Pleading 036 06-08-2018 - Plaintiff - S Memorandum in Opposition To The M...

Case 1:17-cv-01124-JKB Document 36 Filed 06/08/18 Page 1 of 11
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MARYLAND
NORTHERN DIVISION
KURT EICHENWALD, )
)
Plaintiff, )
) C.A. No. 17-cv-01124-JKB
v. )
)
JOHN RIVELLO )
)
Defendant. )
)
PLAINTIFF’S MEMORANDUM IN OPPOSITION TO THE MOTION OF

DEFENDANT JOHN RIVELLO FOR A PROTECTIVE ORDER AND/OR TO QUASH
AND OBJECTION TO RECORDS SUBPOENAS ISSUED BY PLAINTIFF
This Court stayed this proceeding on August 28, 2017 pending resolution of related
criminal cases against John Rivello (“Defendant”). In order to soften the harsh consequences of
the stay as experienced by Kurt Eichenwald (“Plaintiff” or “Mr. Eichenwald”), this Court entered
an Order on March 6, 2018, partially lifting the stay of this proceeding by allowing Plaintiff to
begin conducting third party discovery if Defendant filed an answer to the Complaint. Dkt. 24.
On March 21, 2018, Defendant filed: (i) an Answer as to Counts II and III (Dkt. 25); and (ii) a
motion to dismiss as to Counts I (Battery) and IV (Purposeful Infliction of Bodily Harm/Prima
Facie Tort) (Dkt. 26). Defendant agreed that because he had answered as to Counts II and III,
third-party discovery could proceed as contemplated in this Court’s March 6 Order. Dkt. 26-1 at
2.
Having been cleared to commence third-party discovery, and following additional
investigation and identification of third-parties that Mr. Eichenwald believes possess
discoverable information regarding Defendant and his actions and intentions in connection with
1
the December 15, 2016 attack, Mr. Eichenwald began the process of serving subpoenas for
documents and things on those third parties on May 16, 2018. On May 30, 2018, Defendant filed
a Motion for Protective Order and/or to Quash and Objection to Records Subpoenas Issued by
Plaintiff (“Motion to Quash”). Dkt. 32.
Plaintiff has provided notice of subpoenas to Defendant for the following persons and
entities: 1) PayPal Holdings Inc., 2) Richard B. Spencer, 3) Google LLC, 4) Charles C. Johnson,1
5) AT&T Inc., 6) Twitter Inc., and 7) Apple Inc. The notice and subpoena of Apple Inc. was
provided to Defendant after the filing of the Motion to Quash, and as such is attached to the
accompanying Declaration of Jennifer B. Maisel, dated June 8, 2018 (“Maisel Declaration”) as
Exhibit A.
ARGUMENT
This Court should deny Defendant’s Motion to Quash on the basis of three separate and
independently sufficient reasons: 1) under Fed. R. Civ. P. 45(d)(3) this is not the correct Court to
address Defendant’s arguments, 2) Defendant does not have standing to challenge the third party
subpoenas, and 3) Plaintiff’s discovery requests are relevant and proportional to the needs of the
case.
I. DEFENDANT FILED THIS MOTION IN THE WRONG COURT
Fed. R. Civ. P. Rule 45, as amended in 2013, clarified and simplified subpoena practice
in the Federal courts, permitting nationwide service of subpoenas issued by the court in which
the action is pending, and specifying how (and where) a person subject to a subpoena may
comply with, object to, or move to quash a subpoena. Amended Rule 45(c) defines the “place of
compliance,” and Rule 45(d)(3)(A) specifies that motions to quash or modify a subpoena are
1
Service has been effected on all listed third parties except Charles C. Johnson. Plaintiff is still
attempting to effect service on Mr. Johnson.
2
heard in “the district where compliance is required.”
In this case, compliance is required in Texas for AT&T; in Virginia for Richard B.
Spencer; and in California for the third-parties identified in the remaining five subpoenas.
As such, this Court is not located in the district where compliance is required for any
served subpoena. This Court is instead what Rule 45(a)(2) defines as the “issuing court.” Rule 45
explicitly provides that when the court where compliance is required is not the issuing court, a
motion under this rule may be heard in the issuing court, only when the court where compliance
is required transfers the motion to the issuing court—and then, only “if the person subject to the
subpoena consents or if the court finds exceptional circumstances.” Fed. R. Civ. P. 45(f).
The Advisory Committee Notes on Rules accompanying the 2013 Amendment state that
“subpoena-related motions and applications are to be made to the court where compliance is
required under Rule 45(c).” (emphasis added). The Notes further describe the purpose of this
requirement as follows:
Subpoenas are essential to obtain discovery from nonparties. To protect local

nonparties, local resolution of disputes about subpoenas is assured by the
limitations of Rule 45(c) and the requirements in Rules 45(d) and (e) that motions
be made in the court in which compliance is required under Rule 45(c). …
In the absence of consent, the court may transfer in exceptional circumstances,

and the proponent of transfer bears the burden of showing that such circumstances
are present. The prime concern should be avoiding burdens on nonparties subject
to subpoenas, and it should not be assumed that the issuing court is in a superior
position to resolve subpoena-related motions. … Transfer is appropriate only if
such interests outweigh the interests of the nonparty served with the subpoena in
obtaining local resolution of the motion.
Fed. R. Civ. P. 45 Advisory Committee Notes; see also 9A Charles Allan Wright & Arthur R.
Miller, FED. PRAC. & PROC. CIV. § 2463.1 (3d ed. April 2018 Update) (“motions to quash or
enforce a subpoena, in all but the rarest cases, still must be made in the district where compliance
with the subpoena is required.”).
3
In this case, because none of the subpoenas at issue in Defendant’s motion have been
served on any person or entity in the District of Maryland, Rule 45 does not contemplate a
motion to quash or modify the subpoenas being filed in this Court. As such, Defendant’s Motion
to Quash should be denied.
II. IN ADDITION, DEFENDANT HAS NO STANDING TO CHALLENGE THE

SUBPOENAS BECAUSE HE CLAIMS NO RIGHT OR PRIVILEGE IN THE
INFORMATION SOUGHT BY THE SUBPOENAS
A. Defendant Lacks Standing To Challenge the Subpoenas
The Fourth Circuit and courts in Maryland generally recognize that a “party does not
have standing to challenge a subpoena issued to a nonparty unless the party claims some
personal right or privilege in the information sought by the subpoena.” See, e.g., CineTel Films,
Inc. v. Does 1-1,052, 853 F. Supp. 2d 545, 554 (D. Md. 2012); accord, In re Grand Jury
Subpoena John Doe, No. 05GJ1318, 584 F.3d 175, 184, n. 14 (4th Cir. 2009); Am. Home Assur.
Co. v. KBE Bldg. Corp., No. CIV. CCB-13-1941, 2015 WL 348292, at *13 (D. Md. Jan. 13,
2015). Indeed, Courts in this District have expressly held that parties do not have standing to
challenge third-party subpoenas on the general basis of undue burden and relevance. See
CineTel Films, 853 F. Supp. 2d at 556. Instead, as contemplated by Rule 45, it is the direct
recipients of the subpoenas who would have standing to contest the subpoena on such grounds.
Id.
Defendant generally objects to the subpoenas under Rules 26(b)(1), 26(c) and 45 as
“sweeping in their scope” and seeking information “that bear[s] no known relationship to this
case” from parties who have “no known involvement in or connection to this case.” Dkt. 32 at
¶¶ 1, 4, 6. Defendant further states that the subpoenas go beyond the scope of Rule 26(b)(1),
have no apparent relevance, and are not proportional to the needs of the case. Id. at ¶ 5.
Defendant argues that Plaintiff is “conducting some sort of ‘fishing expedition,’” and refers to
4
the “apparent impropriety” of the Subpoenas. Id. ¶ 6-7. The Motion to Quash contains no further
objections.
Defendant does not have standing to challenge the third-party subpoenas on the bases
outlined in its motion—all of which relate to alleged undue burden and purported overbreadth.
Defendant does not describe any private right or privilege held by him in the information sought
by the subpoenas. Nor does Defendant allege a burden on him since he is not responsible for
complying with the subpoenas. Accordingly, Defendant lacks standing to bring his Motion to
Quash and the Motion should be denied for this reason as well.
B. Defendant Has Not Alleged Any Reason to Grant a Protective Order
Although courts in this District have held that a party has no standing to challenge
subpoenas issued to a nonparty absent personal right or privilege, they have acknowledged that
in certain cases there may be standing for bringing a protective order under Fed. R. Civ. P. 26(c).
Fangman v. Genuine Title, LLC, No. CV RDB-14-0081, 2016 WL 560483, at *3 (D. Md. Feb.
12, 2016). Rule 26(c)(1) provides that a “court may, for good cause, issue an order to protect a
party or person from annoyance, embarrassment, oppression, or undue burden or expense.”
However, Defendant has not argued that he will be subject to annoyance, embarrassment, or
oppression as a result of the third-party discovery initiated by Plaintiff.2 Nor has Defendant has
alleged that he will incur undue burden or expense. Accordingly, Defendant’s request for a
protective order should be denied.
2
Further, much of the third-party information sought, including the subscriber information and
information regarding communications, has already been provided to law enforcement, as
described in the Complaint. Dkt. 2 at ¶¶54-64. It is unclear to Plaintiff what remaining private
right Defendant might assert, or what annoyance, embarrassment, or oppression Defendant might
suffer when the information sought that is related to him is already in the hands of the FBI,
Federal prosecutors and the Dallas County, Texas district attorney’s office.
5
III. THE MOTION SHOULD BE DENIED FOR THE ADDITIONAL REASON THAT
THE REQUESTED DISCOVERY IS RELEVANT
Plaintiff’s requests to Paypal, Google, AT&T, Twitter, Apple, Richard Spencer, and
Charles Johnson/WeSearchr regarding subscriber information,3 the Rivello Legal Defense Fund,
and communications by or with Defendant, are relevant to proving that Defendant acted as
alleged in the Complaint and determining the identity of others with whom Defendant planned or
communicated regarding his attack on Mr. Eichenwald. Dkt. 2 at ¶¶ 33-34, 53, 57-61. The
Complaint alleges that Defendant did not operate in isolation:
57. On information and belief, before and after his December 15, 2016 attack on
Plaintiff, Defendant discussed with one or more third parties Plaintiff’s epilepsy, a
desire to harm Plaintiff, and how to maximize the chance and degree of harm
inflicted on Plaintiff.
58. The contents of Defendant’s communications with third parties concerning the
attack on Plaintiff, as well as the identities of those third parties, are presently
unknown to Plaintiff. On information and belief, Defendant is in possession of
information that would identify such communications and third parties.
Id. at ¶¶57-58. Communications by or with Defendant are generally relevant for ascertaining,
inter alia: 1) Defendant’s knowledge of Plaintiff’s epilepsy, 2) Defendant’s knowledge of the
effect of strobe lights on those with epilepsy, 3) Defendant’s intent to cause a seizure, and 4)
Defendant’s intent to seriously injure or kill Plaintiff.
In his Motion, Defendant complains that Plaintiff’s third party discovery requests
regarding persons or topics such as Becky Barnes, the Rivello Legal Defense Fund, Richard
Spencer, or concerning Defendant’s father, David Rivello are a “fishing expedition.” Dkt. 32, ¶
6. But discovery into persons with whom Defendant communicated around the time of his attack
3
This is a class of information which courts have consistently held are open to disclosure as a
result of service providers being subpoenaed. See, e.g., CineTel Films, 853 F. Supp. 2d at 555
(“Internet subscribers do not have a protected privacy interest in their subscriber information—
including names, addresses, phone numbers, and e-mail address—which they have already
conveyed to their ISPs.”).
6
on Mr. Eichenwald is based on more than speculation, and is not a “fishing expedition.” To cite
just one example (more are discussed below), even though, as alleged in the Federal criminal
complaint and affidavit and as discussed in the Complaint in this lawsuit, Mr. Rivello sent his
Twitter attack on Mr. Eichenwald using the anonymous Twitter handle @jew_goldstein, Dkt. 2
at ¶¶ 33-36, 54-56, other individuals, who are subjects of the subpoenas at issue, seemed to have
known that the account was operated by John Rivello. For example, communications (sent
immediately after the attack), stated “Awesome JR,” and referred to the sender of the attack as
“JR.” Id. at ¶ 61. Further, as described in greater detail below, “Becky Barnes,”—which we
believe to be a pseudonym—sent a message about Defendant on the day of his arrest describing
her communication with Defendant and the @jew_goldstein account. As discussed in greater
detail below, Ms. Barnes has publically described herself as being part of the direct message
group that was involved in the attack on Mr. Eichenwald. Plaintiff’s discovery requests are
calculated to lead to information identifying such individuals and their communications with
Defendant.
A. Becky Barnes
Ms. Barnes, who variously identifies herself as “Becky,” or “Becky Barnes” (and who
has posted on Twitter as at least @srsBecky, @rlyBecky, and @notBeckyBarnes), initiated the
“U.S. Marine John Rivello Legal Defense Fund,” on the crowdfunding platform WeSearchr.
Maisel Declaration, Exhibit B. The “legal defense fund” (a fund that Defendant’s lawyer told this
Court during our recent status conference that he knew nothing about) appears to have been
created with specific knowledge of Defendant’s attack on Mr. Eichenwald. “Becky’s” updates to
the legal defense fund included claims that she was “in current contact with [Defendant’s] lawyer
and family members.” Id. Reproduced below is a screenshot of a Tweet from @notBeckyBarnes
stating that she “was in that dm group the Feds raided.” (emphasis added).
7
Maisel Declaration, Exhibit C. The referenced “dm [direct messaging] group” that included
Defendant and his communications about his attack on Plaintiff is relevant to the issues in this
case.
B. Caerulus Rex and Vendetta Vidame
Plaintiff believes that two pseudonymous individuals who identify themselves as
“Caerulus Rex” and “Vendetta Vidame” communicated with Defendant around the time of his
attack on Mr. Eichenwald about the attack. These individuals host a podcast titled “Salting The
Earth,” which has produced an episode, “The (((People))) vs @Jew_Goldstein,” that discusses
the criminal case against Defendant based on the same actions underlying this case. Maisel
8
Declaration at ¶¶ 6-7, Exhibit D. An individual identifying himself as Vendetta Vidame states
during the podcast:
Oh, yeah, so the problem is, if you recall, they went through his direct messages.
They got to view his messages he sent to us afterward. And I was part of his
group of friends that he was messaging at the time. And, uh, we were kind of
celebrating over it, or telling him it was awesome. And he was, you know, good. I
sent him this, “I hope he dies.” *laughter* “I hope this gives him a seizure.”
He wrote really bad OpSec kind of stuff, and he’s gonna have a hard time kinda
spinning that in court, although hopefully he can.
Id. at ¶ 8 (emphasis added). The individuals are associated with the Twitter accounts
@VendettaVimiera, @Vendetta92429, and @rex_caerulus. Plainly, they—by their own
admission—were in direct contact with Defendant and communicated with him about his attack
on Mr. Eichenwald. Such communications are relevant to the issues in this case.
C. Richard Spencer
Richard Spencer, a highly publicized white supremacist (Maisel Declaration, Exhibit E),
was quoted in an interview printed in The Atlantic discussing facts underlying this case. A
relevant excerpt is quoted below:
Spencer blanked on Eichenwald’s name, and both he and the minion laughed as
they tried to recall it.
“What is that guy’s name? The one whom we almost killed?”
“No, no,” the minion corrected him, with the precision of in-house counsel. “We
did not send that.”
Spencer revised his statement. “We collectively almost killed him. Some alt-right
s***lord”—alt-right-speak for “online activist”—“sent him a meme.”
Maisel Declaration, Exhibit E (emphasis added).
Spencer also tweeted “Let’s start a legal defense fund for this hero of the meme war,”
referencing Defendant on the very day of Defendant’s arrest and later that day linked to the
Rivello Defense Fund, stating “There’s now a legal fund for Jew Goldstein. It debunks
9
@kurteichenwald’s claims.” Maisel Declaration, Exhibits F, G. Mr. Spencer’s apparent
knowledge of (and possible participation in) Defendant’s attack on Mr. Eichenwald is quite
relevant to the issues in this case.
D. Phone Records of David Rivello
The phone records of Defendant’s father are also relevant because Defendant lives with
his parents, and was arrested at the home of his parents.4 Maisel Declaration, Exhibits H, I, J. To
the same extent that determining the identity of those in communication with Defendant’s known
Twitter account is relevant to proving the claims alleged in the Complaint, so would determining
the identity of those in communication with Defendant through other means, such as by the
phone in the house in which he lived.
As such, Plaintiff’s third-party discovery is relevant to the issues in this case.
CONCLUSION
For at least the foregoing reasons, Mr. Eichenwald respectfully requests that the Court
deny Defendant’s Motion to Quash.
Respectfully submitted,
Dated: June 8, 2018 /s/ Steven Lieberman

