California Judge Slams Clark Baker & Drives Another Nail in the Coffin of OMSJ

It was just a few weeks ago that Clark Baker set up two separate GoFundMe type money begs (1, 2) asking for a total of $210,000 in donations for his “cause”. I wrote two separate posts (1, 2) detailing and factually documenting the many outlandish untruths in those money begs proving that Mr. Baker is desperate. (In my non-legal opinion, I believe a good case could be made that asking people to give another person such a huge sum of money on less than truthful grounds might very well constitute fraud. A felony. But that is just an amateur’s opinion.)

Mr. Baker mislead people into thinking that he was the victim of several different lawsuits brought by “corrupt doctors” and it was all a “proxy war waged by Dr. Robert Gallo” and funded by the entire “pharmaceutical industry” with the sole and singular purpose of destroying Baker’s reputation and OMSJ. Let’s just say that the word “humble” has never been used to describe Clark Baker. And if you, dear reader, believe any of Baker’s hype, I suggest you read more of this blog with an open mind, check my sources and you can start with this debunking summary of Baker’s dubious claims.

As I have reported before, Baker is the defendant in a lawsuit brought by Dr. Murtagh but it has absolutely nothing to do with HIV or AIDS or Big Pharma or even science in general and definitely nothing to do with Dr. Gallo. Dr. James Murtagh filed a complaint against Baker for: (1) intentional interference with contractual relations; (2) inducing breach of contract; (3) intrusion into private affairs; (4) injunction; (5) unauthorized commercial use of name/likeness; and (6) Civ. Code 3344.

Mr. Baker claimed that Murtagh’s suit was a SLAPP suit or Strategic Lawsuit Against Public Participation:

A lawsuit that is intended to censor, intimidate, and silence critics by burdening them with the cost of a legal defense until they abandon their criticism or opposition.[1]

The typical SLAPP plaintiff does not normally expect to win the lawsuit. The plaintiff’s goals are accomplished if the defendant succumbs to fear, intimidation, mounting legal costs or simple exhaustion and abandons the criticism. In some cases, repeated frivolous litigation against a defendant may raise the cost of directors and officers liability insurance for that party, interfering with an organization’s ability to operate.[2] A SLAPP may also intimidate others from participating in the debate. A SLAPP is often preceded by a legal threat. The difficulty is that plaintiffs do not present themselves to the Court admitting that their intent is to censor, intimidate or silence their critics. Hence, the difficulty in drafting SLAPP legislation, and in applying it, is to craft an approach which affords an early termination to invalid abusive suits, without denying a legitimate day in court to valid good faith claims.

Therefore Mr. Baker countered with an anti-SLAPP suit. Thankfully a sane, rational judge in California has seen through Mr. Baker’s bullshit, conspiracy-theory claim that big money is out to silence him and has awarded Dr. Murtagh $60,000 in attorney fees. Here are some of the highlights from the ruling:

I. Defendant’s anti-SLAPP motion was Frivolous:

…defendant’s made no showing that the claims were based on protected conduct and have produced virtually no evidence to support their anti-SLAPP motion.

The court also notes that the vast majority of Defendants’ objections (>90%) have been overruled.

  • Defendants’ Objections to Murtagh Declaration, overruled all 13 times.
  • Defendants’ Objections to Exhibits, overruled all 6 times.
  • Defendants’ Objections to Wallace Declaration, overruled 18 times, sustained 4 times.
  • Defendants’ Objections to Hiraide Declaration, overruled 9 times, sustained 1 time.

On 1/27/15 the Court denied defendants’ special motion to strike plaintiff’s complaint. The Court found that, although the alleged statements were made in a public forum, they did not pertain to a matter of public interest. (bolding mine)

The ruling judge also hinted that the plaintiff, Dr. Murtagh, could consider filing contempt and sanctions against Baker. That is some strong stuff.

