Democratic National Committee v. The Russian Federation et al

Filing 255

REPLY MEMORANDUM OF LAW in Support re: #233 MOTION to Dismiss the Second Amended Complaint. . Document filed by George Papadopoulos. (Polisi, Caroline)

Case 1:18-cv-03501-JGK Document 255 Filed 06/03/19 Page 1 of 6

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK

DEMOCRATIC NATIONAL
COMMITTEE,
Plaintiff,

Case No. 1:18-cv-3501-JGK-SDA

v.
THE RUSSIAN FEDERATION, et al.,
Defendants.

REPLY IN SUPPORT OF
DEFENDANT GEORGE PAPADOPOULOS’S
MOTION TO DISMISS COUNTS II, III, IV, VIII, XII, AND XIV
OF THE SECOND AMENDED COMPLAINT

Caroline J. Polisi
Jeffrey R. Alexander
John M. Pierce
Pierce Bainbridge Beck Price & Hecht LLP
227 Park Avenue, 45th Floor
New York, New York 10172
[phone]
[e-mail]

Attorneys for Defendant George Papadopoulos

Case 1:18-cv-03501-JGK Document 255 Filed 06/03/19 Page 2 of 6

Defendant George Papadopoulos joins defendant Donald J. Trump for President, Inc.’s Reply
Memorandum in Support of its Motion to Dismiss the Second Amended Complaint and submits the
following supplemental statement.
***
In its opposition brief, Plaintiff lacks any persuasive response to defendant George Papadopoulos’s Motion to Dismiss. Plaintiff simply cannot change the fact that nowhere in its Second Amended
Complaint is there a single, substantive factual allegation of wrongdoing by Papadopoulos that could
render him legally responsible for the alleged racketeering conduct of Russia and WikiLeaks. Moreover, Plaintiff misleadingly conflates Papadopoulos’s wholly innocent actions, with others’ allegedly
deceitful conduct. Notwithstanding Plaintiff ’s transparently overblown portrayal of Papadopoulos’s
role in the formation of the alleged conspiracy, not once is there any actual factual allegation that
support the vague assertion of “active support” for the alleged scheme.
In fact, it is now clear that there is no scenario in which the DNC could plausibly allege claims
against Papadopoulos. According to Special Counsel Robert Mueller III’s Report On The Investigation
Into Russian Interference In The 2016 Presidential Election (“Mueller Report,” available at
http://bit.ly/2L2cGqL), his office’s exhaustive investigation “did not establish that members of the
Trump Campaign conspired or coordinated with the Russian government in its election interference
activities.” Muffreller Report 1–2. In fact, the Special Counsel specifically refuted many of the core
allegations and inferences underlying Plaintiffs claims. As Judge Moss unambiguously concluded at
Papadopoulos’s sentencing: “I don’t for a moment believe that Mr. Papadopoulos was seeking to assist
the Russian government in any way.” United States v. Papadopoulos, Case No. 17-cr-182-RDM, Sentencing Tr., Doc. No 48 (D.D.C. Sept. 7, 2018) at 39: 17-19. “I don’t think there’s any reason to concluded
that Mr. Papadopoulos had any desire to aid Russia in any way, to do anything that was contrary to the
national interest.” (Id. at 38:12-15).

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Case 1:18-cv-03501-JGK Document 255 Filed 06/03/19 Page 3 of 6

The Special Counsel’s findings only further confirm what Judge Moss found in Papadopoulos’s case.
For all the reasons therein, and for all the reasons articulated in Papadopoulos’s opening brief, the
Court should dismiss all claims against Papadopoulos with prejudice.

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Case 1:18-cv-03501-JGK Document 255 Filed 06/03/19 Page 4 of 6

Dated:

June 3, 2019

Respectfully submitted,
/s/ Caroline J. Polisi
Caroline J. Polisi
Pierce Bainbridge Beck Price & Hecht LLP
277 Park Avenue, 45th Floor
New York, New York 10172
[e-mail]
[phone]

Counsel for George Papadopoulos

Case 1:18-cv-03501-JGK Document 255 Filed 06/03/19 Page 5 of 6

CERTIFICATE OF COMPLIANCE
I, Caroline J, Polisi, certify that this brief complies with the Scheduling Order that this Court
entered on October 1, 2018 (ECF No. 181) because it is under 10 pages, and that this brief complies
with this Court’s formatting rules.
Dated:

June 3, 2019

/s/ Caroline J. Polisi
Caroline J. Polisi

Counsel for George Papadopoulos

Case 1:18-cv-03501-JGK Document 255 Filed 06/03/19 Page 6 of 6

CERTIFICATE OF SERVICE
I, Caroline J. Polisi, certify that on June 3, 2019, I caused the foregoing document to be
electronically filed with the Clerk of Court using the CM/ECF system, which will send a notice of
electronic filing to all registered parties.
Dated:

June 3, 2019

/s/ Caroline J. Polisi
Caroline J. Polisi

Counsel for George Papadopoulos