Steven Lieberman
Jennifer B. Maisel (admitted pro hac vice)
ROTHWELL, FIGG, ERNST & MANBECK, P.C.
607 14th Street, N.W. – Suite 800
Washington, D.C. 20005
Tel: (202) 783-6040
Fax: (202) 783-6031
Email: slieberman@rfem.com
Email: jmaisel@rfem.com
Attorneys for Plaintiff Kurt Eichenwald
4
To the extent Defendant takes issue with Plaintiff seeking the phone records of Defendant’s
father, the Fourth Circuit does not recognize a parent-child privilege. Under Seal v. United
States, 755 F.3d 213, 215 (4th Cir. 2014) (“No federal appellate court has recognized a parent-
child privilege, and we decline to do so here.”)
10
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this 8th day of June, 2018, a copy of the
foregoing PLAINTIFF’S MEMORANDUM IN OPPOSITION TO THE MOTION OF
DEFENDANT JOHN RIVELLO FOR A PROTECTIVE ORDER AND/OR TO QUASH AND
OBJECTION TO RECORDS SUBPOENAS ISSUED BY PLAINTIFF was filed electronically
through the Court’s Electronic Case Management and Filing System. All parties to this case are
able to access the filing through this system.
/s/ Nasri V. B. Hage

Nasri V.B. Hage
11
Case 1:17-cv-01124-JKB Document 36-1 Filed 06/08/18 Page 1 of 3

NORTHERN DIVISION
KURT EICHENWALD, )
)
Plaintiff, )
) C.A. No. 17-cv-01124-JKB
v. )
)
JOHN RIVELLO )
)
Defendant. )
)
DECLARATION OF JENNIFER B. MAISEL IN OPPOSITION TO THE MOTION OF

DEFENDANT JOHN RIVELLO FOR A PROTECTIVE ORDER AND/OR TO QUASH
AND OBJECTION TO RECORDS SUBPOENAS ISSUED BY PLAINTIFF
I, Jennifer B. Maisel, affirm and declare as follows:
1. I am an associate at the law firm of Rothwell, Figg, Ernst, & Manbeck, counsel to
Plaintiff Kurt Eichenwald in the above-captioned matter. I am a member in good standing of the
bars of the District of Columbia and New York.
2. I submit this declaration in support of Plaintiff’s Opposition to the Motion of
Defendant John Rivello for Protective Order and/or to Quash and Objection to Records
Subpoenas Issued by Plaintiff.
3. Attached hereto as Exhibit A is a true and correct copy of Plaintiff’s Notice of
Subpoena to Apple, which was served on Defendant on June 1, 2018.
4. Attached hereto as Exhibit B is a true and correct copy of an archived version of a
WeSearchr.com website dated November 4, 2017, titled “U.S. Marine John Rivello Legal
Defense Fund.” It is available at
https://web.archive.org/web/20171104022057/www.wesearchr.com/bounties/jew-goldstein-the-
1
legal-funding (accessed June 5, 2018).
5. Attached hereto as Exhibit C is a true and correct copy of an article titled “Nazis
Rally Around Man Accused of Giving Journalist Kurt Eichenwald a Seizure,” dated March 18,
2017, available at https://angrywhitemen.org/2017/03/18/nazis-rally-around-man-accused-of-
giving-journalist-kurt-eichenwald-a-seizure/ (accessed June 8, 2018).
6. Attached hereto as Exhibit D is a true and correct copy of a saved PDF screen
capture of a website titled “Salting the Earth Episode 23 – The (((People))) vs.
@Jew_Goldstein,” available at https://dailystormer.name/salting-the-earth-episode-23-the-
people-vs-jew_goldstein/ (accessed June 8, 2018). The audio track embedded the website,
originally hosted on Soundcloud, is currently unavailable.
7. An archived version of the embedded audio track referenced in paragraph 6 above
and dated May 5, 2017, is available at https://archive.org/details/soundcloud-313344290
(accessed June 7, 2018).
8. Beginning at 5:04 of the audio track referenced in paragraph 7 above, an
individual identifying himself as Vendetta Vidame states:
Oh, yeah, so the problem is, if you recall, they went through his direct
messages. They got to view his messages he sent to us afterward. And I
was part of his group of friends that he was messaging at the time. And,
uh, we were kind of celebrating over it, or telling him it was awesome.
And he was, you know, good. I sent him this, “I hope he dies.” *laughter*
“I hope this gives him a seizure.” He wrote really bad OpSec kind of stuff,
and he’s gonna have a hard time kinda spinning that in court, although
hopefully he can.
9. Attached hereto as Exhibit E is a true and correct copy of an article by Graeme
Wood, titled “His Kampf,” and published online in The Atlantic in June 2017, available at
https://www.theatlantic.com/magazine/archive/2017/06/his-kampf/524505/ (accessed June 7,
2018).
2
10. Attached hereto as Exhibit F is a true and correct copy of a tweet published by the
Twitter user “@RichardBSpencer” on March 17, 2017, at 1:19 PM, available at
https://twitter.com/richardbspencer/status/842832774902005761 (accessed June 7, 2018).
11. Attached hereto as Exhibit G is a true and correct copy of a tweet published by the
Twitter user “@RichardBSpencer” on March 17, 2017, at 4:26 PM, available at
https://twitter.com/RichardBSpencer/status/842879864965230592 (accessed June 7, 2018).
12. Attached hereto as Exhibit H is an article published on March 17, 2017, by Liz
Farmer and Tom Steel for the Dallas News titled, “FBI identifies man arrested over seizure-
inducing tweet to Dallas journalist Kurt Eichenwald,” available at
https://www.dallasnews.com/news/crime/2017/03/17/fbi-arrests-man-accused-trolling-dallas-
journalist-kurt-eichenwald-tweet-triggered-seizure (accessed June 7, 2018).
13. Attached hereto as Exhibit I is an Order Setting Conditions of Release in the case
styled USA v. Rivello, 3:17-mj-00192-BK (N.D. Tex. Mar. 20, 2017), ECF No. 3.
14. Attached hereto as Exhibit J is an Order Modifying the Conditions for Release in
the case styled USA v. Rivello, 3:17-mj-00192-BK (N.D. Tex. Mar. 20, 2017), ECF No. 11.
I declare under penalty of perjury that the foregoing is true and correct.
Executed this 8th day of June, 2018.
_/s/ Jennifer B. Maisel____________

Jennifer B. Maisel, Esq.
3
Exhibit A

NORTHERN DIVISION
KURT EICHENWALD, )
)
Plaintiff, )
) C.A. No. 17-cv-01124-JKB
v. )
)
JOHN RIVELLO )
)
Defendant. )
)
PLAINTIFF’S NOTICE OF SUBPOENA TO APPLE
PLEASE TAKE NOTICE that, pursuant to Federal Rule of Civil Procedure 45 and as set
forth in the attached subpoena, Plaintiff Kurt Eichenwald (“Plaintiff”) requests that Apple Inc.
produce the documents, including electronically stored information (“ESI”), and/or things
described in the attached subpoena at the date and time listed thereon, and at the location listed
thereon or another agreed-upon location.
Respectfully submitted,
Dated: May 31, 2018 /s/Jennifer Maisel

Steven Lieberman
Jennifer B. Maisel (admitted pro hac vice)
ROTHWELL, FIGG, ERNST & MANBECK, P.C.
607 14th Street, N.W. – Suite 800
Washington, D.C. 20005
Tel: (202) 783-6040
Fax: (202) 783-6031
Email: slieberman@rfem.com
Email: jmaisel@rfem.com
Attorneys for Plaintiff Kurt Eichenwald
1
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this 1st day of June, 2018, a copy of the
foregoing PLAINTIFF’S NOTICE OF SUBPEONA TO APPLE was served by e-mail upon the
following counsel of record:
Bruce F. Bright
Mark Cropper
Ayres, Jenkins, Gordy & Almand, P.A.
6200 Coastal Highway, Suite 200
Ocean City, Maryland 21842
Tel: 410-723-1400
Fax: 410-723-1861
Email: bbright@ajgalaw.com
Email: mcropper@ajgalaw.com
/s/ Nasri V. B. Hage

Nasri V.B. Hage
2
AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
UNITED STATES DISTRICT COURT

for the
DistrictDistrict
__________ of Maryland
of __________
Kurt Eichenwald
)
Plaintiff )
v. ) Civil Action No. 1:17-cv-01124-JKB
John Rivello )
)
Defendant )
SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS

OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION
To: Apple Inc.

One Apple Park Way, Cupertino, California 95014
(Name of person to whom this subpoena is directed)
✔
u Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below the following
documents, electronically stored information, or objects, and to permit inspection, copying, testing, or sampling of the
material: Those documents and things listed in Attachment A.
Place: Talty Court Reporters Inc. Date and Time:

2131 The Alameda, Suite D 07/02/2018 9:00 am
San Jose, CA 95126
u Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated premises, land, or
other property possessed or controlled by you at the time, date, and location set forth below, so that the requesting party
may inspect, measure, survey, photograph, test, or sample the property or any designated object or operation on it.
Place: Date and Time:
The following provisions of Fed. R. Civ. P. 45 are attached – Rule 45(c), relating to the place of compliance;
Rule 45(d), relating to your protection as a person subject to a subpoena; and Rule 45(e) and (g), relating to your duty to
respond to this subpoena and the potential consequences of not doing so.
Date: 05/31/2018
CLERK OF COURT
OR
/s/ Jennifer B. Maisel
Signature of Clerk or Deputy Clerk Attorney’s signature
The name, address, e-mail address, and telephone number of the attorney representing (name of party)
Kurt Eichenwald , who issues or requests this subpoena, are:
Jennifer Maisel, 607 14th St., NW, Suite 800, Washington DC, 20005; jmaisel@rfem.com; 202-783-6040
Notice to the person who issues or requests this subpoena

If this subpoena commands the production of documents, electronically stored information, or tangible things or the
inspection of premises before trial, a notice and a copy of the subpoena must be served on each party in this case before
it is served on the person to whom it is directed. Fed. R. Civ. P. 45(a)(4).
AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action (Page 2)
Civil Action No. 1:17-cv-01124-JKB
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 45.)
I received this subpoena for (name of individual and title, if any)

on (date) .
u I served the subpoena by delivering a copy to the named person as follows:
on (date) ; or
u I returned the subpoena unexecuted because:

.
Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, I have also
tendered to the witness the fees for one day’s attendance, and the mileage allowed by law, in the amount of
$ .
My fees are $ for travel and $ for services, for a total of $ 0.00 .
I declare under penalty of perjury that this information is true.
Date:
Server’s signature
Printed name and title
Server’s address
Additional information regarding attempted service, etc.:

AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action(Page 3)
Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
(c) Place of Compliance. (ii) disclosing an unretained expert’s opinion or information that does
not describe specific occurrences in dispute and results from the expert’s
(1) For a Trial, Hearing, or Deposition. A subpoena may command a study that was not requested by a party.
person to attend a trial, hearing, or deposition only as follows: (C) Specifying Conditions as an Alternative. In the circumstances
(A) within 100 miles of where the person resides, is employed, or described in Rule 45(d)(3)(B), the court may, instead of quashing or
regularly transacts business in person; or modifying a subpoena, order appearance or production under specified
(B) within the state where the person resides, is employed, or regularly conditions if the serving party:
transacts business in person, if the person (i) shows a substantial need for the testimony or material that cannot be
(i) is a party or a party’s officer; or otherwise met without undue hardship; and
(ii) is commanded to attend a trial and would not incur substantial (ii) ensures that the subpoenaed person will be reasonably compensated.
expense.
(e) Duties in Responding to a Subpoena.
(2) For Other Discovery. A subpoena may command:
(A) production of documents, electronically stored information, or (1) Producing Documents or Electronically Stored Information. These
tangible things at a place within 100 miles of where the person resides, is procedures apply to producing documents or electronically stored
employed, or regularly transacts business in person; and information:
(B) inspection of premises at the premises to be inspected. (A) Documents. A person responding to a subpoena to produce documents
must produce them as they are kept in the ordinary course of business or
(d) Protecting a Person Subject to a Subpoena; Enforcement. must organize and label them to correspond to the categories in the demand.
(B) Form for Producing Electronically Stored Information Not Specified.
(1) Avoiding Undue Burden or Expense; Sanctions. A party or attorney If a subpoena does not specify a form for producing electronically stored
responsible for issuing and serving a subpoena must take reasonable steps information, the person responding must produce it in a form or forms in
to avoid imposing undue burden or expense on a person subject to the which it is ordinarily maintained or in a reasonably usable form or forms.
subpoena. The court for the district where compliance is required must (C) Electronically Stored Information Produced in Only One Form. The
enforce this duty and impose an appropriate sanction—which may include person responding need not produce the same electronically stored
lost earnings and reasonable attorney’s fees—on a party or attorney who information in more than one form.
fails to comply. (D) Inaccessible Electronically Stored Information. The person
responding need not provide discovery of electronically stored information
(2) Command to Produce Materials or Permit Inspection. from sources that the person identifies as not reasonably accessible because
(A) Appearance Not Required. A person commanded to produce of undue burden or cost. On motion to compel discovery or for a protective
documents, electronically stored information, or tangible things, or to order, the person responding must show that the information is not
permit the inspection of premises, need not appear in person at the place of reasonably accessible because of undue burden or cost. If that showing is
production or inspection unless also commanded to appear for a deposition, made, the court may nonetheless order discovery from such sources if the
hearing, or trial. requesting party shows good cause, considering the limitations of Rule
(B) Objections. A person commanded to produce documents or tangible 26(b)(2)(C). The court may specify conditions for the discovery.
things or to permit inspection may serve on the party or attorney designated
in the subpoena a written objection to inspecting, copying, testing, or (2) Claiming Privilege or Protection.
sampling any or all of the materials or to inspecting the premises—or to (A) Information Withheld. A person withholding subpoenaed information
producing electronically stored information in the form or forms requested. under a claim that it is privileged or subject to protection as trial-preparation
The objection must be served before the earlier of the time specified for material must:
compliance or 14 days after the subpoena is served. If an objection is made, (i) expressly make the claim; and
the following rules apply: (ii) describe the nature of the withheld documents, communications, or
(i) At any time, on notice to the commanded person, the serving party tangible things in a manner that, without revealing information itself
may move the court for the district where compliance is required for an privileged or protected, will enable the parties to assess the claim.
order compelling production or inspection. (B) Information Produced. If information produced in response to a
(ii) These acts may be required only as directed in the order, and the subpoena is subject to a claim of privilege or of protection as
order must protect a person who is neither a party nor a party’s officer from trial-preparation material, the person making the claim may notify any party
significant expense resulting from compliance. that received the information of the claim and the basis for it. After being
notified, a party must promptly return, sequester, or destroy the specified
(3) Quashing or Modifying a Subpoena. information and any copies it has; must not use or disclose the information
(A) When Required. On timely motion, the court for the district where until the claim is resolved; must take reasonable steps to retrieve the
compliance is required must quash or modify a subpoena that: information if the party disclosed it before being notified; and may promptly
(i) fails to allow a reasonable time to comply; present the information under seal to the court for the district where
(ii) requires a person to comply beyond the geographical limits compliance is required for a determination of the claim. The person who
specified in Rule 45(c); produced the information must preserve the information until the claim is
(iii) requires disclosure of privileged or other protected matter, if no resolved.
exception or waiver applies; or
(iv) subjects a person to undue burden. (g) Contempt.
(B) When Permitted. To protect a person subject to or affected by a The court for the district where compliance is required—and also, after a
subpoena, the court for the district where compliance is required may, on motion is transferred, the issuing court—may hold in contempt a person
motion, quash or modify the subpoena if it requires: who, having been served, fails without adequate excuse to obey the
(i) disclosing a trade secret or other confidential research, subpoena or an order related to it.
development, or commercial information; or
For access to subpoena materials, see Fed. R. Civ. P. 45(a) Committee Note (2013).
Attachment A
DEFINITIONS
1. “Apple”, “You,” or “Your” means Apple Inc., and its directors, officers,
managers, members, current and former employees, counsel, agents, consultants, representatives,
and any other persons acting on behalf of any of the foregoing, as well as its affiliates, parents,
subsidiaries, divisions, joint ventures, licensees, franchisees, assigns, predecessors and
successors in interest, and any other legal entities, whether foreign or domestic, that are owned or
controlled by Apple, and all predecessors and successors in interest to such entities.
2. “Plaintiff” means Kurt Eichenwald.
3. “Defendant” means John Rayne Rivello, who is, or has been, a resident of
Salisbury, Maryland.
4. “Twitter-Associated Phone Number” means the phone number 1-443-235-3549
and any associated account with that phone number as it existed in 2016 through the present.
5. “Document” and “Documents” are used in their broadest sense and mean, without
limitation, all written, graphic, or otherwise recorded material, however produced, including,
without limitation, microfilms or other film records or impressions, electronically stored
information regardless of the form of storage medium, tape recordings or computer cards, floppy
disks or printouts, any and all papers, photographs, films, recordings, memoranda, books,
records, accounts, communications, letters, telegrams, correspondence, drafts, notes of meetings,
notes of conversations, notes of telephone calls, inter-office memoranda or written
communications of any nature, recordings of conversations either in writings or upon any
mechanical or electrical recording devices, including email, notes, papers, reports, analyses,
invoices, canceled checks or check stubs, receipts, minutes of meetings, time sheets, diaries, desk
3
calendars, ledgers, schedules, licenses, financial statements, telephone bills, logs, and any
differing versions of any of the foregoing, whether so denominated, formal, informal or
otherwise, as well as copies of the foregoing which differ in any way, including by the addition
of handwritten notations or other written or printed matter of any nature, from the original. The
term specifically includes information stored in a computer database and capable of being
generated in documentary form, such as electronic mail.
6. “Person” and “Persons” refer to any individual, corporation, proprietorship,
association, joint venture, company, partnership, or other business or legal entity, including
governmental bodies and agencies.
7. “Third Party” and “Third Parties” means any Person or Persons other than
Plaintiff or Defendant.
8. “Communication” refers to any transmission, conveyance or exchange of a word,
statement, fact, thing, idea, Document, instruction, information, demand, or question by any
medium, whether by written, oral, or other means, including but not limited to electronic
communications and electronic mail.
9. When used with reference to a Person, “Identify” or “Identification” means to
state the person’s name, present or last-known address, present or last-known telephone number,
and present or last-known position and business affiliation. When used with reference to a
Document, “Identify” or “Identification” means to state the Document’s title and subject matter,
form (e.g., letter, memo, etc.), date of preparation, author(s), addressee(s), recipient(s), and name
of its present custodian, as well as, where available, the Document’s Bates number. When used
with reference to a communication, “Identify” or “Identification” means to identify the sender(s),
recipient(s), and/or participant(s) of the communication and to state the date, subject matter, and
4
nature (e.g., telephone call, meeting, letter, etc.) of the communication. If the communication
was in person, also state the location. When used with reference to a device, system, product, or
service, “Identify” or “Identification” means to state the name, part number, function, key
features, list price, and first sale date of that device, product, system or service. When used with
reference to agreements, including but not limited to licenses, “Identify” or “Identification”
means to list the details of the agreement or assurance, including but not limited to the date,
effective date, parties, third-party beneficiaries, and subject matter, as well as to describe
verbatim any oral component.
10. “Relating to,” “Relate to,” “Referring to” and “Refer to” mean relating to,
reflecting, referring to, concerning, mentioning, pertaining to, evidencing, involving, describing,
discussing, commenting on, embodying, responding to, supporting, contradicting, or constituting
(in whole or in part), as the context makes appropriate.
11. “Include” and “Including” means including without limitation.
INSTRUCTIONS
1. In responding to the following Requests, You shall furnish all information in your
possession, custody, or control.
2. The singular form of a word should be interpreted in the plural as well. The words
"and" and "or" shall be construed conjunctively or disjunctively, whichever makes the request
most inclusive. The words "all," "any," and "each," shall each be construed as encompassing any
and all.
3. If any request is considered by You to be ambiguous or unclear, Plaintiff requests
that You contact and confer with the counsel listed on the first page of the Notice of Subpoena as
5
soon as possible, so that the request can be clarified and unnecessary delays in providing for the
production of documents and things can be avoided.
4. Regarding claims of attorney-client privilege, You must comply with the
requirements of Rule 45(e)(2) of the Federal Rules of Civil Procedure.
DOCUMENTS REQUESTED
1. All account information Related to any account associated with the Twitter-
Associated Phone Number during the time period of 2016 through the present, including any
associated accounts or devices, and including any changes made to the account information
during this period.
2. All non-content records of Communications made by, or sent to, the Twitter-
Associated Phone Number during the time period of 2016 through the present.
3. All account information Related to Apple ID jrrivello@gmail.com during the time
period of 2016 through the present, including any associated accounts or devices, and including
any changes made to the account information during this period.
4. All stored non-communication content which is associated with the Apple ID
jrrivello@gmail.com.
5. All account information Related to any other account belonging to, or assigned to,
Defendant during the time period of 2016 through the present, including any associated accounts
or devices, and including any changes made to the account information during this period.
6. All non-content records of Communications made by, or to, any other account
belonging to, or assigned to, Defendant during the time period of November 1, 2016 through the
present.
6
Exhibit B
6/5/2018 WeSearchr | U.S. Marine John Rivello Legal Defense Fund
Case
POST A1:17-cv-01124-JKB
BOUNTY DISCOVER Document
ABOUT FAQ 36-3
DONATEFiled 06/08/18 Page 2 of 6
(HTTPS://WEB.ARCHIVE.ORG/WEB/20171104022057/HTTPS://WWW.WESEARCHR.COM/BOUNTIES/CREATE)
(HTTPS://WEB.ARCHIVE.ORG/WEB/20171104022057/HTTPS://WWW.WESEARCHR.COM/DISCOVER)
(HTTPS://WEB.ARCHIVE.ORG/WEB/20171104022057/HTTPS://WWW.WESEARCHR.COM/ABOUT)
(HTTPS://WEB.ARCHIVE.ORG/WEB/20171104022057/HTTPS://WWW.WESEARCHR.COM/FAQ)
(HTTPS://WEB.ARCHIVE.ORG/WEB/20171104022057/HTTPS://WWW.WESEARCHR.COM/CONTRIBUTE)
(/web/20171104022057/https://www.wesearchr.com/search)
(https://web.archive.org/web/20171104022057/https://www.wesearchr.com/)
POST A BOUNTY DISCOVER DONATE

(HTTPS://WEB.ARCHIVE.ORG/WEB/20171104022057/HTTPS://WWW.WESEARCHR.COM/BOUNTIES/CREATE)
(HTTPS://WEB.ARCHIVE.ORG/WEB/20171104022057/HTTPS://WWW.WESEARCHR.COM/DISCOVER)
(HTTPS://WEB.ARCHIVE.ORG/WEB/20171104022057/HTTPS:/
U.S. Marine John Rivello Legal Defense Fund
(https://web.archive.org/web/20171104022057/https://87c766b4e1413f52da7c-
9acf59ca98a7221d110760a9902153be.ssl.cf5.rackcdn.com/images/939/1200/1524b40187f06c2c448a7b6aaae8cb15.JPG)
(https://web.archive.org/web/20171104022057/https://87c766b4e1413f52da7c-
9acf59ca98a7221d110760a9902153be.ssl.cf5.rackcdn.com/images/939/1200/57faeaf9baa4fcf1c004eba7c2823b2d.png)
$19,078
raised so far from 447 contributors
INCREASE BOUNTY
86 : 04 : 55 : 16
Days Hrs Min Sec
Time Remaining To Claim This Bounty
https://web.archive.org/web/20171104022057/https://www.wesearchr.com/bounties/jew-goldstein-the-legal-funding 1/5
6/5/2018 (https://web.archive.org/web/20171104022057/https://plus.google.com/share?
WeSearchr | (https://web.archive.org/web/20171104022057/https://www.facebook.com/sharer/sharer.php?
(https://web.archive.org/web/20171104022057/https://twitter.com/share?
U.S. Marine John Rivello Legal Defense Fund
url=https://www.wesearchr.com/bounties/jew-
u=https://www.wesearchr.com/bounties/jew-
url=https://www.wesearchr.com/bounties/jew-
goldstein- goldstein- goldstein-
the- the- the-
legal- legal- legal-
funding) funding) funding)
Initiated By
Becky Barnes (https://web.archive.org/web/20171104022057/https://www.wesearchr.com/users/BeckyBarnes)
Kurt Eichenwald's Twitter arch nemesis was arrested by the FBI.
UPDATED 3/21/17
John is out on bail. He isn't allowed near internet, firearms or alcohol so he will not be doing any interviews. I am in
current contact with his lawyer and family members. :)
UPDATED 3/21/17
John Rivello's bail is set at $100,000.
UPDATED 3/17/17
The Minimum has been reached and this is now a Wanted Bounty! Keep funding it! The more money it raises, the
bigger the incentive for an Answer becomes.
INCREASE BOUNTY
SUBMIT RESEARCH
ABOUT CONTRIBUTORS
Goal of Bounty
On Friday, March 17, 2017, "journalist" Kurt Eichenwald
6/5/2018 had
WeSearchr | U.S. theJohn
Marine FBIRivello
arrestLegal
Twitter user
Defense "Ari Goldstein" (or "Jew
Fund
Goldstein", real name John Rivello, a U.S. Marine with PTSD) for replying to a tweet with a flashing gif.
(https://web.archive.org/web/20171104022057/http://www.dallasnews.com/news/crime/2017/03/17/fbi-arrests-man-
accused-trolling-dallas-journalist-kurt-eichenwald-tweet-triggered-seizure) Eichenwald allegedly had a seizure from
the gif despite not taking medication, drinking alcohol and also being sleep deprived at the time. These factors can
cause seizures on their own.
Eichenwald obtained John's real name through a charity he had donated to in his name.
John had donated to an epilepsy charity as a gesture of goodwill and as an apology to Kurt. He also wrote Kurt an
email, apologizing and told him that he was donating to the charity in his name.
For months now, John Rivello has been swamped with legal fees so his friends are starting this bounty in the hopes to
ease the financial burden.
Why
If this goes to trial, it will redefine "trolling" and what it means to troll online. John can't go to prison for tweeting a gif
at Eichenwald.
Requirements
Anything you can do to help. We can't do this alone. We really need your help. We know John Rivello and are friends of
his, and we need money to help him pay for his legal defense. He is currently in FBI custody. Donate now.
UPDATES
3/21/17
-
John is out on bail. He isn't allowed near internet, firearms or alcohol so he will not be doing any interviews. I
am in current contact with his lawyer and family members. :)
3/21/17
-
John Rivello's bail is set at $100,000.
3/17/17
-
The Minimum has been reached and this is now a Wanted Bounty! Keep funding it! The more money it raises,
the bigger the incentive for an Answer becomes.
Contributors
This bounty has no contributions yet.
#JEW-GOLDSTEIN (HTTPS://WEB.ARCHIVE.ORG/WEB/20171104022057/HTTPS://WWW.WESEARCHR.COM/TAGS/JEW-GOLDSTEIN)
#KURT-EICHENWALD (HTTPS://WEB.ARCHIVE.ORG/WEB/20171104022057/HTTPS://WWW.WESEARCHR.COM/TAGS/KURT-EICHENWALD)
#ARI-GOLDSTEIN (HTTPS://WEB.ARCHIVE.ORG/WEB/20171104022057/HTTPS://WWW.WESEARCHR.COM/TAGS/ARI-GOLDSTEIN)
LIKE
THE POSTING, PUBLICATION OR OTHER DISSEMINATION OF ANY PARTICULAR BOUNTY IS NOT TO BE CONSTRUED AS A STATEMENT OF FACT, EITHER EXPRESS OR IMPLIED. IT IS TO BE UNDERSTOOD SOLELY AS A NEWSGATHERING
QUESTION THAT MAY OR MAY NOT BE ANSWERABLE AND WESEARCHR MAKES NO FACTUAL ASSERTION WITH REGARD TO THE CONTENT OF THE BOUNTY.
ABOUT (HTTPS://WEB.ARCHIVE.ORG/WEB/20171104022057/HTTPS://WWW.WESEARCHR.COM/ABOUT)
FAQ (HTTPS://WEB.ARCHIVE.ORG/WEB/20171104022057/HTTPS://WWW.WESEARCHR.COM/FAQ)
DONATE (HTTPS://WEB.ARCHIVE.ORG/WEB/20171104022057/HTTPS://WWW.WESEARCHR.COM/CONTRIBUTE)
PRIVACY (HTTPS://WEB.ARCHIVE.ORG/WEB/20171104022057/HTTPS://WWW.WESEARCHR.COM/PRIVACY)
CONTACT US (HTTPS://WEB.ARCHIVE.ORG/WEB/20171104022057/HTTPS://WWW.WESEARCHR.COM/CONTACT)
TERMS & CONDITIONS (HTTPS://WEB.ARCHIVE.ORG/WEB/20171104022057/HTTPS://WWW.WESEARCHR.COM/TERMS)