This ruling against Baker as well as the other 3 losses Baker suffered to Murtagh and the three losses Baker suffered to me not only continues Baker’s 100% losing streak, it also shows that Baker is not on the right side of the law. And maybe this explains why a desperate man is being less than truthful in his donation requests. But again, why should anyone help financially bail out a man whose own mad ego drove him to ruin?

Clark Baker’s Second Fund Raiser Request is more Truth Challenged than the First

This is the second fund raising request set up for Clark Baker and OMSJ in the past few days. For each fund raiser there is a synopsis that describes why the funds are needed. In the first donation request I detailed six examples from the synopsis that where completely untrue proving that Baker is grossly misleading those individuals who might donate. While the numbers of untrue statements in the synopsis for the second fund raiser have decreased, the audacity of the misinformation has increased exponentially.

Clark Baker is claiming that the entire pharmaceutical industry is out to destroy him and OMSJ via a legal “proxy war” headed up by Dr. Robert Gallo:

…the pharmaceutical industry now wages a legal proxy war that could destroy OMSJ.

…disgraced HIV discoverer Robert Gallo MD uses activists like Jeffery Todd DeShong and James Murtagh MD to wage a legal war against Baker and OMSJ in hopes of destroying the organization and Baker’s reputation.

Robert Gallo’s proxy war has cost OMSJ more than $200,000 to defend itself from false claims, including two meritless lawsuits filed by Dr. Murtagh.

Just let that sink in for a moment. Clark Baker thinks he is so important that an entire industry is threatened by him and must resort to clandestine legal measures to stop him. Such delusions of grandeur and wild conspiracy theory rationale should give pause to anyone considering donating to this cause. However, if one does believe this could be true, let me explain why it is 100% false.

First

The most definitive way I can prove this is false is personal experience. I am Jeffrey Todd DeShong, the activist supposedly helping to wage a legal war against Mr. Baker. Although I was involved in a legal lawsuit with Clark Baker, it was Baker who waged the lawsuit. I was the defendant. The only part Dr. Gallo played in the suit was in Mr. Baker’s fantasy. As I have reported before, Mr. Baker told me during a phone call that he was going to sue me so that he could depose Dr. Gallo. After that phone call I found evidence where Mr. Baker expounded on this fantasy in a radio interview on The Robert Scott Bell Show dated July 14, 2011. Mr. Baker said the following:

1:22:56 CB: Actually Robert Gallo received a subpoena on one of our cases as well as last year. As did Sam Broder who is behind the AZT debacle and both of them basically forwarded their subpoenas to the NIH. The NIH stonewalls such subpoenas they don’t listen to State subpoenas. They simply ignore them. And it cost so much time and energy we basically learned in our future subpoenas to them they will be Federal Subpoenas. And Federal Courts don’t let the NIH ignore such things.

Mr. Baker filed a lawsuit against me in Federal Court after having already lost to me in arbitration. Mr. Baker lost all three points of the arbitration and was found guilty of Reverse Domain Hijacking, the arbitration equivalent of “bad faith”. Baker should have known after that ruling that suing me in Federal Court was a loser case and yet he did it solely as a vehicle to depose Dr. Gallo. Baker lost in Federal Court and then appealed and lost again. That was easily a $150,000 gamble that did not pay off.

If my goal was the economic destruction of Baker and OMSJ, my attorneys would have pressed for discovery and depositions instead of dismissal. The amount of billable hours for Baker’s attorneys during discovery and depositions could easily have quadrupled the above figure. Instead my pro-bono attorneys took the least expensive strategy of getting the case dismissed. From these indisputable facts it is obvious that Mr. Baker is being fundamentally dishonest. Baker is trying to manipulate others into paying for his ego-driven bad debt.

Second

The only other person Mr. Baker specifically names as part of this sinister, nefarious cabal out to destroy him via the legal system is Dr. James Murtagh. The synopsis states:

Robert Gallo’s proxy war has cost OMSJ more than $200,000 to defend itself from false claims, including two meritless lawsuits filed by Dr. Murtagh. Trial is set for October 2015, and OMSJ needs at least another $200,000 to defend itself.

