The “BGI” Theory, The Internet Extortionists’ Plan To Destroy It, And The Kendrick Johnson Investigation – Part 7

The Subpoena To Twitter For Account Information

 

subpoena-e1319119861324To recap:

On Twitter, after more than a year of having a protected account, in October 2015, David Piercy opened his account to public and tweeted to individuals that their Twitter account information was subpoenaed. The subpoena was issued by the attorney for the Bells, who filed a counterclaim alleging that Kendrick Johnson’s parents committed defamation and used “authorized agents” to commit defamation.  A day or so after Piercy tweeted his knowledge of the subpoena, 22 of the people whose handles are in the subpoena were notified by Twitter that their account information had been requested, including their IP addresses.

People began to wonder how David Piercy knew that their account information was subpoenaed before they were notified by Twitter.

Just before that happened, on October 16, 2015, the Department of Justice filed motions that were pending. One was a motion to intervene and the other was related; they wanted to intervene to request the court to stay proceedings in the civil case for 180 days in light of pending criminal prosecutions. If proceedings were stayed, then discovery was stayed and there would be no need for the 22 people to do anything other than wait for 180 days.

Thereafter, Piercy and several others on Twitter misrepresented the subpoena as a summons and attempted to intimidate those whose handles were subpoenaed to believe that they were being sued by the Bells for defamation. Subsequently, the court denied the DOJ’s motions.

On November 18,  2015, the ACLU filed an amici brief in the case.

What Has Happened

Piercy submitted a combined total of about 10 comments to my two blogs, arguing that the amici brief was not filed. He telephoned the clerk of the court and asked if an order had been entered granting the ACLU leave to file. He then misrepresented the call, saying that the ACLU had not filed a brief.   He also argued that Twitter had not come to court to quash the subpoena.

David Piercy is supposed to have received an Associate’s Degree as a paralegal. I did not want to give Piercy a lesson on third-party discovery procedures, so recommended that he speak with an attorney or use his school resources.  Now that the Bells have filed motions, I can address the proper procedure for when a party issues a subpoena to a third-party for information pertaining to non-parties. I am not a lawyer, and the following is information in the simplest terms.  It is not legal advice.  Anyone can feel free to contact a lawyer for verification or explanation.

Unless and until the party issuing the subpoena files a motion requesting the court to compel discovery, nothing happens.   When third-parties do not comply with subpoenas, they can allow them to collect dust because third-parties have no standing to come to court unless the party issuing the subpoena petitions the court to order them to come forth. It is also at that time when the court grants or denies amicus filers. In other words, there is nothing for the court to grant nor deny until and unless the party issuing the subpoena requests the court to compel compliance.

On December 14, 2015, attorneys for the Bells filed a response to the ACLU’s amici brief. In it, they apprised the court that Twitter responded to the subpoena to the Bells’ satisfaction. That filing however, does not stand alone. One of the 22 persons notified by Twitter that their account information had been subpoenaed responded by filing a Motion to Quash and for a protective order. Also on December 14, 2015, the Bells filed a response to that motion, setting forth that Twitter responded to the subpoena to the Bells’ satisfaction; that Twitter’s response did not include any documents pertaining to the person, and that the Bells do not intend to compel further production by Twitter.

When comparing the two motions, the Bells’ have apprised the court that Twitter responded and that they do not intend to compel Twitter to comply with the subpoena.

The word “responded” is not the same as “complied” and that is important to keep in mind when considering the Bells’ December 14, 2015 motions.

It is my understanding that discovery has been closed in that case. Also, I have it from a very reliable source that Twitter did not turn over any account information for any of the person’s whose handles are in the subpoena.  If anyone whose handle is in the subpoena has concern about this, don’t take my word, or Piercy’s word, but go directly to the source and contact Twitter.

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21 Responses to The “BGI” Theory, The Internet Extortionists’ Plan To Destroy It, And The Kendrick Johnson Investigation – Part 7

  1. Yeah peircy probably can’t tell the difference between complied & respond. He’s not the only one who’s threatened everyone & anyone who tweets about Kendrick that they’d be sued like “23” others. Those ppl apparently think David actually knows what he talks about. That’s funny to me. It confirms what most ppl think, only idiots would think Kendrick died by accident & that police dept did the perfectly legit thing by not investigating like they would have if it had been Brandon Bell instead of Kendrick found dead in a gym mat.

    • Xena says:

      “Yeah peircy probably can’t tell the difference between complied & respond.”

      Neither does he know the difference between a subpoena and a summons. Or, he does, and he hopes that those he tries to intimidate don’t know.

      Oh yes — I’ve seen the threats of being sued on Twitter directed at anyone who comments about the investigation into Kendrick’s death. It can be an inquisitive comment and the Bells do not have to be mentioned. That is generally done by DP who embeds a copy of the subpoena and misrepresents it as a lawsuit.

