Case 1:18-cv-00681-RJL Document 3 Filed 03/26/18 Page 1 of 60 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA AARON RICH Civil Action No. 1:18-cv- , CO Plaintiff, JURY TRIAL DEMANDED v. REDACTED PUBLIC VERSION EDWARD BUTOWSKY 2200 Bradbury Court Plano, TX 75093 MATTHEW COUCH 2300 West Ash Street Rogers, AR 72758 AMERICA FIRST MEDIA 2300 West Ash Street Rogers, AR 72758 and THE WASHINGTON TIMES 3600 New York Ave, NW Washington, DC 20002 Defendants. COMPLAINT Plaintiff Aaron Rich alleges as follows: INTRODUCTION 1. For close to a year, Defendants Edward “Ed” Butowsky, Matthew “Matt” Couch, and Couch’s organization known as America First Media (“AFM”), have falsely and repeatedly alleged in public statements that Plaintiff Aaron Rich (“Aaron”) is a criminal. Specifically, 1 Case 1:18-cv-00681-RJL Document 3 Filed 03/26/18 Page 2 of 60 Defendants have claimed to have “proof” that Aaron (i) worked with his deceased brother Seth Rich to steal data from the Democratic National Committee (“DNC”), (ii) provided that stolen data to the hostile intelligence service WikiLeaks in exchange for payment into Aaron’s bank account, and (iii) engaged in deceit and obstruction of justice to cover his tracks after Seth was murdered. There is no proof that Aaron engaged in any of the alleged conduct—nor could there be, because none of it happened. But Defendants are not interested in the truth. Instead, Defendants are motivated by personal notoriety, financial gain, and naked partisan aims— namely, a desire to discredit allegations that the Trump Campaign colluded with the Russian Government in the 2016 hack of the DNC and the subsequent dissemination of DNC documents on WikiLeaks. In their blind pursuit of these objectives, Defendants have willfully trampled Aaron’s reputation and emotional wellbeing. 2. Aaron’s younger brother Seth was murdered in Washington, D.C. (“D.C.”) on July 10, 2016. Politically-motivated conspiracy theories about Seth’s murder began to swirl shortly after the murder. Because Seth had worked at the DNC, the theories held, his murder could not have been random—instead, the conspiracy theorized that Seth had decided to be a whistleblower and the DNC itself, perhaps even the Democratic Nominee for President, Hillary Clinton, had ordered Seth’s murder as retaliation. Eventually, the dominant theory became that Seth was murdered because the DNC had discovered that he had stolen emails from the DNC and provided them to WikiLeaks, an organization that the current Director of the Central Intelligence Agency has labeled as a hostile intelligence service. That history forms the background to this dispute, but this lawsuit does not seek to stop Defendants from trafficking in Seth Rich conspiracy theories. This lawsuit seeks accountability for Defendants’ defamatory campaign against Aaron. 2 Case 1:18-cv-00681-RJL Document 3 Filed 03/26/18 Page 3 of 60 3. Aaron is an intensely private person who has devoted his entire professional life to protecting U.S. national security. Since 2004, he has worked for the same U.S. defense contractor. Consistent with his professional obligations, Aaron has eschewed public attention throughout his adult life. Although he was horrified by the allegations about his brother, Aaron has kept private his disagreement with scores of individuals who took to social media and Internet discussion forums to accuse Seth of having conspired with WikiLeaks to defraud his former employer. 4. Since the day he learned that he had lost his only sibling, Aaron has worked diligently to assist law enforcement to bring Seth’s murderer to justice. For well over a year, Aaron has devoted countless hours assisting state and federal law enforcement officials investigating the murder. He has provided law enforcement officials with access to all of Seth’s property, followed up regularly with the officials regarding their investigation, and voluntarily testified under oath as a witness before a grand jury convened to investigate Seth’s murder. 5. Defendant Ed Butowsky first injected himself into the Rich family’s tragedy in early 2017, when he contacted the Rich family and offered to fund the hiring of a former D.C. police investigator, Rod Wheeler, to lead a D.C.-based private investigation into Seth’s murder. Defendant Butowsky concurrently pushed Fox News to publish a story about the murder, which quoted Mr. Wheeler as having discovered proof that Seth had leaked DNC documents to WikiLeaks. Mr. Wheeler quickly distanced himself from the quotations attributed to him, and Fox News retracted the story on May 23, 2017, saying it did not meet “the high degree of editorial scrutiny we require for all our reporting.” 6. Around the time of the Fox News retraction—in the early months of summer 2017—Defendants Matt Couch and his organization, AFM, began speaking regularly with 3 Case 1:18-cv-00681-RJL Document 3 Filed 03/26/18 Page 4 of 60 Defendant Butowsky. Shortly after they made contact, Defendants Butowsky, Couch, and AFM agreed to work together to publish defamatory statements about Aaron. Their agreement provided Defendant Butowsky with a platform to publish his false allegations about Aaron, while offering Couch and AFM a so-called “source” of information about the Seth Rich murder. Defendants Couch and AFM sought to make themselves the leading voice of the conspiracy theory that Seth Rich leaked DNC documents to WikiLeaks, motivated in part by a desire to generate notoriety, raise funds from the public, and sell Seth Rich-themed merchandise online. Defendants are also motivated by a mutual commitment to convince the public that Seth Rich was the source of the stolen DNC documents that WikiLeaks published, because they believe that proving Seth Rich’s involvement would disprove allegations that the Trump Campaign colluded with the