This is also blatantly false. Dr. Murtagh is suing Mr. Baker to stop Baker’s systematic, 7 year harassment of his employment. Baker has set up several defamatory websites about Dr. Murtagh with the intent of employment harassment. The statement below is found on the home page of JamesMurtaghMDTruth.com (formerly JamesMurtaghMD.com and formerly JamesMurtaghMDPsycho.com) and also on Propagandists.org:

WELCOME to the unofficial page of James J. Murtagh, MD.  Its purpose is not to defame the former Emory University professor, but to provide hospitals and “locum tenens” staffing agencies easy access to publicly-available court documents about Dr. Murtagh’s ongoing conduct and behavior.  Visitors are encouraged to verify the authenticity of all documents with the appropriate judicial jurisdictions before making any hiring decisions based upon these court records.

That statement is painfully obvious why the websites exist and prove that Dr. Murtagh’s lawsuits are not “without merit”. They were to stop the on-going employment harassment. They have nothing to do with pharma, HIV/AIDS or Dr. Gallo. So far the courts have agreed with Dr. Murtagh and I have detailed three major losses Clark Baker suffered as a result of Dr. Murtagh’s legitimate suits.

Again, for Mr. Baker to make such fundamentally false claims shows just how desperate he is to manipulate people to donate and help get him out of a legal mess of his own making.

Third

Mr. Baker can not get his stories straight. The first funding site to benefit Sgt. David Gutierrez contradicts the information presented at Baker’s second funding site for OMSJ Defense. At the first site we see:

corrupt doctors working for so-called HIV co-discoverer Robert Gallo MD have filed a lawsuit and expensive motions in an effort to bankrupt OMSJ and prevent them from effectively defending Gutierrez.

Here Baker uses the plural “corrupt doctors” that are all working for Dr. Gallo in a coordinated effort to brind him down. But as you can see from the second funding site and what I have detailed here, it is just myself and Dr. Murtagh. That’s it. And when a person can’t keep their story straight and has to resort to exaggerations, misinformation and complete dishonesty to maniplate people out of their money, some tough questions need to be asked.

The truth is, Clark Baker’s reckless ego got him into a financial quagmire and he is asking others to bail him out to the tune of $200,000. The most egregious part of this request is that Mr. Baker does not have the personal integrity or respect for others to be honest about why he needs the money.

 

OMSJ Money Beg for Sgt. David Gutierrez; Distorted Facts and Outright Untruths

Oh how I wish I could use the “L” word to describe Clark Baker. But that would be legally actionable so I can only make the major understatement that he is less than truthful. Take for example Baker’s money beg in the name of OMSJ to allegedly help Sgt. David Gutierrez. The title alone has two false statements:

US Air Force veteran has been imprisoned in Fort Leavenworth since 2011 on false charges of exposing others to HIV. He’s not infected.

1. There were no “false charges of exposing others to HIV”. Gutierrez does have HIV and this fact was never disputed in court in the original trial. And on appeal, the defense supported this fact by discussing Gutierrez’s viral load. Also, Gutierrez had sexual, unprotected intercourse with women at swinger’s parties thereby exposing them to HIV. The defense even presented witnesses and witness affidavits supporting this fact.

2. “He’s not infected.” Gutierrez is infected with HIV. Again, this was never disputed in court and Baker proudly boasts that he thinks HIV tests are worthless, meaningless and fraudulent. This is even the cornerstone of his defense strategy.

