by Sharon Rondeau
(Feb. 23, 2022) – On Monday former law professor David Clements claimed on his Telegram channel that a woman writing under the name “Mary Fanning” and her husband, longtime Kirkland & Ellis attorney Gregg Kirchhoefer, threatened him with a lawsuit for reposting comments made on Telegram by Atty. Lin Wood.
On February 18, The Post & Email reported Wood’s remarks following the publication of an article by Zachary Petrizzo of The Daily Beast and video commentary on the subject by “Farron Balanced.”
“Gregg Kirchhoefer and Mary Fanning-Kirchhoefer’s not-so-subtle threat to file a lawsuit against me with their 3,000 attorneys aka the ‘sleeping giant’ is laughable,” Clements began his post.
Now the host of a Rumble channel and a public speaker focusing on election integrity, Clements’s biography states he was an assistant law professor at New Mexico State University, assistant district attorney and trial attorney. He has appeared on “Tucker Carlson Tonight,” Steve Bannon’s “War Room” and spoken at Clay Clark’s “Reawaken America” Tours as shown on his website.
Clements continued his Telegram post with:
I know defamation law. I’m a subject matter expert. I’ve personally handled defamation cases, including the frivolous ones. Taught it at university.
To threaten someone that is a defamation expert, that can represent himself, loves trial, and has probably done more trials than anyone at Kirkland Ellis is not wise.
A high-profile career trial attorney and acquaintance of Clements, Wood filed a lawsuit following the November 3, 2020 election against Georgia Secretary of State Brad Raffensperger for entering into a settlement agreement which Wood contended violated state election law. After its dismissal at the state level, Wood’s appeal to a federal district court was also rejected.
Clements and Wood are collaborating on a February 26 event in South Carolina on the theme of “FIXING 2020.” “Looking forward to seeing THE Professor David Clements in Yemassee , SC on Saturday to discuss FIXING 2020!!!” Wood wrote on his Telegram Monday.
Clements’s reposting of Wood’s comments which apparently instigated the firestorm reads:
Regarding the “threat” he said he received from Fanning and Kirchhoefer, Clements wrote in a separate post, “Republishing questions based in fact posted by another is not defamatory,” and “I invited Gregg and Mary to follow through on their threats.”
“I don’t know about you, but I think it’s highly relevant that Gregg’s law firm was integral to the 400 million dollar capital raise for Dominion Voting,” Clements continued. “And that Mary was the executive producer on the documentaries tasked with exposing these very machines.”
The full text of Clements’s post reads:
I received a phone call from Gregg Kirchhoefer and Mary Fanning last night.
I was told to immediately retract the Beach Life posting above and apologize, or that I would be “awaking a sleeping giant.”
Gregg advised me that I don’t want to get on the wrong side of the 3,000 attorneys over at the Kirkland law firm.
I don’t take threats well. Subtle, implied, or overt.
Republishing questions based in fact posted by another is not defamatory.
I invited Gregg and Mary to follow through on their threats.
I don’t know about you, but I think it’s highly relevant that Gregg’s law firm was integral to the 400 million dollar capital raise for Dominion Voting. And that Mary was the executive producer on the documentaries tasked with exposing these very machines.
That doesn’t make sense to me. We need transparency and answers.
Will I be intimidated?
The organization states that it employs “more than 3,000 lawyers” dispersed across 18 locations, two of which are in China. More than a century old, Kirkland provides services in “private equity, M&A and other corporate transactions, litigation, white collar and government disputes, restructurings and intellectual property matters.”
Since an initial article dated March 17, 2017, Fanning, co-writer with Alan Jones at The American Report, has advanced claims she said were made by former government subcontractor Dennis Montgomery regarding illegal government surveillance, election-tampering, Chinese “cyberwarfare” against the United States, and the vulnerability of voting equipment commonly used in many states, including Dominion Voting Systems.
Remarkably, since that time, Fanning and Jones have promoted Montgomery’s claims without corroboration, substantiation or validation and often report new claims sourced to Montgomery incorporating current events. The duo claims, without having presented any evidence, that Montgomery “designed and built” a super-computer for the federal government at Ft. Washington, MD and invented SCORECARD, a software program which U.S. intelligence community bad actors later hijacked to spy on American citizens and change the outcome of elections.
Further, Fanning and Jones claim “the conspiracy to overthrow America went into overdrive on March 17, 2017,” allegedly fueled by former CIA Director John Brennan and former Director of National Intelligence James Clapper, both having served in those capacities under Barack Obama.
On October 27, 2019, Fanning and Jones claimed:
By commandeering “THE HAMMER” for domestic surveillance, President Obama, Brennan, and Clapper built a Soviet-style Total Surveillance State modeled after East Germany’s Stasi, but with exponentially greater technical capability for total control of the people through Leninist Red Terror and fear tactics.
Brennan and Clapper utilized “THE HAMMER” to illegally wiretap U.S. Army Lieutenant General Michael Flynn (Ret.) and Donald Trump, according to Montgomery.
