2nd Amended Complaint - Answer & Counterclaim

Case 3:19-cv-00477-REP Document 49 Filed 01/07/20 Page 1 of 26 PageID# 434
UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF VIRGINIA
RICHMOND DIVISION
TREVOR FITZGIBBON, )
)
Plaintiff, )
) Civil Action No. 3:19-cv-477-REP
vs. )
)
)
JESSELYN A. RADACK, )
)
Defendant. )
ANSWER OF DEFENDANT JESSELYN A. RADACK TO PLAINTIFF’S SECOND

AMENDED COMPLAINT WITH AFFIRMATIVE DEFENSES, COUNTERCLAIMS
AND JURY DEMAND
Defendant, Jesselyn A. Radack (“Defendant” or “Radack”), by counsel, hereby answers
Plaintiff Trevor Fitzgibbon’s (“Plaintiff” or “Fitzgibbon”) Second Amended Complaint with
affirmative defenses, and asserts counterclaims against Plaintiff Trevor Fitzgibbon, as follows:
ANSWER
1. Denied.
2. The Court’s April 26, 2019, Order speaks for itself and is the best evidence of its
contents. Therefore, any and all characterizations of its contents are denied.
3. Denied.
4. Denied.
5. Defendant is without knowledge or information sufficient to form a belief as to the
truth of these allegations and therefore denies the same and demands strict proof.
6. Admitted in part; denied in part. Defendant admits that she is a resident of the
District of Columbia. Defendant denies that she has ties to Virginia or that she has multiple clients
in Virginia for whom she provides substantial ongoing legal services. Defendant denies that she
1
consults and provides business advice to multiple persons in Virginia, including members of the
Advisory Board of ExposeFact. Defendant admits that she wrote a self-published book entitled
“The Canary in the Coalmine: Blowing the Whistle in the Case of ‘American Taliban’” which was
later published under the title: “TRAITOR: The Whistleblower and the American Taliban.”
Defendant denies that she has starred in any movies, however, admits that she has participated in
unpaid documentaries and speaking engagements. Defendant denies that she advertises her
services through Twitter. Defendant is without knowledge or information sufficient to form a
belief as to the truth of the remaining allegations and therefore denies the same and demands strict
proof.
7. Denied.
8. Denied.
9. Denied.
10. The April 13, 2018, Complaint speaks for itself and is the best evidence of its
11. Denied.
12. Denied.
13. The Settlement Agreement speaks for itself and is the best evidence of its contents.
Therefore, any and all characterizations of its contents are denied. All of the remaining allegations
are denied.
14. Denied.
15. Denied.
16. Denied.
2
17. The Settlement Agreement speaks for itself and is the best evidence of its
22. Admitted.
23. Admitted.
24. Denied.
25. Denied.
26. Denied.
27. Denied.
28. Denied.
29. Denied.
30. Denied.
31. Denied.
32. Denied.
33. Denied.
34. Denied.
3
35. Denied.
36. Denied.
37. Denied.
38. Denied.
39. Denied.
40. Denied.
41. Denied.
42. Denied.
43. Denied.
44. Denied.
45. Denied.
46. Denied.
47. Denied.
AFFIRMATIVE DEFENSES
1. The Court lack subject-matter jurisdiction over this action.
2. The Court lacks personal jurisdiction over Defendant.
3. Venue is improper in this District.
4. The Second Amended Complaint fails to state a claim upon which relief may be
granted.
5. Plaintiff’s claims are barred by qualified and absolute privilege.
6. The statements made by Defendant that form the basis of Plaintiff’s Second
Amended Complaint are true.
7. The statements made by Defendant that form the basis of Plaintiff’s Second
Amended Complaint are statements of opinion.
4
8. Defendant reserves the right to amend this Answer, including, but not limited to,
adding additional affirmative defenses and counterclaims that may be appropriate based upon
additional facts that may be uncovered and learned through litigation and discovery in this action.
WHEREFORE, Defendant Jesselyn Radack, by counsel, respectfully requests that the
Second Amended Complaint be dismissed with prejudice, that judgment be entered in her favor
and against Plaintiff on all claims asserted therein, and that Defendant be awarded her attorney’s
fees and costs herein, and that this Court award such other and further relief as the Court deems
proper.
COUNTERCLAIM