The next two untruths are also about Gutierrez’s HIV infection:

3. Despite the fact that he was never competently diagnosed with HIV…

4. OMSJ found no evidence that he was infected with any infectious disease and found no evidence that he ever was.

Again, Mr. Baker has no credibility when it comes to HIV infection. He is an out and proud HIV Denialist. Mr. Baker has made it quite clear that in all the HIV cases he has (supposedly) worked on, he has never found one, single person to be “competently diagnosed with HIV”. Baker has also claimed that in each and every case, “OMSJ found no evidence of HIV infection”. These statements are not at all surprising coming from a man who claims that HIV tests are “worthless, fraudulent and meaningless”. Every time Mr. Baker makes some grand pronouncement that a defendant has “never been competently diagnosed with HIV” and/or “OMSJ found no evidence of HIV infection” only makes Baker look like the ridiculous hypocrite he is. If Baker doesn’t believe in the HIV testing methodology, then just what would it take to satisfy Mr. Baker regarding proof of infection?

This next statement is completely false:

5. Last February, the US Court of Appeals for the Armed Forces ruled in his favor 5-0, based upon the findings of OMSJ’s defense team.

This untruth is easily verifiable because there is an audio link to the court proceedings in the appeal. I have discussed the court audio previously and supplied a link to the audio. In this audio we clearly hear defense attorney, Kevin McDermott laying out his client’s defense using solid, current, orthodox science about HIV tests, the success of HAART in suppressing viral load and transmission rates. And you can read the judgement for yourself. The appeal ruling turns on transmission rates given by HIV expert Donna Sweet as well as supporting information from the Centers for Disease Control. It had absolutely nothing to do with “findings of OMSJ’s defense team.” That is complete non-sense.

NOTE: You can read all about the case at this military blog.

The last statement is a whopper of untruth:

6. At the same time, corrupt doctors working for so-called HIV co-discoverer Robert Gallo MD have filed a lawsuit and expensive motions in an effort to bankrupt OMSJ and prevent them from effectively defending Gutierrez.

This is completely false. Mr. Baker is involved in two lawsuits. The one he filed against me is over. Baker lost his last appeal. The only on-going part of our suit is an appeal my attorneys initiated to recover fees. They plan to show that Baker’s suit against me was completely frivolous and wholly without merit.

The other lawsuit involving Mr. Baker is one with Dr. James Murtagh. Baker is the defendant in this suit and it has nothing to do with HIV. It was brought solely by Dr. Murtagh in response to Mr. Baker’s alleged on-going harassment of Dr. Murtagh and his employment. Baker has called Dr. Murtagh a “corrupt doc” in the past so I am sure he is referring to the suit with Dr. Murtagh here. Although it is hard to be certain because Baker accused me of being a puppet of Dr. Gallo, the entire AIDS Truth team as well as all of Big Pharma in his lawsuit against me. Of course Mr. Baker provided zero proof of this grand conspiracy theory and two courts ignored it as such. And to think that anyone would file a lawsuit for the sole purpose of stopping the defense of Sgt. Gutierrez, or anyone else for that matter, is simply more of Baker’s conspiracy theory non-sense.

To anyone who is seriously considering donating to this “cause”, I would suggest you take all of this into serious consideration. Why would Mr. Baker resort to such hyperbolic grandstanding and outright misinformation? And if you do donate, I would strongly suggest you demand some transparency about what exactly Mr. Baker does with the money. Mr. Baker has never been transparent in the past. After all, his guidestar report for 2012 & 2013 shows contributions totalling $888,546 but nowhere has Mr. Baker ever divulged where one cent of that money has gone. Besides, I thought OMSJ was a non-profit and Mr. Baker was doing this work pro-bono.

If Mr. Baker truly wants to take responsibility for Sgt. Gutierrez’s appeal, I would assume he would see this through to the very end and would have taken into account the money necessary to do so. Or perhaps this is like the Bobby Russell Case where Mr. Baker claimed he had spent $100 Grand on the case but bailed when a paltry $12,000 was needed to go forward. It seems Mr. Baker has a history of bailing on people after they have outlived their usefulness.

