The "Andy Ngo v. Rose City Antifa and its alleged affiliated members" is the reporter's complaint from an attack back in 2020 in Portland. It claimed assault, battery, and intentional infliction of emotional distress that began in 2019 and sought nearly $1 million in damages. The case was heard before a civil jury for over a week at the Multnomah County Courthouse.
Hacker and Richter, who both allegedly work as Antifa's "doxxers," were absolved by the jury for all of these claims. During the closing statements, defense lawyer Michelle Burrows said that despite Antifa's significant recorded history of violence, the group's unfavorable reputation is untrue and depicted the organized militant group as activists fighting for social justice and civil rights. And in defense of the anti-racist political movement, the attorney claimed: "Resistance in this country has never been peaceful."
Since July 31, I've been the plaintiff in a trial in Portland to hold what I still consider to be a violent extremist group and its members accountable for their harmful activities, Andy Ngo v. Rose City Antifa, et al. Today, the jury returned a disappointing verdict finding John… pic.twitter.com/zzaI7TUaRc
— Andy Ngô ???? (@MrAndyNgo) August 8, 2023
"Doxing" is a form of cyberbullying that uses sensitive or secret information, statements, or records for harassment, exposure, financial harm, or other exploitation of targeted individuals.
Burrows, however, admitted that the "black-clad people" that had physically beaten Ngo were, in fact, "terrorists." But she went on to say that Ngo has dirty hands and is a "doxxer" as well. He accused Ngo of uploading publicly available mugshots of Antifa-affiliated individuals that have committed crimes on his Twitter account with one million followers. In addition, she attacked the investigative journalist's credibility even though she was not able to provide the jury with evidence that would have discredited him. She just said he's a "liar" that provides "half-truths." She also insisted the editor's reporting has created a "rage machine that has generated so much revenue for Mr. Ngo."
Judge Sinaplasai informed the court that the trial's jurors have raised concerns about being "doxed," and claimed that people have been trying to find out their identities. The judge then enacted even stricter safety measures than what had already been ordered for the trial.
Burrows, who announced that this would be her last trial, told the jurors that she "will remember each one of their faces." She also told the jurors that not only does she self-identify as both a progressive and an "anti-fascist," she also declared, "I am Antifa" and insisted upon making herself an "I am Antifa" t-shirt, which she said she would wear after the trial.
Ngo's attorney: Jury rules are based on "hearsay" and not actual proofs
Dorothy Yamamoto, the lawyer that represented Ngo went through each charge levied against the defendants and provided the jury with substantial evidence relating to each charge. In her rebuttal, Yamamoto encouraged the jury "to be mindful of what is evidence, and what the attorneys have been saying."
"I've heard allegations and things that have happened that are not evidence. There have been a lot of attacks against my client's credibility as a journalist. He lies, he misstates. Did the defendants show you his actual posts," she said pointing out that the defense team failed to provide evidence of the alleged inaccurate reporting during the trial.
She explained to the jury that while Hacker and Richter may or may not have physically beaten Ngo on the night of May 28, 2021, the defendants can still be held liable for battery, assault, and intentional infliction of emotional distress due to state law.
The lawyer argued that the battery charge applies to Hacker because he had poured an unknown liquid onto Ngo at a local gym and slapped the latter's phone out of his hand on May 7, 2021, which Hacker had admitted during testimony. According to the plaintiff, the management later terminated Hacker's gym membership.
On May 28, 2021, the two defendants substantially assisted or encouraged someone to commit battery. The evidence provided was that the two have identified Ngo, which led to him being physically beaten. That day, Ngo was monitoring Antifa attacks on the Portland Justice Center and the Portland police central precinct when Hacker allegedly approached him. The Antifa mob then yelled, "That's Andy! Get him! Get him!" Hacker testified that he approached Ngo and identified him with another journalist. (Related: Andy Ngo: 'Antifa tried to kill me again.')
"The key fact was to identify an infiltrator and beat up the infiltrator. Is identifying the infiltrator substantial assistance? Is that encouragement to commit assault?" Yamamoto asked. She provided evidence to the jury that was shown during the trial in which Hacker and Richter were seen on surveillance video shortly after Ngo had been beaten, and only after they had revealed his identity.
And yet, the "doxxers" were found "not guilty." "I always knew it would be an uphill battle to win justice for the years of torment and violence I have endured. I still believe that these defendants are affiliated with Antifa, and I remain committed to seeking justice," Ngo vowed. Though disappointed with the verdict, he is pondering his next legal options.
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