COMES NOW Defendant/Counterclaim Plaintiff Jesselyn Radack, by counsel, and files
the instant Counterclaim against Plaintiff/Counterclaim Defendant Trever Fitzgibbon, and in
support thereof, states as follows:
PARTIES
1. Defendant/Counterclaim Plaintiff Jesselyn Radack is a resident of the District of
Columbia.
2. Upon information and belief, Plaintiff/Counterclaim Defendant Trevor Fitzgibbon
is currently residing in North Carolina.
JURISDICTION AND VENUE
3. Radack disputes that this District has personal or subject matter jurisdiction over
any of the claims raised in Fitzgibbon’s Second Amended Complaint or the instant Counterclaim
for the reasons set forth in Radack’s Motion to Dismiss. 1
1
In an abundance of caution, Radack files the instant Counterclaim to preserve her right to assert claims against
Fitzgibbon should the Court decide that jurisdiction does exist within the Eastern District of Virginia.
5
4. Radack disputes that venue in this District is proper for the reasons set forth in
Radack’s Motion to Dismiss.
COUNT I – Breach of Contract
5. Radack restates and re-alleges herein all of her answers to Plaintiff’s allegations in the
Second Amended Complaint and all of her Affirmative Defenses asserted above as if set forth fully
herein.
6. On April 13, 2018, Fitzgibbon commenced an action against Radack in the United
States District Court for the Eastern District of Virginia (Case No. 3:18-cv-247-REP) (the “First
Radack Action”). In the First Radack Action, Fitzgibbon alleged causes of action for malicious
prosecution, defamation, insulting words, abuse of process, and conspiracy. Fitzgibbons claim’s
stem from the fact that in 2016 Radack, along with two other women, made police reports against
Fitzgibbon for sexual assault.
7. In the past, a dozen or more different women have also accused Fitzgibbon of
sexual misconduct. See “The Disturbing Story of Widespread Sexual Assault Allegations at a
Major Progressive PR Firm.” https://www.huffingtonpost.com/entry/fitzgibbon-
mmedia_us_567330fce4b014efe0d4cb4e The article quotes a joint statement from former
Fitzgibbon Media staffers which “reported over a half dozen incidents of sexual harassment and
at least two involving sexual assault committed by Trevor FitzGibbon against his own employees.”
Id. The article goes on to describe that this was not the first time Fitzgibbon faced accusations of
inappropriate workplace behavior, as he was previously disciplined by his prior employer, Fenton
Communications, amid accusations from female colleagues of sexual harassment. Id.
6
8. Sexual misconduct accusations by other women against Fitzgibbon have also
appeared on social media:
See also Tweet by @skinnyedmundo comparing Fitzgibbon to Roger Ailes:
7
Caren Benjamin (@skinnyedmundo)
5/19/17, 10:30 AM
RIPurgatory, Roger. #TrevorFitzgibbon proudly carrying on your tradition bit.ly/2qBj9gu
twitter.com/NYDailyNews/st…
9. Despite the prevalence of reports by numerous women regarding Fitzgibbon’s
ongoing sexual misconduct, he has repeatedly singled out Radack as someone attempting to smear
his already tarnished reputation.
History of Fitzgibbon’s Retaliatory Smear Campaign Directed Towards Radack
10. Due to a long history of sexual assault allegations lodged against Fitzgibbon, in
2017 Fitzgibbon co-founded a business called ShadowBox Strategies (“ShadowBox”).
ShadowBox was run by Fitzgibbon, along with his co-conspirators Manuel “Defango” Chavez III
and Thomas Schoenberger (“Schoenberger”). ShadowBox has described its mission as follows:
THIS IS WAR
Shadowbox is your army. We solve your problems and expose truth. We unleash a
multifaceted, strategic battle plan through integrated research earned media, legal and
digital chaos.
Where your enemies have lied to paint you as the bad guy, we sow the seeds of doubt and
present the counter-narrative that they are, in fact, the villains, and you have been unjustly
accused. We do this through sophisticated use of internet technology, meme creation,
PR, and cyber-guerrilla tactics that stop the bleeding and begin to sway public opinion
and the media in your favor.
WHAT WE DO
Shadowbox designs crisis management/ counterinsurgencies to debunk and hit back at