We have not been served any secret court orders and are not under any gag orders.
© 2017 WeSearchr
Exhibit C
6/8/2018 Nazis Rally Around Man Accused of Giving Journalist Kurt Eichenwald a Seizure – Angry White Men
”
Angry White Men
(((Tracking the Alt-Right)))
Nazis Rally Around Man Accused

of Giving Journalist Kurt
Eichenwald a Seizure
ON MARCH 18, 2017MARCH 21, 2017 / BY EYES ON THE

RIGHT / IN ALT-RIGHT, ANTI-SEMITISM, CHARLES C.
JOHNSON, JOHN RIVELLO, RACISM, RICHARD SPENCER,
WESEARCHR
On December 16, 2016, Vanity Fair contributing editor Kurt Eichenwald

had just done one of the weirdest interviews of the year
(http://www.salon.com/2016/12/16/watch-kurt-eichenwald-faces-
off-with-tucker-carlson-in-one-of-the-oddest-interviews-of-2016/) with
Fox News pundit Tucker Carlson — with props no less — when he
received a tweet from a user named @Jew_Goldstein. It consisted of a
single animated GIF with a rapidly flashing strobe effect. The text on
the image read “YOU DESERVE A SEIZURE FOR YOUR POSTS.” The
very next tweet from Eichenwald’s account, purportedly sent by his
wife, informed @Jew_Goldstein that he “caused a seizure” and that the
incident would be reported to the police.
https://angrywhitemen.org/2017/03/18/nazis-rally-around-man-accused-of-giving-journalist-kurt-eichenwald-a-seizure/ 1/13
The use of the strobe effect was no accident. Eichenwald is known to
suffer from epilepsy (http://www.epilepsy.com/learn/epilepsy-
101/what-epilepsy), a “chronic disorder” marked by “recurrent,
unprovoked seizures.” According to the Epilepsy Foundation,
approximately 3% (http://www.epilepsy.com/learn/triggers-
seizures/photosensitivity-and-seizures) of people with epilepsy have
seizures triggered by photosensitivity. Eichenwald had made it clear to
people that he is part of that 3%, which is why he has been targeted by
trolls with flashing images before.
Shortly thereafter, the Twitter account for @Jew_Goldstein was

suspended for targeted harassment, but not before dozens of other
racist trolls joined in the game, sending seizure-inducing GIFs and
mocking Eichenwald’s condition. After he recovered, Eichenwald
lawyered up, initially demanding Twitter release the user information
for @Jew_Goldstein in order to proceed with a civil suit.
However, today, it appears that will now be unnecessary. After a three

month investigation, the FBI arrested 29-year-old Marylander and ex-
Marine John Rayne Rivello in connection with the assault on
Eichenwald. According to a press release
(https://www.justice.gov/opa/pr/maryland-man-arrested-
cyberstalking) by the Department of Justice, Rivello was charged with
cyberstalking. Most disturbingly, the press release included these
details:
Additionally, according to the affidavit, evidence received pursuant to a

search warrant showed Rivello’s Twitter account contained direct messages
from Rivello’s account to other Twitter users concerning the
victim. Among those direct messages included statements by Rivello,
including “I hope this sends him into a seizure,” “Spammed this at
[victim] let’s see if he dies,” and “I know he has epilepsy.” Additional
evidence received pursuant to a search warrant showed Rivello’s iCloud
account contained a screenshot of a Wikipedia page for the victim, which
had been altered to show a fake obituary with the date of death listed as
Dec. 16, 2016. Rivello’s iCloud account also contained screen shots from
epilepsy.com with a list of commonly reported epilepsy seizure triggers and
from dallasobserver.com discussing the victim’s report to the Dallas Police
Department and his attempt to identify the Twitter user.
In other words, this is all evidence that speaks to Rivello’s criminal (not
to mention sinister) intent. Rivello allegedly made statements revealing
that he knew of Eichenwald’s condition, that he knew sending the GIF
in question was likely to cause a seizure, and that a seizure could result
in Eichenwald’s death. He appears to have found that quite amusing,
since his iCloud had a screenshot of a fake obituary for Eichenwald.
John R. Rivello
Of course, this being the Internet, there are plenty of terrible people
who believe Rivello’s behavior was perfectly innocent. The odious
Ethan Ralph of The Ralph Retort — himself no stranger
(https://angrywhitemen.org/2016/09/07/racist-gamergater-ethan-
ralph-arrested-for-assaulting-a-police-officer/) to law enforcement —
quoted Eichenwald’s attorney as stating that sending a flashing image
to a person with epilepsy was akin to “sending a bomb in the mail or
sending an envelope filled with Anthrax spores.” “Yes, sending a gif on
Twitter is no different that sending someone an envelope filled to the
brim with deadly Anthrax. Who could argue with this flawless logic?”
asked Ralph (http://archive.is/UHMTD) sarcastically.
The thing is, Eichenwald’s attorney has a bit of a point.

Rivello knew that Eichenwald suffered from a particular condition
aggravated by seeing bright, flashing images. He hoped it would cause
Eichenwald harm in the form of a seizure — perhaps one resulting in
death. I would consider this no different than giving shrimp to a person
with a severe shellfish allergy in hopes that they will go into
anaphylactic shock. Or putting a powerful magnet near a person with a
pacemaker.
Even though most people would find shellfish and magnets harmless,

there are some people with particular vulnerabilities to these otherwise
mundane objects, and these vulnerabilities can prove quite deadly.
There are a million other examples of rare conditions — both physical
and psychological — that can be triggered by everyday occurrences. It’s
just that most people aren’t horrible enough to exploit these
vulnerabilities for fun.
But again, to some, Rivello did nothing wrong — to borrow a phrase
from the alt-right. In fact, Chuck Johnson’s noxious bounty-hunting
website WeSearchr is already on the case with a fundraising plea on
behalf of “Jew Goldstein.” (http://archive.is/YfdkB) Started by a
woman named Becky Barnes, the fundraiser states that “‘journalist’
Kurt Eichenwald” — love the use of scare quotes — “had the FBI arrest
‘Ari Goldstein’ (‘Jew Goldstein’, real name John Rivello, an ex-Marine
with PTSD) for replying to a tweet with a flashing gif.”
Barnes continued her sob story, claiming that Rivello “donated to an

epilepsy charity as a gesture of goodwill and as an apology to Kurt.”
Well, I guess that makes everything all better doesn’t it? Even more
comical is Barnes’ assertion that, should this go to trial, a guilty verdict
could “redefine ‘trolling’ and what it means to troll online,” as if that’s
the most pressing issue facing people today. She continued, writing that
Rivello “can’t go to prison for tweeting a gif at Eichenwald.”
Here is Becky Barnes pleading with Twitter users to aid in Rivello’s

legal defense:
She claims to have known Rivello for “over a year” and wrote that she
“was in that dm [direct message] group the Feds raided.” In another
tweet in the same thread she further claimed that she has his “personal
contact info” and will “be talking either to him or his lawyers as soon as
he’s released from FBI custody”:
In a reply to white nationalist leader Richard Spencer, who

unsurprisingly took interest in the case, Barnes reiterated that she is “a
friend of JR’s” and that she “just set up a bounty with Wesearchr to get
approved”:
There were other Nazi fans rallying to Rivello’s defense, including

Edward Teach, who called Eichenwald a “disgusting Jew” who “is
trying to ruin a man’s life for sending him a gif” — again, downplaying
the very serious nature of Rivello’s actions:
Vendatta Vimiera proclaimed that “Jew Goldstein is innocent” and

“Jew Goldstein did nothing wrong.” Toying with the fact that Rivello
chose the name @Jew_Goldstein, Vimiera jokingly called Eichenwald an
“antisemite” [sic]:
Tim Gionet, also known as “Baked Alaska,” declared that “Kurt

Eichenwald isn’t going to put a man in prison for a tweet”:
Someone who calls himself MicroMagicMilkWand also played dumb,

baselessly accusing people like Teen Vogue‘s Lauren Duca of making
death threats (for which he offered no evidence) and implying that
Rivello was arrested for engaging in “hyperbole” or “saying ironic
things on Twitter,” which, of course, is false:
Gregory Montfort likewise pretended that sending a strobe light GIF to

a man with epilepsy is a matter of — wait for it — free speech:
Someone who calls herself Tinker Bell (weird) called Rivello a “hero”
and put Eichenwald’s name in the triple parentheses — Nazi code for
Jew — which is both racist and stupid since Eichenwald isn’t even
Jewish:
Titus Flavius informed “Kike Eichenwald” that he hasn’t “seen us

pissed off before”:
Someone going by the handle @Suziechka called Eichenwald a

“pedophile Jew” who fakes his seizures:
@genosavior2 also targeted Eichenwald because of the rumor that he’s

secretly Jewish:
Someone calling himself Jew Goldstein –I’m not even sure whose
picture they stole — asked if they could still send Eichenwald “oven
gifs”:
With all the screeching over Rivello having done “nothing wrong” and
this being a “free speech” issue, it makes one wonder why these alt-
right trolls are so concerned over one anti-Semite who was arrested for
doing something stupid and criminal. But in a way it makes sense.
Shitposting is what these folks do, and as Becky Barnes said,
this could “redefine ‘trolling’ and what it means to troll online.” After
all, Rivello stands to face tangible consequences for his disturbing
actions. For many on the alt-right, that could be a worrisome trend
indeed.
ABLEISM HARASSMENT HATE CRIME KURT EICHENWALD NEO-

NAZIS PERSECUTION COMPLEX TROLLING TWITTER WHITE
NATIONALISM
One thought on “Nazis Rally Around

Man Accused of Giving Journalist Kurt
Eichenwald a Seizure”
1. Pingback: Cybercrime Roundup: Using Twitter as a Weapon,

Copyright Trolling Porn, and Script Kiddies on the Rise | OSINT
Comments are closed.
BLOG AT WORDPRESS.COM.
Exhibit D
6/8/2018 Salting the Earth Episode 23 – The (((People))) vs. @Jew_Goldstein – Daily Stormer
Salting the Earth Episode 23 – The (((People))) vs. @Jew_Goldstein

Caerulus & Vendetta
Daily Stormer
March 20, 2017
Caerulus and Vendetta are joined by based counter-semitic lawyer Zorost to discuss the particulars of the
Kurt Eichenwald case (aka The Flash, aka AIDS Constanza). In the second and third hour we are joined
again by our friend Erica for talk on George Lincoln Rockwell, Paul Nehlen’s new movie Hijrah, and more
ovening of Eichenwald.
)))JEW GOLDSTEIN LEGAL DEFENSE FUND(((

www.wesearchr.com/bounties/jew-gol…he-legal-funding
Caerulus Rex
Twitter: twitter.com/rex_caerulus
Vendetta Vidame
Twitter: twitter.com/VendettaVimiera
Zorost
Twitter: twitter.com/Zorost1588
(((Newsweek))) on the Eichenwald Case

archive.is/DqLtz
https://dailystormer.name/salting-the-earth-episode-23-the-people-vs-jew_goldstein/ 1/2
6/8/2018 Salting the Earth Episode 23 – The (((People))) vs. @Jew_Goldstein – Daily Stormer
This Time The World – George Lincoln Rockwell
www.amazon.com/This-World-George…ell/dp/1593640145
TV’s Impression of (((Milo)))

mic.com/articles/171511/the-g…-a-milo-type-drops-by
First ever “When I was IRL”
https://dailystormer.name/salting-the-earth-episode-23-the-people-vs-jew_goldstein/ 2/2
Exhibit E
6/7/2018 How Richard Spencer Became an Icon for White Supremacists - The Atlantic
His Kampf
Richard Spencer is a troll and an icon for white supremacists. He was also my
high-school classmate.
Philip Montgomery
GRAEME WOOD
JUNE 2017 ISSUE | POLITICS
Subscribe to The Atlantic’s Politics & Policy Daily, a roundup of ideas and events in American
politics.
Email SIGN UP
O
N DECEMBER , 2007, the libertarian magazine Reason held a Christmas
bash—a “Very Special, Very Secular Christmas Party”—at its office in
Washington, D.C. The guest of honor, the late Atlantic book critic
Christopher Hitchens, tugged liberally on his drink and gave a speech about how
the holiday season was oppressive (“like living in fucking North Korea”). Then near
the height of his powers as an anti-theist pamphleteer, Hitchens led the crowd in a
https://www.theatlantic.com/magazine/archive/2017/06/his-kampf/524505/ 1/30
tuneless rendition of Tom Lehrer’s “A Christmas Carol,” before slipping away and
leaving the guests to the open bar and the mistletoe.
Among those guests was a figure from my past. I had not seen Richard Spencer in
more than 10 years. He was not yet known as our generation’s most prominent
white supremacist. I remembered him as my eighth-grade-chemistry lab partner
and high-school classmate. We spotted each other and walked closer, circling
uncertainly for a few seconds, before he spoke my name and confirmed that a
wormhole had indeed opened from late-1990s North Dallas.
Spencer must have sensed my surprise (I would have sooner expected to see our
gym teacher at a Washington magazine party). He told me he had blossomed
intellectually since high school. Then he asked me what I thought of Hitchens’s
fulminations against God. I had no interesting opinion on the subject. But Spencer
did.
Was Hitchens’s critique of Christianity, he said, not as wan and naive as