Or perhaps it is more sinister than that. Elizabeth Ely had a some serious advice for one person considering asking Clark Baker for help:

Elizabeth Ely
Elizabeth Ely

At the very least, talk to the most experienced people in this. I’d start with a phone call to Clark Baker.
And don’t piss him off by getting advice and not following it.
Elizabeth Ely
Elizabeth Ely

It doesn’t matter anyway; Clark Baker and OMSJ only work with clients who follow his instructions to the letter.

No matter what one thinks about Clark Baker and the supposed success of OMSJ or his now abandoned HIV Innocence Group, I would ask some serious questions before donating to Baker in any way. Of course they might as well be rhetorical questions because Mr. Baker answers to no one.

Clark Baker to Set Up Electron Microscopy Lab; Yeah, Right!

Clark Baker is a scientist for all seasons and reasons. Not only is he an expert in Flow Cytometry, he is also an expert with phylogenetic analysis of HIV as well as an expert on ebola, or at least he will be once he gets adequate air, water and soil samples. He also has some unique knowledge about vaccines. And he is already an expert on Electron Microscopy. Now Mr. Baker is opening an entire laboratory dedicated to Electron Microscopy. The following is directly from Baker’s personal facebook page dated March 20, 2015:

Clark Baker Keep up the good work, Dean. OMSJ’s mission transcends politics and boundaries, but that doesn’t mean I must surrender my personal beliefs or ignore my experiences. I’m currently setting up a new lab to examine blood samples for people around the world. For a standard fee, we’ll resume our examination of blood samples using electron microscopy. That’s much more important right now than politics…

21 hrs · Like · 2

I’m not sure if the lab will be diagnostic, research or both. My bet would be both. I mean hell; a wunderkind like Mr. Baker should not limit himself.

Who the hell does Baker think he is fooling? There is no way he has the resources for such an undertaking. Unless of course he is going to forgo proper accreditation and that did not work out too well for his fellow Re-Thinking buddy, Marco Ruggiero. He and his partner got busted with a scam lab in the UK trying to produce GcMAF. Mr. Baker will quickly discover that it is much easier to criticize laboratories than it is to adhere to the incredibly strict guidelines, policies and protocols of a reputable lab. And once Mr. Baker realizes that his lab will be subjected to periodic and sometimes even random inspections, he might think again.

I also doubt this will ever get off the ground because of the myriad regulatory agencies that have already been alerted to Mr. Baker’s previous “undertakings”. I still cannot elaborate on this development but Mr. Baker may soon be too busy explaining his actions for the past several years and may not have the time for any other projects. Or he may find that he has nothing but time on his hands.

Elizabeth Ely: Re-Thinking Integrity

Elizabeth Ely has a penchant for telling lies about me. For the most part I have just ignored her over the years. I have been told by several people who know her personally that she is emotionally and mentally unbalanced. Ms. Ely put her unbalanced state of mind on full display back in June of 2014. Reading those increasingly deranged comments fully supports her colleagues’ assertions that Ms. Ely suffers from some sort of mental pathology. I do not know Ms. Ely personally and have never met her, but from my recent experience with her I can say, without hesitation, that Ms. Ely does have an issue with facts, reality and the meaning of the word integrity.

My recent unfortunate experience with Ms. Ely is my own fault. As a result of Ms. Ely’s continuous public assault on my character, I reached out to her via this post in hopes that we could have a rational and mature conversation. My hope was we would find some common ground, Ms. Ely would see me as a human being and as a result would stop spreading lies about me.  Ms. Ely responded and asked me to be a guest on her podcast, How Positive Are You?. As I reported here, that “interview” for her podcast went over like a fart in a space suit. Ms. Ely would ask leading questions and when my responses were not what she wanted to hear she would contradict me, put words in my mouth and then become belligerent when I would call her out on her behavior. She eventually devolved into calling me a sociopath several times as well as lashing out with emotionally angry and false accusations prompting me to hang up on her.