malicious and defamatory online and media attacks on our clients…..Our operations unit
effectively routs adversaries away from you, sending them to chase phantoms and
rendering them exhausted and perplexed.…”
https://trackingmeroz.wordpress.com/tag/thomas-schoenberger/
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11. Fitzgibbon befriended a woman by the name of Beth Bogaerts (“Bogaerts”) to assist
with furthering the mission of ShadowBox. However, ShadowBox was only ever able to recruit
two clients and eventually the company was dissolved. Notwithstanding, Fitzgibbon convinced
Bogaerts that Radack was a mole for the government, that Radack had falsely accused Fitzgibbon
of rape, and recruited her to assist him in his efforts to threaten, harass, and retaliate against Radack
through social media.
12. Fitzgibbon directed Bogaerts to tweet phrases such as “tick tock” at Radack for the
sole purpose of intimidating and harassing Radack on social media. Fitzgibbon also instructed
Bogaerts to conduct research about Radack to assist him in his efforts to smear and sabotage
Radack.
13. Fitzgibbon and Bogaerts engaged in numerous discussions regarding ways to harass
Radack, which include but are not limited to, the following:
a. Conversation wherein Fitzgibbon asked Bogaerts to look at Radack’s Facebook
page because he was blocked and then replied, “it seriously makes me wonder
. . . if I’m really evil”:
9
b. Conversation between Bogaerts and Fitzgibbon, wherein Fitzgibbon discusses
making an alternative account not attributed to him to post Radack’s private
text messages calling it “the setup”:
10
c. Email from Fitzgibbon to Schoenberger regarding a plan to have Bogaerts reach
out to a journalist who had previously done a story on Radack, to write another
story about Radack:
14. The foregoing communications illustrate Fitzgibbon’s long-standing obsession
with stalking and harassing Radack.

11
15. Bogaerts eventually informed Fitzgibbon that she no longer wanted to be involved
with his campaign against Radack because it became clear that Fitzgibbon’s obsession with
smearing Radack was beyond the pale and/or possibly illegal.
Fitzgibbon’s Continued Harassment of Radack Post-Settlement of the First Radack Action
16. On April 9, 2019, the parties entered into a settlement agreement (the “Settlement
Agreement”) whereby Fitzgibbon agreed that:
a. He would not tweet, retweet, reply, like or otherwise post anything on Twitter,
Facebook, YouTube or any other social media platform, or any other print or
media outlet, that mentions Radack or that is of or concerning Radack;
b. He would not direct, request, encourage, entire, procure or otherwise cause any
third party, including but not limited to any friends, colleagues, or clients of the
other to tweet, retweet, reply, like or otherwise post anything on Twitter,
Facebook, YouTube, any other social media platform, or any print or media
outlet, that mentions Radack or that is of and concerning Radack.;
c. He agreed to refrain from publishing, making, printing or communicating,