Christianity itself? Christianity had bound together the civilizations of Europe, and
now Hitchens wanted to replace it with—well, what exactly? American neoliberal
internationalism? Why should anyone care if Christianity was irrational and
illiberal, when rationality and liberalism had never been its purpose? Hitchens had
missed the point.
Spencer longed for something as robust and binding as

Christianity had once been in the West.
Spencer wasn’t exactly defending Christianity; he said that he, like Hitchens, was
an atheist. But he longed for something as robust and binding as Christianity had
once been in the West, before churches surrendered their power to folk-singing
liberals and televangelists.
I think Spencer knew he had me at a loss, because he curled out a smile and let his
point hang in the air. I was flummoxed by his argument, a more thoughtful
Nietzschean critique than I was prepared to take on—and by the unnerving fact that
the kid who’d once cribbed my chemistry notes now had something to say.
Spencer invited me to join a discussion group he was organizing, the Robert Taft
Club. I was wary when he evaded my questions about the politics of his club. He
seemed reluctant to reveal too much, too soon. I made a point to lose his business
card (he was the literary editor of The American Conservative, it said) and forget
about him, as I had 10 years before.
F
OR MOST OF the 25 years we have known each other, my attitude toward
Spencer was indifference. He arrived at St. Mark’s School of Texas, our

Dallas all-male prep school, in eighth grade. We shared a home-room
adviser and both took Latin, which he pronounced, with a verbal tic that persists
today, as if the middle consonant were a d, as in the name Aladdin.
Spencer passed his classes but didn’t excel. He played baseball and football, but you
wouldn’t have gone to games to see him play. I remember little to admire and little
to despise—other than, perhaps, the featureless mediocrity he represented to my
ambitious teenage self. When I graduated, in 1997, having won admission to the
Ivy League and achieved escape velocity from the Dallas suburbs, it was the
mediocrity of Richard Spencer that I was insufferably proud to have left behind.
But after the Christmas party, my indifference slowly gave way to a surreal
curiosity, on its way to loathing. I monitored his activities, distantly. Spencer’s
writing kept appearing, advancing ever more extreme opinions in ever more
obscure journals. In 2008, he began popularizing the term alt-right. On Facebook,
he posted images of himself with John Derbyshire—a polymathic, often charming
writer who was fired from National Review in 2012 for racism—and Richard Lynn,
an English psychologist who has argued that East Asians are slightly smarter than
whites, who are in turn much smarter than blacks. Spencer hosted Ron Paul, then
not yet widely known to have published antiblack screeds in the 1980s and ’90s, at
his discussion club.
In 2011, he moved from Washington to Whitefish, Montana, where his mother
owns a vacation home and a commercial building. (She is the heiress to cotton
farms in Louisiana, and his father is a respected Dallas ophthalmologist.) There he
edited and published a new online magazine, Alternative Right, and soon took over
the National Policy Institute. Founded in 2005 by William Regnery II, of the
conservative Regnery publishing family, NPI is a white-identity think tank with
little money and virtually no staff. During the next five years, Spencer merged its
mission with his own. It remained essentially a one-man operation—the Whitefish
house owned by Spencer’s mother is listed in official filings as NPI’s principal office,
and its 2015 IRS filing shows that Spencer drew just $13,275 in salary and was the
only paid employee. Still, under Spencer’s direction, NPI put on two conferences
and published two books that year.
Alternative Right showed signs of erudition. It was not the product of the same
Spencer I had known in high school, who’d managed to misquote Shakespeare (“A
poor player who struts and frets his hour upon the stage, then heard no more”) and
misspell the name of a SportsCenter anchor (“Craige Killborne”) on his yearbook
page. The magazine’s racism and sexism were expressed with good grammar and a
coherent view of the world. That view, now well known as the platform of the alt-
right, can be summarized as white European cultural and racial supremacy, with a
deep contempt for democracy. An active comment section revealed the site’s id:
Many of the commenters’ profile photos featured the double-rune insignia of the
SS.
When Donald Trump began adopting alt-right themes during his presidential
campaign, Spencer threw him his support. On August 25, 2016, in a scripted
campaign speech, Hillary Clinton said that the Trump campaign didn’t represent
“Republicanism as we have known it.” Controlling his campaign, she said, was “an
emerging racist ideology known as the alt-right.” With one major-party presidential
nominee using his nomenclature, and the other accused of supporting his ideas,
Spencer got famous, and he moved into an apartment in Northern Virginia. (He
continues to live part-time in Whitefish.)
A number of mortified St. Mark’s alumni conspired to speak out against him. Eight
from our class of 69, myself among them, wrote an anti-Spencer statement on a
crowdsourced fund-raising website, supporting resettlement of refugees in Dallas—
a cause we chose because we knew it would irritate him. By December, after
videographers from The Atlantic filmed Spencer receiving Nazi salutes and saying
“Hail Trump! Hail our people! Hail victory!,” the school community had kicked in
more than $60,000. (The school itself denounced the ideas espoused by Spencer—
now its most prominent alumnus since Owen Wilson and his brother Luke—though
it didn’t name him outright.)
Spencer mocked us on his blog, saying that the “Brooks Brothers Brigade” had
turned on one of its own. He scoffed at our having chosen refugees—nonwhite and
non-Christian—as the recipients of our largesse. We had reacted, he wrote, by
deciding “to commit civilizational suicide even harder than before … If this episode
doesn’t express the end stage of WASP decline, I don’t know what does.” His fans
concurred. “I suppose from a Darwinian point of view we have to accept that most
Whites are no longer fit for survival,” reads the post’s second-most-popular
comment. “We need a Western Purge, a Noah’s Ark moment where the traitors
came [sic] be thrown to the niggers to be raped and murdered.”
Video: Rebranding White Nationalism
An Atlantic original documentary goes inside Spencer’s ethnocentric worldview to understand his plans
for the so-called alt-right.
W
HEN I ASKED SPENCER to meet me in January, before Trump’s
inauguration, he showed better manners than his fans. (He denies

that he advocates violence.) The front door of his apartment in
Alexandria, just outside Washington, is not clearly marked, and even though he had
given me the address, I wouldn’t have found it had a bespectacled young man not
intercepted me outside, while I was rummaging around trash cans looking for a
house number. “Can I help you?” he asked. He had brown hair and a geeky affect.
I wasn’t sure how to reveal to a stranger that I had come to meet Richard Spencer.
“I am supposed to meet someone,” I said, so vaguely that I must have sounded like
I was en route to a drug deal or an orgy.
“Do you have edg y political beliefs?” he asked, looking at me askance. (Yet another
bland code word: edg y, discussion club, policy institute, even alt-right itself.)
“No,” I said, “but I’m here to meet someone who does.” He motioned me upstairs,
to a newly renovated yuppie apartment where a television news crew was striking
its equipment. The reporter, an Asian woman, stood in the corner and did not
introduce herself, uneasy, perhaps, at the thought of exchanging pleasantries with
a Spencer associate now that the cameras were off and she wasn’t professionally
required to do so.
Spencer walked over, carrying a freshly pressed espresso, and said hello. He
dresses nattily and today wore a patterned shirt, a wool vest, and a sport coat. He
looked like the scion of a Montana banking family, dressed up and ready to film a
commercial in a log cabin, assuring local ranchers that their deposits would be safe
with him. Only the Reich-evoking fascist-chic (“fashy”) haircut would have been
out of place.
Once the crew was gone, he and the young man I’d met outside (a “minion,” he
called himself) ate lunch with me at a nearby Thai restaurant. The meal was
interrupted once, by a young black woman who asked whether he was Richard
Spencer, the famous racist. “Yes?,” Spencer said, cowering half-playfully. She
declared that he “doesn’t look as mean in person” before walking off. (Because so
many of his critics liken him to a Nazi, Spencer often gets this sort of compliment,
for the simple courtesy of not mauling Jews or screaming in German in public.)
Spencer asked me to leave his minion’s identity out of the story—“I have a ‘normie’
[conventional] job,” the minion explained, “and I don’t want to get punished for
this”—but otherwise kept the conversation on the record.
Spencer began by complimenting my reporting for this magazine on the Islamic

State. “Your articles on ISIS have been popular on the alt-right,” he told me.
I winced: Anti-Muslim bigots liked that I had described ISIS as an Islamic