I will not even attempt to correct all the misinformation, distortions and outright lies in that podcast. However, I do want to highlight something that happened after the podcast was posted that perfectly exemplifies Ms. Ely’s shady, duplicitous nature. When I learned that the podcast was finally on-line, I sent Ms. Ely a personal email notifying her that I had requested membership to the HPAY? Facebook page so that I could directly respond to questions from her listeners. I told her I had made the request under the name Newton DeShong. (This is the name of my pet. I have learned from past experience to keep my real name out of any public dealings I have with the AIDS Denialists whenever possible.) I know Ms. Ely received my personal email alerting her to my request because she replied to that email notifying me that she would not approve my request. However, here is what she posted to the HPAY? Facebook page:

Elizabeth Ely

Yesterday at 1:59pm

“Newton DeShong” has been BLOCKED in his attempt to join this group. I have no doubt that he will try other means to get in. Any suspicious activity will be smacked down fast.

Why would Ms. Ely, who claims to be a woman of integrity, post such a deceitful comment on her HPAY facebook page? Why would she feel the need to deceive her readers with such a duplicitous statement? If I am such a horrible person, why would Ms. Ely have to mislead her readers? I will tell you why; just like the parable of the frog and the scorpion, it is in her nature. It is just one more example of her mental pathology. She is simply wired to lie.

Next I will try to clear up some of the gross mischaracterizations and outright lies being perpetuated by Ms. Ely during this so called interview. I originally told Ms. Ely that I wanted to do this interview to find some common ground as human beings in the hopes that both sides could stop treating each other so poorly. She pretended to agree. We communicated several times over the course of several weeks in writing and on the phone and she acted professional, civil and even friendly at times. Once the interview began however, it became obvious that her mission was to ask leading questions in order to manipulate my answers to support her on issues to which we are diametrically opposed. That is not what I meant by common ground. When I did not bend to her will, she became increasingly agitated, emotional and as I stated above, resorted to unprofessional name calling and baseless accusations.

Because I originally wanted to do this interview to clear up the lies that Ms. Ely was spreading about me, I will start at the end of the interview regarding Christine Maggiore.

Christine Maggiore

About a year ago Ms. Ely posted to the Re-Thinking AIDS facebook page that I called Christine Maggiore on the telephone every day for two weeks after her daughter EJ died and called her a murderer. During the interview Ely refused to admit that she ever wrote that because she is a coward and has neither integrity nor conviction. She also said during the interview that I started my first blog, Dissidents4Dumbees, solely as a vehicle to disparage “a dead mother and her dead baby.”  All of that is complete nonsense and Ely made those accusations with nothing to support them. She claimed that someone had told her the lie about me calling Maggiore on the telephone but she refused to reveal any details or specifics regarding the identity of this mysterious person or how they would be privy to such information. And if Ely and Maggiore were such great friends as Ely claims, then whey would Maggiore not convey this information directly to her? Again I will tell you why; they are all lies.

At the end of the podcast Ms. Ely does accurately report that when I wrote D4D I published a post in which I called Maggiore a baby killer. Unfortunately that is true. I have regretted that for many years although I have never attempted to deny it or hide from it. It was not only a poor choice of words; it was also in very bad taste. I can admit that I made a mistake with such an inflammatory choice of words and I have apologized for those words before and I will do so again now: I am sorry that I ever made such a tasteless and tacky statement. It was wrong and I apologize. Yet I do believe that Christine and her husband Robin Scovill are 100% responsible for the death of their daughter Eliza Jane and I stand by that.

HIV Testing

I find it quite funny that Ms. Ely expected me to discuss HIV testing with her. I also find it hysterical that she is so surprised and snarky about it. Ely wrote:

And we’re not talking about those tests and how misleading they are, even though DeShong is a lab professional who runs diagnostic tests for hospitals and says he is working toward a master’s degree in molecular diagnostics. The tests are “off topic,” he says.

Why would I attempt to discuss this topic with a woman who has no education or experience in this field and yet proudly perpetuates her arrogance of ignorance with statements like this:

The basic fact is there is no reliable test for HIV.