electronically, orally, in writing, or in any other manner, to any third party
(excluding family members) or to the print or broadcast media, within social
media of any nature, or on the Internet, any disparaging comments or words
that could cause or contribute to such Party being held in disrepute by the
public.
Paragraphs 4(a)-(c)
17. Not surprisingly, and in clear violation of the Settlement Agreement, Fitzgibbon
has continued in his crusade to retaliate against, tarnish, defame, embarrass, and humiliate Radack
through posting, and directing others to post on social media and other media outlets, statements
of or concerning Radack. Fitzgibbon’s action include, without limitation, the following:
a. Upon information and belief, on or about May 3, 2019, Fitzgibbon instructed
his long-time friend and journalist, Lara Logan, to post the following false and
defamatory language on Twitter, alongside Radack’s Twitter handle and profile
picture: “[She] took everything from [Fitzgibbon]—his reputation, his home,
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his ability to provide for his family. As a victim of gang-rape and sodomy, I say
firmly that I stand by every victim of rape and sexual assault—the ones who do
not lie.”
b. Upon information and belief, on or about May 8, 2019, Fitzgibbon instructed
Lara Logan, to post the following false and defamatory information on Twitter
which is of or concerning Radack:
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c. Upon information and belief, on or about June 1, 2019, Fitzgibbon instructed
his close friend Michael J Daugherty, to post the following on Twitter which
is of or concerning Radack:
14
d. On June 13, 2018, while the First Radack Action was pending, Fitzgibbon
appeared on the show Full Measure with Sharyl Attkisson which has a
15
viewership of approximately 700,000 or more. On the show Fitzgibbon made
numerous false and defamatory statements including that all sexual conduct
between himself and Radack was 100% consensual, statements implying that
Radack sent him text messages on December 8th after she was raped which
indicate that she was “happy,” and statements implying that Radack’s allegedly
false sexual assault claims have caused him to be vilified and lose his home and
business. 2
https://www.youtube.com/watch?v=JL8U3G8pKiQ;https://www.prnewswire.
com/news-releases/ratings-for-full-measure-with-sharyl-attkisson-grow-by-
76-regularly-beating-cable-news-programs-on-sunday-mornings-
300390182.html
n After the settlement of the First Radack Action occurred, Fitzgibbon provided
Sharyl Attkisson with information regarding the settlement which was
published in the following article on June 29, 2019. The article falsely implies
that Radack fabricated criminal allegations against Fitzgibbon for sexual
assault. https://sharylattkisson.com/2019/06/smearing-wikileaks/
e. Upon information and belief, on July 11, 2019 and December 30, 2019,
Fitzgibbon instructed his confederate, and business partner in Shadowbox,
Manuel “Defango” Chavez III to post the following false and defamatory
information on Twitter which is of or concerning Radack:
2
Fitzgibbon also provided to Full Measure semi-clothed pictures of Radack, as well as pictures of Radack wearing
lingerie, which were featured on the show. Fitzgibbon’s continuous and blatant attempts to disseminate these pictures
to the public serve no other purpose but to harass, intimidate, and humiliate Radack for reporting to the police that she
was sexually assaulted by Fitzgibbon.
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f. On or about August 1, 2019, @TFawnstaff (an account which upon information
and belief is controlled by Fitzgibbon but recently deactivated), posted the
following false and defamatory information on Twitter which is of or
concerning Radack:
17
18
g. On or about October 10, 2019, Fitzgibbon posted the following on Twitter,
which contains comments of or concerning Radack:
19
h. While the First Radack Action was pending, Fitzgibbon created a Wikipedia
entry for himself discussing the pending lawsuit. After the First Radack Action
was settled, Fitzgibbon republished false and defamatory information of or