movement, linked to traditions within Islam. “Is that because you hate Muslims?,”
I asked.
“No,” he said. “Because ISIS is an identity movement. Because they have ideas, and
because you wrote about their ideas. Also, they are a grassroots movement.
They’ve built themselves up fast, from nothing.”
I told him I was a leader of the Brooks Brothers Brigade and had contributed to our
class’s effort to disown him. “It was hurtful,” he admitted, to find himself officially
reviled by our school’s community. “They should be proud to have a graduate who
is changing the world.” He said that singling him out among alumni, for nothing
more than political thoughtcrime, was unfair.
A bookshelf in Spencer’s office. He counts the German scholars Friedrich Nietzsche and Carl Schmitt
—both skeptics of democracy—among his most important intellectual influences. (Philip Montgomery)
He proposed other alumni who deserved condemnation. “I met a St. Mark’s guy
who had been a bundler [fund-raiser] for George W. Bush,” Spencer told me.
Spencer said that he’d sensed condescension from the man, and had chewed his
tongue raw to keep from upbraiding him. “You led to the deaths of tens of
thousands of Americans, and millions in Iraq! Who are you to talk?”
In his view, the Bush administration had manipulated the country into war.
“Spreading democracy” and “freedom” are, Spencer said, false ideals, distracting
Americans from what really matters—namely, a consciousness of their identity as
whites with a shared Christian heritage.
Spencer fantasized about the reversal of fortune that might come if the fund-
raiser’s enemies should gain more power. “If the alt-right triumphs, we’re going to
probably throw you in jail. We’ll hold you guys accountable.”
Other targets among the alumni community included Kurt Eichenwald, class of
1979, a Newsweek journalist who had written critically about Trump and the alt-
right during the 2016 campaign. Eichenwald suffers from epilepsy, and in
December, a Twitter user calling himself @jew_goldstein tweeted a strobe-light GIF
to him that triggered a series of seizures, leading to temporary partial paralysis on
his left side. Spencer blanked on Eichenwald’s name, and both he and the minion
laughed as they tried to recall it.
“What is that guy’s name? The one whom we almost killed?”
“No, no,” the minion corrected him, with the precision of in-house counsel. “We
did not send that.”
Spencer revised his statement. “We collectively almost killed him. Some alt-right
shitlord”—alt-right-speak for “online activist”—“sent him a meme.” Two months
later, @jew_goldstein was revealed as John Rivello, 29, of Maryland, and charged
with cyberstalking and aggravated assault with a deadly weapon. According to the
federal criminal complaint, Rivello wrote, in private messages, “I hope this sends
him into a seizure” and “Let’s see if he dies.” Spencer retweeted an appeal to
crowdfund Rivello’s defense “against lying #fakenews Kurt Kikenwald.”
(Eichenwald is Episcopalian.)
Spencer worried about political correctness at our alma mater today. “What if
there’s some kid at St. Mark’s who is an alt-right shitlord, who has an anonymous
Twitter account, posting videos, following me, retweeting me?” he asked. “What’s
going to happen to him if he gets discovered?” He looked troubled.
“If you had been overtly racist, the way you are now, back when we were students,”
I told him, “I’m sure you’d have been expelled or sent to the school psychologist.”
He said I might be right.
I
N DECEMBER, the hipster-Marxist magazine Jacobin published an online essay,
“The Elite Roots of Richard Spencer’s Racism,” that sought to understand his
white supremacy. “He represents a common and longstanding (if overlooked)
phenomenon: the well-educated and financially comfortable bigot,” the author,
Michael Phillips, wrote. “His blend of racism and elitism represents only an
extreme version of a worldview that has long prevailed among the affluent in
Spencer’s hometown.”
Phillips knows Dallas, but he has Spencer exactly wrong. Still, for purposes of
comparison, it’s helpful to describe a worldview that flourished when Spencer and I
were growing up there. Sometimes called “good-ol’-boy conservatism,” it reached
its apotheosis in the candidacy of Clayton Williams for governor in 1990. Williams,
now 85, campaigned with a cowboy hat seemingly stitched to his skull. An oil-and-
gas mogul, he stood for backslapping redneck values—limited government,
satisfaction with the social status quo of 1957 or so, and Texas pride. Williams’s
campaign tanked in part because he joked openly, in front of reporters, that rainy
weather is like rape—sometimes you just have to “relax and enjoy it.” (How tender
were our sensibilities then, that an election could turn on such a quip.) Many good
ol’ boys were racist. But they knew that it was distasteful to talk about race too
much, and they knew that the correct answer, when asked about it in public, was to
deny that it mattered or that it should matter. Williams lost the election to Ann
Richards but won the straw poll in my sixth-grade class at St. Mark’s. 
At lunch, Spencer and I tried to think back to the distant land of 1990s Dallas, for
memories of our shared education on race. Our class was mostly white, with a few
Asians and Hispanics and a lone black student. I was one of a very small number of
students of mixed race (half-Asian, half-white, in my case). Our school had hired
multicultural facilitators to lead workshops on prejudice, we recalled, so at some
official level we had been taught the racial dogma of ’90s liberalism. I wondered
whether Spencer had reacted rebelliously, becoming racist out of irritation at the
clichés of the era. But he remembered these sessions less clearly than I did and
seemed, if anything, less annoyed by their memory than I was. (I had found the
facilitators condescending.)
Spencer was, however, also less sensitive to the actual racism common at St. Mark’s
and other elite institutions in Dallas back then. He could not recall in any detail the
occasional prejudice, racial lampooning, or social segregation that students of color
remember vividly. In 11th grade, a history teacher performed an outrageous
Mickey Rooney–esque pantomime of the Japanese, to teach us about Pearl Harbor.
After a black alumnus, the brother of our black classmate, was randomly murdered
while home from Morehouse College, the campus did not convulse with mourning,
as it surely would have for a white student. Instead, the reaction was muted, as if
the community was unsure what grief about a black student should look like. “I just
don’t remember that much from that period of my life,” Spencer told me while we
ate.
Of the two of us, Spencer had been closer to John Lewis, our only black classmate.
According to Lewis, he and Spencer had been friends. Now Lewis, a businessman
in California, is estranged from St. Mark’s because of the school’s slowness to
ostracize Spencer from the alumni community.
“My upbringing did not really inform who I am,” Spencer said with a shrug. Then
he reconsidered. “I think in a lot of ways I reacted against Dallas. It’s a class- and
money-conscious place—whoever has the biggest car or the biggest house or the
biggest fake boobs,” he told me. “There’s no actual community or high culture or
sense of greatness, outside of having a McMansion.” He emphasized culture in a
way that evoked a full-bodied, Germanic sense of Kultur. In fact, Spencer has joked
that he would like to be the Kulturminister of a white “ethno-state.” He imagines
himself having a heroic role in the grand cycle of history. “I want to live
dangerously,” he said. “Most people aspire to mediocrity, and that’s fine. Not
everyone can be controversial. Not everyone can be recognized by a random person
in a restaurant.”
In the fall of 1997, he struck out from Dallas to find his cultural fortunes at Colgate
University, in upstate New York. His time there produced even more profound
amnesia, and he doesn’t say much about it, except that he starred in a production of
Oscar Wilde’s The Importance of Being Earnest. It is not a play especially beloved in
Texas bro culture, and classmates who saw Spencer in that period report that he
took on a Wildean air, dressing foppishly and affecting accents. (On Facebook last
year, one of the card-carrying bros of our class called Spencer “Homo Himmler,”
although he quickly apologized for the derogatory use of homo. Spencer denies the
“stupid rumor,” widely whispered among our classmates, that he is gay. He is
married to a Russian Canadian woman, Nina Kouprianova, who lives with their
toddler daughter in Montana.) That Spencer may have experimented with his
identity as a young man is hardly surprising or incriminating—he was, after all, still
in his teens, and entitled to try on personae.
He lasted just one academic year at Colgate before transferring to the University of
Virginia, where he majored in music history and English. He developed
intellectually after a swift kick in the cortex from Richard Wagner and, ultimately,
Friedrich Nietzsche, the 19th-century German philosopher whose skepticism of
democracy and egalitarianism later made him beloved by the Nazis. “You could say
I was red-pilled by Nietzsche,” Spencer told me. To “red-pill,” in alt-right slang, is
to enter a vertiginous spiral of awakening and reassessment. The term comes from
The Matrix, in which Keanu Reeves’s character discovers, after swallowing a red
pill, that his universe is counterfeit, his fellow humans are enslaved to false dreams,
and he himself is destined to free them.
The false dreams from which Spencer found himself freed were the dreams of the
good ol’ boy, who goes to church on Sunday and does things as his granddaddy did
before him. Spencer started off with Nietzsche’s On the Genealog y of Morals, a
systematic dismantling of the moral and religious truths of European civilization.
Nietzsche saw Christianity as a slave religion, a consolation to the weak. Spencer
says that the general effect, an inversion of his moral universe, was “shattering.”
A whiteboard Spencer uses to plan his YouTube videos, which he records in his apartment (Philip
Montgomery)
The influence of Nietzsche may explain why Spencer’s conservatism is not, in
good-ol’-boy fashion, merely an attempt to revive a bygone way of life. “Some
people in the alt-right are kind of like, ‘Women go back to the kitchen, gays go back
in the closet’—like everything was great in the ’50s. I don’t believe that at all.” The
concerns of conservative Christians don’t interest him. He doesn’t mind gay
marriage, and he favors legal access to abortion—partly to reduce the number of
blacks and Hispanics. “Smart people are not using abortion as birth control … It is
the unintelligent and blacks and Hispanics who use abortion as birth control,” he
said recently on AltRight.com’s YouTube channel. “This can be something that can
be a great boon for our people, our race.”
Spencer graduated from UVA in 2001, then proceeded to the University of Chicago
for a master’s degree in humanities. He said he studied there with the philosopher
Robert Pippin, who “influenced me a great deal.” “It was there I started
questioning the fundamental nature of democracy,” Spencer said. (Pippin doesn’t
remember him. “I regard his rhetoric and activities as loathsome and despicable,”
Pippin wrote to me. “I revere the founding principles of liberal democracy, and
want no association with the man.”) At a party during his year at Chicago, he
confessed his political leanings to the Marxist philosopher Gopal Balakrishnan,
then a professor at the school. Spencer recalls that Balakrishnan gave a professional
diagnosis on the spot: “You’re a fascist.”
A
MERICANS DISMAYED BY their country’s direction have sought exile and
renewal in Europe many times: Think of John Reed’s migration to

Bolshevik Russia in 1917, or Ezra Pound’s flight from America’s
“botched civilization” to Mussolini’s Italy. In the early 2000s, Europe far surpassed
America in right-wing innovation, and when Spencer arrived in Germany in 2002,
he landed on a continent pregnant with multiple nationalist, anti-immigrant
groups: Vlaams Belang in Belgium, the National Front in France, Jörg Haider’s
parties in Austria.
He spent parts of the next few years studying German on the banks of the
Chiemsee, a lake southeast of Munich; working as a gofer at the Bavarian State
Opera; and reading widely in German literature and history. Among the German
ideas he adopted was a concept of race different from the one he and I had been
taught in our multicultural workshops in the ’90s. In the modern era, American
discussion of race has limited itself, by convention, to a few canonical categories:
black, white, Asian, American Indian, Hispanic. “Race isn’t just color,” Spencer
told an audience in December. “Color is, in a way, a minor aspect of race.”
For Spencer, race is more akin to the German Volksgeist, literally “the spirit of a
people.” Volksgeist is associated, historically, with Johann Gottfried von Herder
(1744–1803), and Germans became enchanted with it during the 19th century.
Some would say the Second World War was the culmination of German devotion to
their own Volksgeist. Herder’s followers proposed that each people has an essence
that distinguishes it from others. Germans are not French; French are not Zulus;
Zulus are not Koreans. The idea was adopted by the black American scholar W. E.
B. Du Bois (1868–1963), who traveled to Germany at the same age as Spencer and
drank his philosophy of race from the same Teutonic fountains:
The history of the world is the history, not of individuals, but of groups,
not of nations, but of races, and he who ignores or seeks to override the
race idea in human history ignores and overrides the central thought of
all history. What, then, is a race? It is a vast family of human beings,
generally of common blood and language, always of common history,
traditions and impulses, who are both voluntarily and involuntarily
striving together for the accomplishment of certain more or less vividly
conceived ideals of life.
Spencer told me the Volksgeist he advocated was that of white Christendom, a group
with indistinct geographical borders, but roughly including European peoples, from
Iberia to the Caucasus, who were Christian as of a few hundred years ago. I
proposed that this understanding of “white European culture” seemed arbitrary. It
ignored the divisions that European identity movements found crucial. He
suggested that any concept of identity could be knocked down if overanalyzed, and
overanalysis would only lead to inaction. “I could just sit here masturbating in my
own filth,” he said, probably rhetorically.
The importance of identity creation for Spencer cannot be overstated. It is why

every black-on-white rape must be portrayed as the ravishing of all white
womanhood, and every Syrian orphan who moves into an American city as the
general of a colonizing army.
I asked whether I, as someone who is half-Chinese but had a classical Western

education, would fit within his group, and he hedged, impishly. “I’m a generous
guy,” he told me. “If you truly identify with our people, I would not have any
problem with that.” But there were genetic deal breakers. “A full-blooded African,
no matter how wonderful he might be—I’m not sure that would really work.”
The other German forerunner Spencer claims is Carl Schmitt (1888–1985), who
was, for a time, the court political philosopher of the Third Reich. Schmitt’s work
has enjoyed a renaissance recently, and even liberals have found it useful, in part as
a worthy oppositional philosophy that has forced them to improve their own.
Spencer is hardly Schmitt’s heir. But his reading of Schmitt is fair and reasonably
nuanced.
“There’s this notion of parliament as an ‘endless debate,’ ” Spencer explained over

lunch. Liberalism accepts that disagreement is part of the political process, and that
people who disagree profoundly can live together. But eventually, Schmitt argued,
the parliamentary debate does end, and someone gets his way while someone else
does not. The state’s job is to provide not the coffeehouse for the debate, but the
threat of a beating to compel the loser to accept the result. “Politics is inherently
brutal,” Spencer told me. “It’s nonconsensual by its very nature. The state is
crystallized violence.”
To this already dangerous political philosophy Schmitt eventually added a further

provocation. Given that debate, procedure, and politics all end in the same place—
crystallized violence—what or whom should the violence serve? The answer, he
said, is some group of close affinity. And the groups with the most full-bodied
affinity, a common mythology and experience, are races. “The idea of the ethnic
identity will pervade and dominate all our public law,” Schmitt wrote in 1933, and
he was just getting started. Within a few years, he was defending the nearly
complete annihilation of law and politics as the Führer’s prerogative as champion of
the German race. In times of emergency, Schmitt argued, the leader can declare
the law null (he called this a “state of exception”) and use force at will to serve the
state.
The upshot of this philosophy is, in Spencer’s interpretation, to devalue the

homespun truths that have united America’s political parties for decades. Good ol’
boys, neoconservatives, and liberals all honor democracy, freedom, markets,
human rights, and various other abstractions. To Spencer, these are idols, and their
twilight is upon us.
“O
BVIOUSLY, GERMAN NATIONAL SOCIALISM is not something that has
any direct relationship with what I’m doing right now,” Spencer
told me. That was horseshit, but I let him continue. Nazis were
violent, he said, and “that is not something that I would have anything to do with.
I’ve never advocated that or ever glorified that. I am a dissident intellectual. I am
not in charge of the police force or the Army. I’m not ordering the roundup of
anyone and throwing them into camps.”
There is the small matter of his aesthetic, starting with the famous fashy haircut.
One might, with exceptional charity, attribute the haircut to a trollish desire to get
his enemies worked up. But hair aside, his appropriation of Nazi tropes is relentless.
In his notorious speech that ended in a roomful of fascist salutes, for instance, he
referred to the mainstream media as the “Lügenpresse” (“lying press”), a Nazi-era
smear against anti-Hitler media, even if Spencer flubbed the pronunciation.
Spencer sees American values as something not to restore,

but to replace. His “Hail Trump” speech describes a
diseased country.
More to the point, Spencer’s ideas themselves are Nazi to the core, and he knows it,
even if many of his followers do not. Hitler, too, viewed politics as a struggle and
disdained those who imagined it instead as cooperative. For his own race he
envisioned a special destiny, like that of an apex predator, expanding its territory
until it occupied the land nature intended for it. Here is Spencer, in that same “Hail
Trump” speech, on the destiny of whites:
To be white is to be a striver, a crusader, an explorer and a conqueror. We

build, we produce, we go upward … For us, it is conquer or die. This is a
unique burden for the white man, that our fate is entirely in our hands.
And it is appropriate because within us, within the very blood in our veins
as children of the sun, lies the potential for greatness.
That is the great struggle we are called to. We are not meant to live in
shame and weakness and disgrace. We were not meant to beg for moral
validation from some of the most despicable creatures to ever populate
the planet. We were meant to overcome—overcome all of it. Because that
is natural and normal for us. Because for us, as Europeans, it is only
normal again when we are great again.
Thwarting the competition among races, Hitler proposed in Mein Kampf, was a
cavalcade of abstractions: justice, human rights, democracy, communism,
capitalism. Spencer mocks these same abstractions as shibboleths of the modern
age. Members of the mainstream right, he said in a December 2016 speech, “talk
about global capitalism, and free markets, and the Constitution, and vague
Christian values of some sort. But they never ask that question of Who are we? They
never ask that question of identity.” His “Hail Trump” speech describes
the concepts that are now designated “problematic” and associated with
whiteness—power, strength, beauty, agency, accomplishment. Whites
do and other groups don’t … We don’t exploit other groups. We don’t gain
anything from their presence. They need us, and not the other way
around.
These are among the most orthodox Nazi statements ever uttered by an American
public figure.
S
PENCER WEARS A permanent naughty grin, as if he is getting away with
something. In a sense, he is: There are vanishingly few true Nazis in this
country, and few people believe everything Spencer believes. And yet he
has become a beacon to those resentful of the direction of American society and of
their own lives. That grin is the grin of a man who cannot believe his luck at being a
fascist just at fascism’s moment of American ascent.
The American right has had extreme fringes for some time, operating on low radio
frequencies and languishing in obscurity. Perhaps the best known of these was the
John Birch Society, founded in 1958 as a dying wheeze of McCarthyism. But the
Birchers existed to vanquish communism. Individual members were racist, but the
society’s leaders tolerated blacks and Jews willing to rail against the Reds. (George
Schuyler, a former official of the NAACP, was a member.) The Birchers were
twisted patriots, and in their patriotism they resemble mainstream conservatives
(think Clayton Williams, but also George W. Bush) much more closely than they
resemble Spencer.
Spencer emerges from a darker tradition, one that sees American values as
something not to restore, but to replace. His “Hail Trump” speech, even more than
Trump’s “American carnage” inaugural address, described a diseased America, its
culture mired in “filth” and its cities “rotted.” He nodded to the Founding Fathers
and the disapproval they would cast on modern America—but only to note that
their ideals clash with present-day liberalism, and not to suggest that their ideals
are his own.
No census of the alt-right exists. The movement, such as it is, may have come
together and found public expression in part because of the internet, where its
followers can amass and reinforce one another’s pathologies. But clearly a few of its
claims have acquired special salience, all at once.
The world may be no more complicated now than it was in the past, but exposure to
more aspects of it has proved disorienting to many Americans. Far-off wars and
economies determine, or seem to determine, the fates of more and more people.
Government has grown so complicated and abstract that people have come to
doubt its abstractions altogether, and swap them for the comforting, visceral truths
of power and identity.
Meanwhile, religion has faded. Hitchens would have said that’s for the best. But at
the Christmas party, Spencer was right about religion’s power. It exerted a binding
force and sense of purpose on its followers, and in its absence, the alt-right is
delighted to supply values and idols all its own.
It is impossible to hear Spencer or Trump speak about the “filth” and “carnage” of
America without sensing that many of their followers consider the whole American
project discredited. Spencer’s is only one philosophy offering itself as an
alternative. As we talked, I was frequently reminded of John Georgelas, the 33-
year-old Dallasite who is now the Islamic State’s highest-ranking American. (I
profiled Georgelas in the March 2017 issue of this magazine.) Both men are the
only sons of wealthy north-Dallas physicians. They both bloomed late,
intellectually and politically, and overcompensated by immersing themselves in
books and ideas with gusto uncommon among their bourgeois demographic. Both
admired Ron Paul, and both saw their home country as a broken land—and
themselves as its savior.
They are also both young. Trump’s supporters skew old, but the alt-right’s warriors
are Spencer’s age (he is 39) or younger. Millennials are rapidly untethering
themselves from American values that until recently have been described as
bedrock. The political scientists Yascha Mounk and Roberto Stefan Foa have noted
that belief in the essential importance of living in a democracy has dropped off
dramatically among the young, and support for “Army rule” has increased to one in
six Americans. A generation ago it was one in 16.
Perhaps some of this disregard for the cornerstones of modern Western