      • Yep David rushes to post that useless subpoena over& over!
        And nope, unfortunately there’s a couple of other Bell devotees. Like the one who just showed up less than 1min after I tweeted out this post! LMFAO!

  2. NavyDad0007 says:

    Thank You For writing this Xena.

  3. crustyolemothman says:

    We live in a world where people simply do not care about anyone other than their own little click, and whether we like it or not the world is full of DP’s and TKO’s! What is truly concerning is that if the POTUS is sold to trump then the Civil Rights Movement is doomed to be simply a footnote in history. Until that point all we can do is continue to fight for our fellow citizens right to enjoy the same treatment that many people have taken for granted. The DP’s and TKO’s of this country need to be exposed for what they are..

    Xena: feel free to edit this to make sense if you feel the need. 🙂

    • Xena says:

      Haha Mothman. No editing needed. You must have caught wind of TKO’s claim that I threatened to edit his comments. I edited his comments for punctuation to cover his shame. A period here, a comma there, and uppercase letter beginning a sentence was what I did for him. There are times when I remove inappropriate content, and I put in an Administrator’s note to that effect, but I never change the content of comments.

      I will say your comment another way — the Civil Rights Movement was doomed by the courts that have practically nullified the law by dismissing such lawsuits. I read one decision where a man alleged sexual harassment by his male employer. The federal district court judge found that the plaintiff was sexually harassed, but granted summary judgment for the employer. His reason for doing so was because the plaintiff did not prove that the sexual harassment was because of his gender. (WHAT!??? Right. Sigh)

      Now with social media, it opens an entirely new area involving First Amendment rights.

  4. crustyolemothman says:

    Xena, ” No editing needed. You must have caught wind of TKO’s claim that I threatened to edit his comments.” Ok, you are forcing me to admit that the real reason I suggested you edit my comment was because of the problem that I have with an advanced case of Terminal Old Age Disease, which sometimes causes me to not have the ability to put into writing all the little jumbled up thoughts that are rattling around in the space between my ears that formerly held brain tissue.

    One of the things that bothered me about TKO’s case against DP was that it was simply a case that even if won, would not accomplish anything productive. When you consider the fact that DP and his ilk are virtually judgment proof and actually has/had nothing to lose other than a little bit of his irrelevant time, why would you spend time and money to deal with him as was done? I would suggest that it is quite possible that the need for victimhood was and possibly still is the underlying motive in this whole fiasco? If a person were to look at both DP and TKO objectively, I think it is apparent that they are both cut from the same cloth and are both driven by the need to be seen as more important than either one of them qualifies for…. Self appointed Victims will always be victims in their own minds no matter how much they win or lose…

    • Xena says:

      Hey Mothman.
      We don’t want to talk about age and brain tissue. LOL!

      Re:

      “One of the things that bothered me about TKO’s case against DP was that it was simply a case that even if won, would not accomplish anything productive. When you consider the fact that DP and his ilk are virtually judgment proof and actually has/had nothing to lose other than a little bit of his irrelevant time, why would you spend time and money to deal with him as was done?”

      According to TKO, he went to court in Fresno because DP threatened to have him put in jail. He went to court in LA County for a restraining order because DP and his co-conspirators went after TKO’s wife to try to get her terminated from her job. They had accomplished that with others, so he had reason to take them seriously.

      The pending proceeding now is because DP violated the restraining order. I don’t think that anyone would have thought that the proceeding would still be going on after a year.

      About DP and TKO being cut from the same cloth? Based on what TKO has done since Nov. 22, 2015, I have to agree. At least DP and his co-conspirators are motivated by their racial ideologies. With TKO, his motivation appears to be control.

  5. lucy2389 says:

    The lesson here is not who it is but who it is not.

  6. Xena says:

    COMMENT TO DAVID PIERCY, aka (@L4W_STUD3NT)
    You can submit intimidating comments, but in my opinion, you’re the person who should watch your step. Your comments on the internet consistently demonstrate your racial animus, just like one you recently submitted here. Thanks for giving me more evidence as to why you harass and threaten people.

  7. NavyDad0007 says:

    David Piercy’s Threats are as stale & lame as he is.

    • Xena says:

      NavyDad,
      I don’t know why he thinks that he is qualified to litigate issues in cases that do not involve him. He is not able to prevail in cases nor appeals when he is a party. It’s not as if he was involved in one case and one appeal that was not to his favor. Rather, it’s ALL of his appeals.

  8. Xena says:

    Hey Piercy,
    Here’s something to think about. You had your attorney file motions in the contempt proceeding that the court denied. The Plaintiff requested costs for the time spent challenging those frivolous motions. So, why don’t you ask your attorney what the court decided and why? Make sure you ask him to explain to you why courts generally wait to award attorney fees to the “prevailing” party and if the status of lawsuits dismissed without prejudice have “prevailing” parties.

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