concerning Radack on en.everybodywiki.com—which bills itself as “the free
wiki where everybody can write their own biography.”
https://en.everybodywiki.com/Trevor_Scott_FitzGibbon
i. In a blatant attempt to bait Radack, Fitzgibbon tagged Radack’s former client,
John Kiriakou, and current client Edward Snowden, in the following post:
j. On December 19, 2019, Fitzgibbon continued his provocations by tagging two
of Radack’s former clients, Bill Binney and John Kiriakou, and her close
friend Daniel Ellsberg, in the following post:
20
k. Upon information and belief, Fitzgibbon authored and prompted his media
contacts to publish the following article which is false and defamatory and of
or concerning Radack: https://rixstep.com/1/20190529,00.shtml
l. Fitzgibbon has engaged in an active campaign to bait, troll, and defame
Radack on social media through confederates, proxies, and “alt” accounts,
including but not limited to: @laralogan, @SharylAttkisson, @Suzi3d,
@ElizabethleaVos, @CassandraRules, @Angel_Fox_Today, @DeCespedes,
@ventuckyspaz, @TrevorFirzgibbon, @TFawnstaff, and @RADACKwatch
which has the tagline “Whistleblowing on Jesselyn Radack.”
18. The Settlement Agreement entered into between Radack and Fitzgibbon, contains
the following liquidated damages clause:
The Parties acknowledge and agree that a material breach of the provisions of this
paragraph 4 would result in significant damage to the non-breaching Party. The
Parties hereby acknowledge and agree that the amount of damages in the event of
a material breach of the provisions of this paragraph 4 would be difficult or
impossible to determine and that the amount $1,000 for each tweet, retweet, reply,
like, post or comment that violates paragraphs 4(a), 4(b)[sic] or 4(c) is the best and
most accurate estimate of the damages the non-breaching Party would suffer in the
event of a material breach of this paragraph 4, that such estimate is reasonable under
21
the circumstances existing as of the date of this Agreement and under the
circumstances that the Parties reasonably anticipate would exist at the time of such
breach and that the breaching Party agrees to pay the non-breaching Party that
amount as liquidated damages, and not as a penalty, if the non-breaching Party
asserts, and a court of competent jurisdiction confirms, such a material breach. The
burden of proof in any action alleging a breach of this paragraph 4 shall be proof
by clear and convincing evidence.
Paragraph, ¶ 4(e).
19. As a result of Fitzgibbon’s numerous breaches of the Settlement Agreement,
Radack has suffered and is entitled to liquidated damages in an amount to be proven at trial, plus
attorney’s fees and costs. 3
COUNT II – Defamation (In the Alternative)
20. Radack restates and re-alleges herein all of her answers to Plaintiff’s allegations in
the Second Amended Complaint, all of her Affirmative Defenses, and the allegations in the
Counterclaim asserted above as if set forth fully herein.
21. It is Radack’s position that the liquidated damages provided for in the Settlement
Agreement are the sole, and exclusive, remedy for breaches described in Paragraphs 4(a)-(c) of
the Settlement Agreement, therefore damages should be capped at $1,000 per violation. However,
should the Court find that this is not the exclusive remedy, Radack pleads the instant Defamation
claim.
22. By his conduct as alleged above, Fitzgibbon has, without a privilege to do so,
maliciously published and communicated to third parties false and defamatory material of or
3
If the liquidated damages provision in the Settlement Agreement is determined to be unenforceable for any reason,
or if it is determined that the liquidated damages clause does not limit the amount of damages a party can be awarded
for breach of the Settlement Agreement, then Radack seeks any and all actual and consequential damages she has
suffered in an amount to be determined at trial.
22
concerning Radack that ridicules Radack, treats Radack with contempt, and which attempts to
discredit Radack in the minds of her family, friends, colleagues, clients, and associates.