government can be written off as (very late) adolescent posturing. Spencer himself
is aware of the hipness gap that yawns between the alt-right and liberalism, to the
former’s advantage. The young are suckers for rebellion, and Spencer’s is a rebel
movement. Some will age out of rebellion, but others will, like malevolent Peter
Pans, refuse to grow out of the fascism of their youth.
Spencer expects many of his critics to fall in line once victory comes. “People are
herdlike,” he told me. “There’s a story about a Bolshevik agitator who was always
getting harassed and beaten up by a policeman in Moscow. Ten years later, the
Bolshevik was in power, and the same man came into his office and literally clicked
his heels: ‘Onwards with the revolution, sir!’ ”
At a Trump victory party on election night, Spencer was spotted hooting and running about giddily. In
a single evening, his timeline skipped a decade ahead. (Philip Montgomery)
T
HE AMBITION IS EVIDENT but the path to victory unclear. Spencer’s
revolutionaries seem, at present, to consist largely of anonymous online

activists. The alt-right has masterfully inflated itself by fielding zombie
armies of Twitter accounts—just like ISIS does—and trolling journalists and others
capable of amplifying its collective voice. The closest connection between Spencer
and the White House is Stephen Miller, a senior policy adviser to President Trump.
In an interview with The Daily Beast, Spencer called himself a “mentor” to Miller.
He told me that the two of them worked and socialized with each other as members
of Duke University’s conservative union, while Miller was an undergraduate and
Spencer a graduate student in intellectual history. (After receiving his master’s
from the University of Chicago, Spencer studied for a doctorate at Duke, though he
never earned his degree.) But Miller denies any close association between them,
and he told The Washington Post that he “condemn[s]” Spencer’s “rancid ideology.”
As Spencer himself notes, Donald Trump is not a creature of the alt-right or, one
suspects, of any other coherent political philosophy. He is, Spencer has said,
“compromised by the perversions that define this decadent society” (so much for
Spencer’s ever getting a plum ambassadorship), and he doesn’t really mind blacks
and Jews, when having them around suits his purposes. I suspect that any high-
ranking official in the Trump administration would be fired if discovered
collaborating with Richard Spencer. (Then again, Sebastian Gorka, a deputy
assistant to Trump for national security, has allegedly associated with a far-right
Hungarian group known for its Nazi ties—Gorka denies this—and he retains his
office.) Some statements by Steve Bannon, Trump’s chief strategist and the former
chief executive of his presidential campaign, harmonize with Spencer’s core claims.
In 2015, when discussing the alleged overrepresentation of Asians among
executives in Silicon Valley, Bannon told a guest on the satellite-radio show
Breitbart News Daily that “a country is more than an economy. We’re a civic society.”
The obvious question—why wouldn’t Asians be a part of American civic society?—
has an answer that Spencer is ready to provide. The guest on the podcast, who did
not dissent from Bannon’s comment, was Donald Trump.
Before the election, Spencer wrote on Twitter: “Forget the polls. We have a
candidate for President who’s demystifying ‘racism’ and the financial power
structure.” “No matter what happens,” he continued, “I will be profoundly grateful
to Donald Trump for the rest of my life.” At a Trump victory party in Washington
on election night, Spencer was spotted hooting and running about giddily. He had
hoped that Trump’s candidacy would be a small step toward the mainstreaming of
his ideas. In a single evening, his timeline skipped a decade ahead. The long-term
goal, Spencer says, is the establishment of a “post-American” white “ethno-state,”
through a slow process of awakening ethnic pride and instituting government
policies that reflect a new white race consciousness.
Spencer has been casing out a role for himself as a human alarm clock in this
process of awakening. He told me that he wanted to be the alt-right’s William F.
Buckley Jr.—an intellectual entrepreneur who patrols the ideas behind the politics,
swinging the nightstick when someone from his movement gets out of line.
Buckley emerged, at an age younger than Spencer is now, as a cultural icon, the
founder and editor of mid-20th-century America’s most unsubmissive journal of
ideas, National Review, and later the host of its most highbrow television show,
Firing Line. Buckley had a flair for theater. He injected his ideas into the public
consciousness both openly and insidiously, by announcing them loudly, and by
making roguish and heretical asides in otherwise sleepy moments of debate. The
poison (or antidote, depending on your view) entered the bloodstream with only the
slightest prick felt—but felt it was, and many a viewer came to love and hate
Buckley for the thrill of intellectual disorientation. Spencer lacks this suave touch,
but he tries to work a lowbrow form of the same magic, through the obnoxious,
needling harassment that he and his shitlords call trolling.
I went back to see Spencer a few days after he got slugged.

He had upgraded his security. He insisted that we order
lunch‚ rather than going out in public.
“There is a value to shock,” Spencer told me. “You can open someone’s mind with
something shocking: ‘I’ve never thought of that before!’ ‘I can’t believe he actually
said that!’ There is something to be said for not just retreating into a bourgeois,
boring version of my ideas.” Here is the kernel of truth in Spencer’s justification of
his “Hail Trump” salutes as ironic, or performative. The salutes provoked
sputtering rage from right-thinking people, and between sputters the enraged
dropped their intellectual guard. It is hard to be enraged and analytical all at once,
and many chose rage. But rage confers no defense against ideas. “Take the term
ethno-state. I don’t want to sound like I’m bragging, but ethno-state has now been
used in mainstream sources!” (This article is one of them.) “That term would never
be used before. They’re not necessarily original ideas to me, but they’ve never been
brought to the mainstream in this way.”
O
N INAUGURATION DAY, Spencer gave an interview to an Australian
television station near Franklin Square in Washington, D.C., and was

asked to explain his movement’s mascot, a homely cartoon frog. “It’s
Pepe,” he said. “It’s become kind of a symb—” and then a masked assailant clocked
him on the ear, hard enough to send him reeling off camera. Spencer’s many, many
haters shared the video, gloating, and even mainstream outlets glamorized the
assault by distributing remixes of the footage. I do not recall seeing Buckley
assaulted on camera, although I’m sure many viewers would have enjoyed the
spectacle; Norman Mailer and Gore Vidal would gladly have contended in a
semifinal for the privilege of coldcocking him.
I went back to see Spencer again a few days later. He had upgraded his security.
The nebbishy sentinel who had caught me out by the trash cans had been replaced
by another man, halfway between bodyguard and babysitter, who accompanied
Spencer when he left his apartment. A new dead bolt secured the door, and a Bowie
knife rested on a windowsill. There was a pistol in the kitchen.
Spencer was hit twice, once under the left eye and once on the right ear. The eye
sported a shiner, and the ear was crusted with blood. Spencer said his eardrum had
ruptured. “It kind of feels like when you’re flying in a plane and your ears pop,” he
said. “It basically feels like that all the time.” He insisted that we order our Thai
food in this time. “You saw that I got spotted even the last time we were out,” he
said, referring to the black woman at lunch. “I don’t know how people will react
now.”
“Am I just going to be harassed for the rest of my life? Living in Whitefish is quite
difficult,” he said, due to protests. “I thought there would be a little bit of
anonymity” in Alexandria. Now he could not walk around without fear.
He said he was going to change his haircut—I’d remarked that it made him stand
out—but insisted that fashion was the reason. “I think the fascist haircut has
peaked. Aesthetically, I think it can definitely be improved on. Maybe I’ll try a Tom
Cruise, from Mission: Impossible IV.”
He sounded vulnerable, for the first time since he’d said the St. Mark’s campaign
had wounded him. “I have a right as a citizen to walk the streets and not be
attacked, and I have the right to be protected,” he complained.
Detritus on Spencer’s floor, including a file folder labeled “Loyalty and Betrayal,” a newspaper
published by the Greek neo-Nazi party Golden Dawn, and handwritten notes describing an encounter
with police (Philip Montgomery)
Spencer was obviously right when he said he should not be assaulted. But we both
could taste the irony in the situation. If he hadn’t caught himself, he might have
started talking about his “human right” not to be brutalized with impunity. Instead
he recovered, and used the irony to his advantage. “The fact that they are excusing
violence against Richard Spencer inherently means that they believe that there’s a
state of exception, where we can use violence,” he said. “I think they’re actually
kind of right.”
“War is politics by other means and politics is war by other means,” he said. “We
don’t all want the same thing. And that’s why I think there is a kind of state of war
going on.”
A
S ONE WHO knew Spencer when we were both hapless, overprivileged
adolescents, sharing a desire to transcend our origins, what interests me

the most about him is his self-reinvention, the intellectual costume
changes (foppish actor, grad-school blowhard, opera-director manqué, and now
architect of a white utopian dream of world-historical consequence) spanning three
decades. After all, it is said that one of the great advantages of America is that its
daughters and sons can escape the strictures of the world in which they were raised,
be unlike their forefathers. Spencer has certainly done that.
Much about his most recent and significant transformation reminds me of a 1957
Norman Mailer essay, “The White Negro,” that tried to explain trends in white
culture during an age that was, in some ways, as disorienting as our own. Living in
the shadow of nuclear annihilation, and having freshly returned from war, whites
found their own culture anemic and soporific. They craved danger—and they found
it by imitating blacks, who knew danger without craving it, and whose culture,
language, and daily life were smelling salts for their own. Mailer described the
sensation: “No Negro can saunter down a street with any real certainty that
violence will not visit him on his walk … [He knows] in the cells of his existence that
life [is] war, nothing but war.” Spencer, too, is a pale imitator. He wanted danger,
or thought he did, and now he has it.
Spencer must have known that the life he was choosing would get him hated and
taunted. But he seemed at most half-aware that it would get him slugged in the
face, and completely unaware that it might get him killed. Fifty years ago, George
Lincoln Rockwell, the urbane leader of the American Nazi Party, was shot dead in
the parking lot of a laundromat, just seven miles from where Spencer lives now.
There must be an intellectual thrill in knowing that people might care enough to
want to kill you. Spencer seemed unsure whether the thrill would remain worth the
risk.
It is difficult to conceive of a path to repentance for Spencer. There is enough in his

philosophy that is challenging to the modern American condition, and enough
about the modern American condition that is challenging to itself, that he isn’t
likely to be convinced of his error. His revolutionary movement is unlikely to
succeed. But it is, I fear, authentic and durable. The shame of its indecency is felt
only by those who share the country with Spencer, not by the man himself.
ABOUT THE AUTHOR
GRAEME WOOD is a national correspondent for The Atlantic and the author of The Way
of the Strangers: Encounters With the Islamic State.
 Twitter  Email
Exhibit F
6/7/2018 Richard 🇮🇹 Spencer on Twitter: "Let's start a legal defense fund for this hero of the meme war. https://t.co/0K6QSCPu0z"
  
Home Moments Search Twitter  Have an account? Log in
Richard Spencer
@RichardBSpencer
Follow 
Let's start a legal defense fund for this hero
of the meme war.
Richard Spencer © 2018 Twitter

About Help Center
@RichardBSpencer
Terms Privacy policy
Co-Editor: AltRight.com. Cookies Ads info
President: TheJohn
National Policy
Rivello arrested, accused of causing Newsweek writer Kurt Eichenwald’…
Institute. Support:
FBI officials arrested the man in Maryland on Friday, according to Kurt Eichenwald’s
makersupport.com/richardbspenc
lawyer.
er Media:
newsweek.com
hello@richardbspencer.com
 Alexandria,
1:19VA
PM - 17 Mar 2017
 richardbspencer.com
 209 Retweets
Joined October 2011 379 Likes
 51  209 379
GreatRedNorth @GreatRedNorth · 17 Mar 2017 

Replying to @notBeckyBarnes @RichardBSpencer
how can they arrest him for posting this ? Isn't it up to him to avoid potential
threats ?
 1 
Melinda @MelindaThinker · 17 Mar 2017 
Replying to @RichardBSpencer
Only a gutless coward would think trying to kill an innocent person by giving
https://twitter.com/richardbspencer/status/842832774902005761?lang=en 1/1
Exhibit G
6/7/2018 Richard 🇮🇹 Spencer on Twitter: "There's now a legal fund for Jew Goldstein. It debunks @kurteichenwald's claims. https://t.co/PmHpkL2OSk"
  
Home Moments Search Twitter  Have an account? Log in
Richard Spencer
@RichardBSpencer
Follow 
There's now a legal fund for Jew Goldstein. It
debunks @kurteichenwald's claims.
wesearchr.com/bounties/jew-g …
4:26 PM - 17 Mar 2017
138 Retweets 216 Likes
 28  138 216
Girls of Europa @GirlsOfEuropa · 17 Mar 2017 