On November 19, 2020, Fanning and Jones reported that when Montgomery spoke with the FBI in 2015 under two immunity agreements, he alleged “that U.S. intelligence community operatives were utilizing SCORECARD to hack, via back doors, into election systems from Clear Ballot, Dominion Voting Systems Corp., Election Systems & Software, Inc. (ES&S), MicroVote General Corp., Smartmatic USA Corporation, and Voting Works in order to monitor and change election outcomes in real time.”
On July 16, 2018, Dominion Voting Systems announced it had been “acquired by its management team and Staple Street Capital, a leading New York-based, middle-market private equity firm.”
“Kirkland & Ellis LLP and McMillan LLP advised Staple Street Capital,” the press release states.
As Clements noted in another post, on December 4, 2020, The Epoch Times reported, “Dominion’s Parent Company Arranges $400 Million Placement 1 Month Before Election,” sourced to a document filed with the Securities and Exchange Commission (SEC) titled, “Notice of Exempt Offering of Securities” dated October 8, 2020.
On January 3, 2021, Fanning and Jones shifted their election-fraud narrative to rest almost exclusively on Chinese “cyberwarfare” allegedly conducted against county elections systems sufficient to alter the outcome of the 2020 presidential contest.
As Clements stated, Fanning was made “executive producer” of a series of videos released by MyPillow CEO Mike Lindell beginning early last year claiming various forms of fraud resulted in Donald Trump’s loss of the election to Joe Biden, with China at the forefront in the initial video, “Absolute Proof.”
Reportedly no longer interacting with Lindell, Fanning has capitalized on the experience and since last fall has been collaborating with “Caravan to Midnight” host John B. Wells in a series titled, “The Fortnight Intelligence Briefing.”
Without disclosing her husband’s relationship with the firm which managed Dominion’s acquisition by Staple Street, Fanning has written a considerable amount about Dominion Voting Systems, albeit often relying on the reporting of others.
Private equity dominated Election Day. Not in terms of the winning candidates, but in terms of the election process itself.
Between the lines: The most-utilized election system and software companies are owned by U.S. private equity firms. Dominion Voting Systems is the best-known of these vendors, as it’s become the subject of evidence-free conspiracy theories.
- The Canada-founded and Denver-based company was acquired in mid-2018 by Staple Street Capital, a mid-market buyout firm co-founded by Carlyle Group and Cerberus vets.
Fanning has also taken aim at former U.S. Attorney General William P. Barr, President Trump’s second and last attorney general, who was employed in 2009 by Kirkland & Ellis as “Of Counsel” “and rejoined the firm in 2017,” according to the U.S. Justice Department.
The term “Of Counsel” is defined as “an attorney who has been employed to aid in the preparation and management of a particular case but who is not the principal attorney in the action. Of counsel is also sometimes used in reference to an attorney who is associated with a law firm, but is neither a partner nor an associate.”
Barr was confirmed as Trump’s attorney general on February 14, 2019. “William Barr, a former U.S. Attorney General and a conservative Kirkland & Ellis lawyer, will return to head the Justice Department, stepping in to oversee the special counsel probe into Russian interference in the 2016 U.S. election as it appears to near its end,” law.com reported at the time.
On June 29, 2021, Fanning cited articles in The Atlantic and The Washington Post focused on Michigan election “whistleblower,” Melissa Carone. Fanning began her post with, “Left-leaning magazine The Atlantic, in a new article that reveals how U.S. Attorney General William Barr betrayed President Trump by denying that widespread election fraud took place during the 2020 U.S. election, took a swipe at Melissa Carone, a conservative whistleblower who testified before Michigan state lawmakers that she observed ‘massive election fraud’ in Detroit, Michigan on November 3 and 4, 2020.”
“Carrone was ‘a contractor for Dominion Voting Systems,’ according to the Washington Post,” Fanning continued, reporting that Carone “appears in the election documentary ABSOLUTE PROOF, produced by Mike Lindell, Mary Fanning, and Brannon Howse. The two-hour film was released on February 5, 2021.”
On January 8, 2009, law.com reported, “Kirkland & Ellis announced Wednesday that former Attorney General William Barr has joined the firm as of counsel in its Washington, D.C., office. Barr retired from Verizon Communications in late 2008, after serving as executive vice president since 2000. Barr, who was attorney general under President George H.W. Bush from 1991 to 1993, is one of several former AGs who have come out in support of President-elect Barack Obama’s nominee for attorney general, Eric Holder Jr.”
Questions arising from Clements’s posts include:
- Will a Kirchhoefer/Fanning lawsuit against Clements boomerang?
A: Yes, because discovery will be detrimental to Mary Fanning, who has remained in the shadows.
- Why has Fanning never disclosed her relationship to Kirkland and its relationship to Dominion given her once-close working relationship with Lindell, who Dominion has sued for $1.3 billion and Lindell has countersued for even more?
- As the individual who promoted Montgomery’s alleged possession of “PCAPS” data indicating Chinese election-tampering to Lindell, is Fanning responsible for the implosion of Lindell’s Cyber Symposium, where Montgomery’s evidence was expected to be released but never was?
- Given that Clements’s statements appear to be accurate, what is the underlying motivation behind Kirchhoefer and Fanning’s threat to sue?
- If Mary Fanning is indeed an operative, is her cover being intentionally blown?
A: The Post & Email has become privy to certain information dating back to 2019 which may eventually shed light on the above questions.