23. Fitzgibbon’s defamatory statements and, upon information and belief those
Fitzgibbon directed others to make on his behalf, taken as a whole, are defamatory per se.
Fitzgibbon knew or should have known that these false and defamatory statements would be
republished over and over by third-parties to Radack’s detriment and injury. Republication was
the natural and probable consequence of Fitzgibbon’s actions and was actually and/or
presumptively authorized by Fitzgibbon. Fitzgibbon is liable for the republication of the false and
defamatory statements by third-parties.
24. Fitzgibbon’s false statements, and those he directed to be made, impute to Radack
the commission of felonies and crimes involving moral turpitude. Fitzgibbon’s false and
defamatory statements also impute to Radack an unfitness to perform the duties of an office or
employment for profit, or the want of integrity in the discharge of the duties of such office or
employment.
25. Fitzgibbon made the false statements, or directed the false statements to be made,
with actual or constructive knowledge that they were false or with reckless disregard for whether
they were false. Fitzgibbon acted with actual malice and reckless disregard for the truth.
Fitzgibbon lacked reasonable ground for any belief in the truth of his statements.
26. Fitzgibbon’s acts of defamation have caused Radack to suffer irreparable harm and
injury. As a result of Fitzgibbon’s defamatory statements, Radack has suffered compensatory
damages in an amount to be proven at trial. Due to the wanton, willful, and malicious nature of
Fitzgibbon’s conduct Radack is also entitled to an award of punitive damages in an amount to be
proven at trial.
23
COUNT III – Fraudulent Inducement (In the Alternative)
27. Radack restates and re-alleges herein all of her answers to Plaintiff’s allegations in
the Second Amended Complaint, all of her Affirmative Defenses, and the allegations in the
Counterclaim asserted above as if set forth fully herein.
28. It is Radack’s position that the liquidated damages provided in the Settlement
Agreement is the sole, and exclusive, remedy for breaches of the Settlement Agreement described
in Paragraphs 4(a)-(c) of the Settlement Agreement, therefore damages should be capped at $1,000
per violation. However, should the Court find that this is not the exclusive remedy, Radack pleads
the instant Fraudulent Inducement claim.
29. Radack relied upon Fitzgibbon’s representations that he would discontinue his
crusade to retaliate against, tarnish, defame, embarrass, and humiliate Radack through posting, and
directing others to post on social media and other media outlets, statements of or concerning
Radack. In reliance upon Fitzgibbon’s agreement to “bury the hatchet” Radack dismissed her
Counterclaim in the First Radack Action, dismissed her pending bankruptcy case, and settled all
claims with Fitzgibbon. Radack was induced by Fitzgibbon’s misrepresentations and deceit to
enter into the Settlement Agreement.
30. Fitzgibbon’s representations were false at the time they were made. His actions,
and those of his confederates, which occurred promptly after the Settlement Agreement was
entered into, demonstrate that he had no present intention to comply with the terms of the
Settlement Agreement. At the time Fitzgibbon entered into the Settlement Agreement, it is clear
he intended to continue to harass, bait, and dox Radack.
24
31. As a result of Fitzgibbon’s fraudulent inducement, Radack has suffered
compensatory damages, including, without limitation, loss of viable claims, attorney’s fees, court
costs, and other damages in an amount to be proven at trial.
WHEREFORE, Defendant/Counterclaim Plaintiff Jesselyn Radack respectfully requests
that this Court enter judgment in her favor, and against the Plaintiff/Counterclaim Defendant
Trevor Fitzgibbon in an amount to be proven at trial to include, without limitation, compensatory
damages, punitive damages, pre-judgment and post-judgment interest, attorney’s fees, costs, and
such other and further relief as the Court deems proper.
TRIAL BY JURY IS DEMANDED
Dated this 7th day of January, 2020
___/s/_D. Margeaux Thomas___________