Richard Spencer © 2018 Twitter
Replying to @RichardBSpencer @kurteichenwald
About Help Center
@RichardBSpencer They simply want to make an example out of JR and redefine the legality of
Terms Privacy policy
trolling to target us Cookies Ads info
Co-Editor: AltRight.com.
Institute. Support:
1
President: The National Policy 6  17
Girls of Europa @GirlsOfEuropa · 17 Mar 2017

makersupport.com/richardbspenc 
er Media: Replying to @RichardBSpencer @kurteichenwald
hello@richardbspencer.com
It's absolutely outrageous that the FBI arrested someone over a gif on the
 Alexandria, VA
internet
 richardbspencer.com 5   1 16
 Joined October 2011

Father Coughlin @FatherCharley · 17 Mar 2017 
Replying to @RichardBSpencer
this situation proves your point that (((they))) are the country's hall monitors.
 1  8
BlurredEdges @muchmoresalt · 17 Mar 2017 

Replying to @RadclyffeRod
Im a non-white grandma, my grandma legally immigrated from morocco. And
you want to beat me for being #hotep @RadclyffeRod @RichardBSpencer
  1
Girls of Europa @GirlsOfEuropa · 17 Mar 2017 

Replying to @RichardBSpencer @kurteichenwald
https://twitter.com/RichardBSpencer/status/842879864965230592 1/1
Exhibit H
6/7/2018 FBI identifies man arrested over seizure-inducing tweet to Dallas journalist Kurt Eichenwald | Crime | Dallas News
ALL SECTIONS SUBSCRIBE
Special investigation
Texas families take fight for fragile kids to Legislature
MANDEL NGAN/AFP/Getty Images
CRIME MAR 2017
FBI identifies man arrested over seizure-inducing

tweet to Dallas journalist Kurt Eichenwald
Liz Farmer and Tom Steele
Don't miss a story. Like us on Facebook. Like 420K
Updated at 4:47 p.m.: Revised to include suspect's name.
The FBI has arrested a man accused of sending Dallas reporter Kurt Eichenwald a tweet that
triggered an epileptic seizure.
https://www.dallasnews.com/news/crime/2017/03/17/fbi-arrests-man-accused-trolling-dallas-journalist-kurt-eichenwald-tweet-triggered-seizure 1/6
Kurt Eichenwald
The agency announced that John Rayne Rivello, 29, of Salisbury, Md., was arrested Friday
morning in Maryland on a cyberstalking charge.
Eichenwald tweeted that the man who "assaulted" him also is expected to be indicted by the
Dallas district attorney on different charges in the next few days.
Eichenwald's attorney, Steven Liberman, told Newsweek that "What Mr. Rivello did with his
Twitter message was no different from someone sending a bomb in the mail or sending an
envelope filled with anthrax spores."
Dallas reporter Kurt Eichenwald's legal fight to reveal Twitter troll gaining speed
Eichenwald, a contributing editor at Vanity Fair and a senior writer at Newsweek, first said in
December that a Twitter troll sent him a flashing video with the message, "you deserve a seizure,"
which triggered an epileptic episode.
He received the tweet after appearing on Fox News show Tucker Carlson Tonight, where he and the
host argued about each other's biases and Eichenwald's coverage of Donald Trump during the
presidential campaign.
According to a criminal complaint, messages sent from Rivello's Twitter account mentioned
Eichenwald, saying "I know he has epilepsy," "I hope this sends him into a seizure" and "let's see if
he dies."
Authorities also found an screenshot of Eichenwald's Wikipedia page on Rivello's iCloud account,
the criminal complaint said, altered to list his date of death as Dec. 16, 2016. Other files on the
iCloud account include a list of things that trigger epileptic seizures and a screenshot of a Dallas
Observer article about Eichenwald's attempts to find the person who tweeted at him.
Public records show Rivello's most recent address as a home owned by his parents in southeastern
Maryland. He has no apparent previous criminal history other than a dismissed speeding ticket.
Kurt Eichenwald @kurteichenwald Mar 17, 2017

Replying to @kurteichenwald
More than 40 ppl sent strobes once they found out they could
trigger seizures. Details of their cases are with the FBI. Stop
sending them.
Kurt Eichenwald
@kurteichenwald
I want to thank Dallas Police, Dallas DA, US Attorney in Dallas,

the FBI & the Dept of Homeland Security who all played a role in
this case.
11:12 AM - Mar 17, 2017
3,215 794 people are talking about this
On Friday, Eichenwald said that more than 40 people sent him strobes once they found out that
they could trigger seizures.
FBI spokeswoman Lauren Hagee said the FBI cannot comment on ongoing investigations, but
Eichenwald tweeted that the agency has details of the other cases of strobes and urged those
people to "stop sending them."
MORE FROM DALLAS NEWS
Man arrested in South Dallas shooting that critically wounded woman
Man accused of fatally shooting 2 who tried to rob him at Irving apartment complex
Ted Cruz gets personal, attacking Beto O'Rourke over mother's tax fraud case
Silence from Abbott, Dan Patrick on Confederate plaque that claims slavery not 'underlying
cause' of Civil War
Dallas man faces sexual assault charge after being found on bus to Mexico with high-
schooler
Recommended by
VIEW COMMENTS
CRIME U.S. NEWS DALLAS
SPONSORED STORIES By
Traveler Feed Nocartridge

[Pics] Walmart Employee Went Missing 18 [Gallery] The Wild Wolf's Reaction To The
Years Ago. You'll Never Guess What Was Man Who Rescued Him From A Trap Is
Found In The Backseat of His Car Priceless
Yahoo! Search Ice Pop

The Early Signs of Hepatitis C. Learn about The 30 Worst Failed Chain Restaurants That
Symptoms & Treatments No One Misses
NEWS
LOADING...
About Us FAQ
Careers Privacy Policy
Advertise Terms of Service
Contact Us Site Map
Special Sections
©2018, The Dallas Morning News Inc. All Rights Reserved.
Exhibit I
Case
Case
Case 1:17-cv-01124-JKB
3:17-mj-00192-BK
3:17-mj-00192-BK Document
Document
Document 36-10
33 Filed
Filed Filed 06/08/18
03/20/17
03/20/17 Page
Page11ofPage
of12 2 of 9 32
8 PageID
PageID 16
Case
Case
3:17-mj-00192-BK
Document
Document 36-10
33 Filed
03/20/17
03/20/17 Page
Page22ofPage
of12 3 of 9 33
8 PageID
PageID 17
Case
Case
3:17-mj-00192-BK
Document
Document 36-10
33 Filed
03/20/17
03/20/17 Page
Page53ofPage
of12 4 of 9 34
8 PageID
PageID 20
Case
Case
3:17-mj-00192-BK
Document
Document 36-10
33 Filed
03/20/17
03/20/17 Page
Page84ofPage
of12 5 of 9 35
8 PageID
PageID 23
Case
Case
3:17-mj-00192-BK
Document
Document 36-10
33 Filed
03/20/17
03/20/17 Page
Page95ofPage
of12 6 of 9 36
8 PageID
PageID 24
CaseCase
3:17-mj-00192-BK
Document
Document 36-10
33 Filed
03/20/17
03/20/17 Page
Page10 Page
6 of 12 7PageID
of 9 37
8 PageID 25
CaseCase
3:17-mj-00192-BK
Document
Document 36-10
33 Filed
03/20/17
03/20/17 Page
Page11 Page
7 of 12 8PageID
of 9 38
8 PageID 26
CaseCase
3:17-mj-00192-BK
Document
Document 36-10
33 Filed
03/20/17
03/20/17 Page
Page12 Page
8 of 12 9PageID
of 9 39
8 PageID 27
Exhibit J
Case
Document 36-1106/02/17
11 Filed Filed 06/08/18 Page
Page 1 of 2 of 3 50
2 PageID

FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
UNITED STATES OF AMERICA §

§
v. § CASE NO. 3:17-MJ-192-BK
§
JOHN RAYNE RIVELLO §
ORDER
On this day, the Court considered Defendant’s Unopposed Motion to Modify Conditions
of Release, filed May 22, 2017, Doc. 10. Defendant seeks to modify his conditions of release to
permit him to, inter alia, seek and maintain employment, obtain in-patient treatment, and visit his
counsel in Texas. After consulting with the Supervising Pretrial Services Officer and
considering the applicable law and the circumstances of the case, the Court finds that the Order
Setting Conditions of Release, entered by the United States District Court for the District of
Maryland on March 17, 2017, Doc. 3 at 6-8, should be modified. Accordingly, Defendant’s
Unopposed Motion to Modify Conditions of Release, Doc. 10, is GRANTED to the extent stated
herein.
Defendant is ORDERED not to travel outside of the District of Maryland, without first
obtaining the permission of the Supervising Pretrial Services Officer to travel elsewhere, except
that travel shall be permitted to the Northern District of Texas for court appearances and visits to
consult with counsel that have been approved in advance by the Pretrial Services Officer.
Defendant is ORDERED to submit to a location monitoring program, as directed by the
Supervising Pretrial Services Officer. Defendant is further ORDERED to pay all or part of the
costs of that program based on his ability to pay as determined by the Supervising Pretrial
Services Officer.
Case
Document 36-1106/02/17
11 Filed Filed 06/08/18 Page
Page 2 of 3 of 3 51
2 PageID
IT IS FURTHER ORDERED that once the location monitoring program has been
initiated, Defendant is no longer subject to the restrictions contained in Condition (8)(v) of the
Order Setting Conditions of Release, Doc. 3 at 7. Instead,
Defendant is ORDERED to remain at his parent’s residence at all times, except for
employment, education, religious services, medical purposes, substance abuse testing/treatment,
mental health treatment, attorney visits, court appearances or other court-ordered obligations, and
other activities, all specifically approved in advance by the Supervising Pretrial Services Officer
or ordered by the Court.
IT IS FURTHER ORDERED that the other conditions in the Order Setting Conditions
of Release, Doc. 3 at 6-8, remain in full force and effect.
SIGNED June 2, 2017.
Order Modifying Conditions of Release

3:17-MJ-192-BK; USA v. Rivello

Pleading 036 06-08-2018 - Plaintiff - S Memorandum in Opposition To The M...

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Pleading 036 06-08-2018 - Plaintiff - S Memorandum in Opposition To The M...

Uploaded by

Copyright:

Available Formats

Case 1:17-cv-01124-JKB Document 36 Filed 06/08/18 Page 1 of 11

IN THE UNITED STATES DISTRICT COURT

PLAINTIFF’S MEMORANDUM IN OPPOSITION TO THE MOTION OF

motion to dismiss as to Counts I (Battery) and IV (Purposeful Infliction of Bodily Harm/Prima

Having been cleared to commence third-party discovery, and following additional

investigation and identification of third-parties that Mr. Eichenwald believes possess

Plaintiff (“Motion to Quash”). Dkt. 32.

accompanying Declaration of Jennifer B. Maisel, dated June 8, 2018 (“Maisel Declaration”) as

I. DEFENDANT FILED THIS MOTION IN THE WRONG COURT

heard in “the district where compliance is required.”

Subpoenas are essential to obtain discovery from nonparties. To protect local

In the absence of consent, the court may transfer in exceptional circumstances,

with the subpoena is required.”).

to Quash should be denied.

II. IN ADDITION, DEFENDANT HAS NO STANDING TO CHALLENGE THE

A. Defendant Lacks Standing To Challenge the Subpoenas

B. Defendant Has Not Alleged Any Reason to Grant a Protective Order

party or person from annoyance, embarrassment, oppression, or undue burden or expense.”

protective order should be denied.

Complaint alleges that Defendant did not operate in isolation:

inter alia: 1) Defendant’s knowledge of Plaintiff’s epilepsy, 2) Defendant’s knowledge of the

Defendant’s intent to seriously injure or kill Plaintiff.

B. Caerulus Rex and Vendetta Vidame

Plaintiff believes that two pseudonymous individuals who identify themselves as

Declaration at ¶¶ 6-7, Exhibit D. An individual identifying himself as Vendetta Vidame states

during the podcast:

@VendettaVimiera, @Vendetta92429, and @rex_caerulus. Plainly, they—by their own

relevant excerpt is quoted below:

“What is that guy’s name? The one whom we almost killed?”

Maisel Declaration, Exhibit E (emphasis added).

@kurteichenwald’s claims.” Maisel Declaration, Exhibits F, G. Mr. Spencer’s apparent

relevant to the issues in this case.

D. Phone Records of David Rivello

phone in the house in which he lived.

As such, Plaintiff’s third-party discovery is relevant to the issues in this case.

deny Defendant’s Motion to Quash.

Dated: June 8, 2018 /s/ Steven Lieberman

/s/ Nasri V. B. Hage

IN THE UNITED STATES DISTRICT COURT

DECLARATION OF JENNIFER B. MAISEL IN OPPOSITION TO THE MOTION OF

I, Jennifer B. Maisel, affirm and declare as follows:

bars of the District of Columbia and New York.

2. I submit this declaration in support of Plaintiff’s Opposition to the Motion of

Subpoenas Issued by Plaintiff.

3. Attached hereto as Exhibit A is a true and correct copy of Plaintiff’s Notice of

Subpoena to Apple, which was served on Defendant on June 1, 2018.

4. Attached hereto as Exhibit B is a true and correct copy of an archived version of a

Defense Fund.” It is available at

legal-funding (accessed June 5, 2018).

2017, available at https://angrywhitemen.org/2017/03/18/nazis-rally-around-man-accused-of-

giving-journalist-kurt-eichenwald-a-seizure/ (accessed June 8, 2018).

@Jew_Goldstein,” available at https://dailystormer.name/salting-the-earth-episode-23-the-

originally hosted on Soundcloud, is currently unavailable.

7. An archived version of the embedded audio track referenced in paragraph 6 above

and dated May 5, 2017, is available at https://archive.org/details/soundcloud-313344290

(accessed June 7, 2018).

8. Beginning at 5:04 of the audio track referenced in paragraph 7 above, an

individual identifying himself as Vendetta Vidame states:

9. Attached hereto as Exhibit E is a true and correct copy of an article by Graeme

https://www.theatlantic.com/magazine/archive/2017/06/his-kampf/524505/ (accessed June 7,

Twitter user “@RichardBSpencer” on March 17, 2017, at 1:19 PM, available at

https://twitter.com/richardbspencer/status/842832774902005761 (accessed June 7, 2018).

Twitter user “@RichardBSpencer” on March 17, 2017, at 4:26 PM, available at