I would never discuss this subject with Ms. Ely for the same reason that I would not walk up to a brick wall and repeatedly slam my head into it hoping to create a window and catch a nice breeze.

Bobby Russell Case

I acquiesced on this subject and told Ms. Ely that I do support Bobby Russell. That is true. I support Mr. Russell’s right to file this lawsuit and to follow it until it comes to whatever conclusion is appropriate. The only issue I ever had with this case was the supposed participation of OMSJ. Bobby Russell told me himself that Baker declined to help him financially. After I reported that fact and the post got a great deal of publicity, Mr. Baker claimed that he had actually donated $100,000 to the case. When I brought up this contradiction to Ms. Ely and wondered why Mr. Baker would then abandon Mr. Russell when a paltry 12 Grand would continue the appeal, Ms. Ely had no plausible response.

Clark Baker & OMSJ

I told Ms. Ely that I was not comfortable discussing the lawsuit between me and Mr. Baker without Mr. Baker present. I also explained that I should not discuss the case while it was still on-going. Despite my protesting Ms. Ely forged ahead and in doing so she proved once again that her arrogance of ignorance is her driving force. Oh, and she is lazy when it comes to preparing for an interview.

First Ms. Ely claimed that the lawsuit was legitimate because I had “hijacked” Mr. Baker’s trademarked name by making it part of the url for my website. I explained to Ms. Ely that the case law was on my side and that it was perfectly legal to incorporate the subject of criticism for a critical website. I tried to explain to her that I was certain about this because I had been deeply involved in this litigation for almost two years. Even though I had already won arbitration and had a Federal judge dismiss the suit, Ms. Ely would not hear of it. Even when I explained that I was represented by two of the top attorneys in this country and explained who they are, Ms. Ely would not believe me. This is arrogance of ignorance.

I explained to Ms. Ely that I was represented by two of the best attorneys in the country. Paul Levy has argued and won cases before the U.S. Supreme Court. Gill Sperlein works with Mark Randazza, arguably the best First Amendment attorney in the country. Because Ms. Ely is smarter than everyone, she continued to argue with me and say that I had never actually won the lawsuit “because it never went to trial.”  She also said some nonsense about the case bouncing between judges. Yeah, Ms. Ely is quite the legal scholar.

The last thing I will mention is about OMSJ’s supposed winning track record. Ms. Ely continued to contradict me when I explained that I had researched and meticulously detailed that Mr. Baker was being less than truthful with his claim that he has been 100% successful. My research proves that 33% of the cases are completely fabricated. Ms. Ely protested but she did not provide even one specific example. She knew this was going to be a big part of the interview so why did she not do her own research and find at least one specific example on my blog where I was wrong and why? Again, she feels that whatever she says is true and there is no need for facts or proof.

This extreme arrogance regarding the law mirrors her arrogance regarding HIV science. In her pathological brain, whatever she believes trumps actual facts by actual experts in both fields. This is just not the way a person with a healthy mind or integrity behaves.

Clark Baker & OMSJ Money Beg; What Happened?

On February 25 I wrote this post detailing Celia Farber’s request for donations to Clark Baker and OMSJ at the ReThinking AIDS facebook page to help with his legal battles. Farber’s post garnered lots of enthusiasm from the dissidents and promises to financially help Mr. Baker with the supposed legal onslaught against him. Here is how Ms. Farber hyperbolically described it:

OMSJ is under heavy heavy fire, meanwhile, from pharma-funded lawsuits and harassment.

They are trying to crush Clark. He can crush right back if he has the money. He needs lawyers to fight back against a barrage of bogus lawsuits.

Of course there is no “barrage of bogus lawsuits” against Baker (although he may be facing some deep shit and have to explain his questionable tactics and practices to multiple agencies, but I can’t discuss that at the moment.)

The legal battles that Mr. Baker is facing are not “pharma-funded” nor are they “harassment”. The only harassment suit is the one Mr. Baker filed against me. And there is no pharma money funding me; my attorneys worked pro-bono.