D. Margeaux Thomas (VSB #75582)
The Thomas Law Office PLC
11130 Fairfax Blvd., Suite 200-G
Fairfax, VA 22030
Telephone: 703.957.2577
Facsimile: 703.957.2578
Email: mthomas@thomaslawplc.com
Counsel for Defendant Jesselyn A. Radack
25
CERTIFICATE OF SERVICE
I hereby certify that on January 7, 2020, a copy of the foregoing document was filed with
the Court electronically. Notice of this filing will be sent automatically by the Court’s CM/ECF
system to the following parties:
Steven S. Biss
300 West Main Street, Suite 102
Charlottesville, VA 22903
Counsel for Plaintiff
/s/ D. Margeaux Thomas__________

D. Margeaux Thomas (VSB #75582)
26

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Case 3:19-cv-00477-REP Document 49 Filed 01/07/20 Page 1 of 26 PageID# 434

UNITED STATES DISTRICT COURT

ANSWER OF DEFENDANT JESSELYN A. RADACK TO PLAINTIFF’S SECOND

Plaintiff Trevor Fitzgibbon’s (“Plaintiff” or “Fitzgibbon”) Second Amended Complaint with

5. Defendant is without knowledge or information sufficient to form a belief as to the

services through Twitter. Defendant is without knowledge or information sufficient to form a

2. The Court lacks personal jurisdiction over Defendant.

3. Venue is improper in this District.

5. Plaintiff’s claims are barred by qualified and absolute privilege.

Amended Complaint are true.

Amended Complaint are statements of opinion.

WHEREFORE, Defendant Jesselyn Radack, by counsel, respectfully requests that the

COMES NOW Defendant/Counterclaim Plaintiff Jesselyn Radack, by counsel, and files

the instant Counterclaim against Plaintiff/Counterclaim Defendant Trever Fitzgibbon, and in

support thereof, states as follows:

1. Defendant/Counterclaim Plaintiff Jesselyn Radack is a resident of the District of

2. Upon information and belief, Plaintiff/Counterclaim Defendant Trevor Fitzgibbon

is currently residing in North Carolina.

JURISDICTION AND VENUE

for the reasons set forth in Radack’s Motion to Dismiss. 1

Radack’s Motion to Dismiss.

COUNT I – Breach of Contract

Fitzgibbon for sexual assault.

Major Progressive PR Firm.” https://www.huffingtonpost.com/entry/fitzgibbon-

mmedia_us_567330fce4b014efe0d4cb4e The article quotes a joint statement from former

Communications, amid accusations from female colleagues of sexual harassment. Id.

8. Sexual misconduct accusations by other women against Fitzgibbon have also

appeared on social media:

See also Tweet by @skinnyedmundo comparing Fitzgibbon to Roger Ailes:

Caren Benjamin (@skinnyedmundo)

9. Despite the prevalence of reports by numerous women regarding Fitzgibbon’s

his already tarnished reputation.

History of Fitzgibbon’s Retaliatory Smear Campaign Directed Towards Radack

2017 Fitzgibbon co-founded a business called ShadowBox Strategies (“ShadowBox”).

Shadowbox designs crisis management/ counterinsurgencies to debunk and hit back at

through social media.

a. Conversation wherein Fitzgibbon asked Bogaerts to look at Radack’s Facebook

. . . if I’m really evil”:

b. Conversation between Bogaerts and Fitzgibbon, wherein Fitzgibbon discusses

making an alternative account not attributed to him to post Radack’s private

text messages calling it “the setup”:

c. Email from Fitzgibbon to Schoenberger regarding a plan to have Bogaerts reach

story about Radack:

14. The foregoing communications illustrate Fitzgibbon’s long-standing obsession

with stalking and harassing Radack.

smearing Radack was beyond the pale and/or possibly illegal.

Fitzgibbon’s Continued Harassment of Radack Post-Settlement of the First Radack Action

Agreement”) whereby Fitzgibbon agreed that:

c. He agreed to refrain from publishing, making, printing or communicating,

of or concerning Radack. Fitzgibbon’s action include, without limitation, the following:

a. Upon information and belief, on or about May 3, 2019, Fitzgibbon instructed

defamatory language on Twitter, alongside Radack’s Twitter handle and profile

picture: “[She] took everything from [Fitzgibbon]—his reputation, his home,

b. Upon information and belief, on or about May 8, 2019, Fitzgibbon instructed

which is of or concerning Radack:

c. Upon information and belief, on or about June 1, 2019, Fitzgibbon instructed

viewership of approximately 700,000 or more. On the show Fitzgibbon made

Sharyl Attkisson with information regarding the settlement which was

that Radack fabricated criminal allegations against Fitzgibbon for sexual

Fitzgibbon instructed his confederate, and business partner in Shadowbox,