberstalking “victims” do not own websites in 

other peoples’ names that they then fill with horrible defamatory content. 

“Victims” do not pay strangers to conduct physical surveillance on their 

enemies. “Victims” do not call other peoples’ family members up at their 

work places and homes and then browbeat and threaten them into disclosing 

personal information “or else”. “Victims” do not try to provoke fist fights on 

the courthouse steps. “Victims” do not file SLAPP lawsuits and get ordered 

to pay sanctions & attorneys fees. “Victims” do not claim to hack into the 

computers of the defense attorneys and then threaten to put child porn on 

them.

6 Now that the cat is out of the bag and all of this is going public, I have no doubt that Wicevich and 

the DOJ will attempt to do damage control and drum something up in retaliation. If they can do it against 

General Flynn or U.S. Senator Ted Stevens, they can surely try to do it to me – but it won’t be easy!

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If you are going to be the victim, then be a victim. But you do not get 

to be a victim if you are, in fact, the perpetrator. James McGibney is clearly 

not just a perpetrator, but he is a predator, as well.

I thank you for your time and most kind assistance in this matter, Judge 

Lane, and I look forward to appearing in your courtroom so we can all hear 

what McGibney has to say for himself.

Respectfully,

__________________

Thomas Retzlaff

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CERTIFICATE OF SERVICE

I certify that on June 28, 2020, a copy of this document was delivered 

to the US District Court Clerk’s office by the electronic dropbox, which will 

automatically serve a Notice of Electronic Filing on all parties of record.

__________________

Thomas Retzlaff

Cc

Jeffrey Dorrell Charles Harder

Senior Partner Harder LLP

Hanszen Laporte Law Firm 132 S Rodeo Dr Fl 4

14201 Memorial Dr. Beverly Hills, CA 90212-2413

Houston, Texas 77079-6742

Jeffrey Ragsdale Michael E. Horowitz

Director and Chief Counsel Inspector General

Office of Professional Responsibility Office of Inspector General

Dept of Justice Dept of Justice

950 Pennsylvania Avenue, NW 950 Pennsylvania Ave, NW

Washington, DC 20530-0001 Washington, DC 20530-0001

Case 1:20-mc-00657-LY Document 11 Filed 06/28/20 Page 18 of 18