Nor does Mr. Baker “need lawyers to fight back.” Baker is well insulated with a coterie of attorneys. Baker also has a good friend, David Pardo, who is an attorney and has partnered with Mr. Baker in questionable websites to harass and defame Dr. James Murtagh, which I have discussed here. I believe Mr. Pardo would be glad to help Mr. Baker with his legal battles. (Pardo may even find himself to be a co-defendant at some point regarding those websites.)

I am not sure why Ms. Farber has such trouble telling the truth and why she feels the need to create details that do not exist. It would seem that if she is asking for money for a worthy cause she could do so on the merits of the cause.

Just a few days later Ms. Farber announced that she was moving swiftly toward launching a website dedicated solely to funding Clark Baker and OMSJ:

Celia Ingrid Farber The crowd funding page for OMSJ is underway. Likely to launch Monday.

February 28 at 1:40pm

Then there was no update for almost two weeks. The next time Farber updated the RA dissident crowd she said the site was being held up because they were working on a video. Unfortunately I did not screen grab that update when I read it and by that afternoon the update was gone and so was Farber’s personal facebook page. This seems to be a pattern with Ms. Farber. She gets excited about a project or a cause and hypes it, but nothing becomes of it. I do not know if this is just another example of this pattern or if other factors were involved, but the website has yet to materialize.

So what happened to this Crowd Funding Website that Ms. Farber was so excited about? Perhaps the fact that 9 days after Farber first announced this crowd funding idea the Fifth Circuit Court ruled in my favor and forever ended Mr. Baker’s frivolous lawsuit against me. Perhaps my short post announcing the ruling and detailing the exorbitant amount of money Mr. Baker wasted had some effect. I don’t know. But I do hope this post re-invigorates Ms. Farber and she will launch this site. I for one cannot wait to see if the RA dissident crowd steps up financially to help Mr. Baker. I know that Bobby Russell asked for money and in 8 months has received a whopping $705 from a total of 14 people.

I am dying to see if Mr. Baker has lost all credibility with the RA dissident crowd as he has with the legal community.

 

Clark Baker & OMSJ Lose Again; Fifth Circuit Affirms the Legality & Legitimacy of this Website

Clark Baker tried to steal my First Amendment Rights and my websites on three occasions and he lost all three times. It has cost him at least $200,000 and counting and the humiliation of 3 legal entities: Arbitration, Federal District Court and now the 5th Circuit Court of Appeals which writes:

 While we accept all well-pleaded facts as true and construe the complaint in the light most favorable to the plaintiff, we do not accept “conclusory allegations, unwarranted factual inferences, or legal conclusions” as true.

     Based on a careful review of the record, the parties’ respective briefs, and the relevant district opinion, we conclude that the Rule 12(b)(6) motion to dismiss was properly granted on Baker’s Lanham Act claims. Because the district court’s careful analysis thoroughly explains our reasoning, we need not engage in a redundant analysis simply to reach the same result. We therefore AFFIRM for essentially the same reasons as the district court.

While this ruling exhausts all of Baker’s legal avenues against me, this is still not over. My attorneys are asking the court for fees of over $50,000 just for defending me against his original baseless suit.

I would like to thank my attorneys who worked very hard on this case and did all their work pro bono!

Paul Alan Levy

D. Gill Sperlein

Neal A. Hoffman

Gary Krupkin

These men all believe in Freedom of Speech and answered this Popehat Signal within hours without knowing me just because they believe in the First Amendment! I would not have been able to defend myself without this Dream Team and I can not thank them enough for their hours of hard work and patience while walking me through this stressful and lugubrious process!

As I wrote above, the request to have Clark Baker pay fees in this lawsuit is on-going. If you believe in justice, the First Amendment and want to see Clark Baker held financially responsible for bringing a suit that he knew was frivolous and baseless, please DONATE HERE!

Thank you!

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