Russian Government to influence the 2016 Election. In Defendant Couch’s words, Defendants’ objective is to “turn up the heat on Seth Rich” so that “the Russian narrative dies.” 7. In the summer of 2017, Defendants launched their campaign to defame Aaron. Specifically, Defendants Butowsky, Couch, and AFM conspired to promote Butowsky’s fabricated claim that Aaron had worked with Seth to steal the DNC’s emails and leak them to WikiLeaks in exchange for money. Over time, Defendants’ fabricated claims about Aaron became increasingly grotesque. Defendants’ false statements have directly alleged, or otherwise implied, that: • Aaron worked with his brother, Seth, to steal and leak DNC documents to WikiLeaks, including by serving as the information technology expert that made the leak of documents to WikiLeaks possible; 4 Case 1:18-cv-00681-RJL Document 3 Filed 03/26/18 Page 5 of 60 • Aaron received money into his own bank account from WikiLeaks for helping Seth provide those stolen documents; • Aaron knew in advance that his brother was going to be murdered for his role in leaking documents to WikiLeaks, but did nothing to stop it, and even warned Seth’s girlfriend in advance to break up with him to protect her own safety; • Aaron has covered up his involvement in his purported role in leaking documents to WikiLeaks; and • Aaron has obstructed justice by interfering with law enforcement efforts to bring his brother’s murderer to justice, including his purported refusal to provide law enforcement with access to investigative materials. 8. Aaron attempted to address Defendants’ lies about him in private. In December 2017 and January 2018, Aaron sent letters to Defendants Couch and Butowsky, respectively, telling them that their allegations against him were false, and pleaded with them to cease spreading falsehoods about him. He asked them to consider how they would feel to be accused of complicity in their own brother’s murder. After receiving those letters, Defendants doubled and then tripled down on their behavior—they continued to disseminate false statements about Aaron, and then upped the ante by conspiring to have their lies about Aaron published in a prominent national newspaper. 9. On March 1, 2018, Defendant The Washington Times (“Times”) published an “Analysis/Opinion” titled “More cover-up questions” (hereinafter “the Publication”) on both its Website and in print. Defendants Couch and AFM publicly acknowledged that the article “was put out to help vindicate our team.” The Publication contained false factual statements about Aaron that previously had been peddled by Defendants Butowsky, Couch, and AFM, including 5 Case 1:18-cv-00681-RJL Document 3 Filed 03/26/18 Page 6 of 60 that he downloaded the DNC emails and received money from WikiLeaks; further, the Publication also implied that Aaron is obstructing justice by refusing to be interviewed by law enforcement officials. Defendant Butowsky is the only source cited in the Publication. Despite having pre-publication knowledge of Defendant Butowsky’s history of deliberately publishing false information about the same topic, and despite receiving notice of the falsity of the statements about Aaron after the Publication, Defendant Times has neither removed nor retracted the Publication. 10. Every statement the Defendants have advanced regarding Aaron’s alleged involvement in the WikiLeaks leak and the cover-up of his own brother’s murder is false, and because the statements accuse Aaron of criminal conduct, they are defamatory per se. Defendants have acted with reckless disregard for the truth of these allegations, and they have continued to advance the claims well after being placed on notice that the claims are false. Defendants have also gone to great lengths to publicize otherwise private facts about Aaron’s life. For example, Defendants have published information about where Aaron works, the nature of his work, the fact that he holds a government security clearance, and the level of that security clearance. Defendants have admitted that their motive for saying these things about Aaron is their desire to advance political arguments. Worse, Defendants Couch and AFM have used these sensational conspiracy theories to increase their own profiles and followings, raise money through online fundraising platforms, and sell merchandise. 11. Defendants have caused Aaron to suffer severe emotional, reputational, and economic harm. On the heels of the murder of his only sibling, Aaron has been falsely accused of conspiring with a hostile foreign intelligence service, knowing that his own brother was going to be murdered (and doing nothing to stop it), and participating in a cover-up of his own 6 Case 1:18-cv-00681-RJL Document 3 Filed 03/26/18 Page 7 of 60 brother’s murder. Aaron has received death threats and vicious online harassment, and has been forced to incur security expenses and legal fees to address constant concerns regarding his safety. This unwelcome notoriety has taken a toll on Aaron’s personal and professional wellbeing. D.C. law entitles Aaron to damages for the economic, reputational, and emotional harm that Defendants’ statements have caused. 12. Our constitutional system leaves wide room for debate on issues of public concern, but individuals like Defendants poison that deliberate space when they flood it with fabricated information about private figures like Aaron. Defendants are entitled to spend their own time and resources to investigate unsolved crimes, and to publicize their findings if they choose, but Defendants have no right to falsely declare that they have “proof” that innocent people have committed criminal acts. In sum, Defendants are entitled to their own opinions, but they can and must be held accountable for their lies. That is the purpose of this lawsuit. PARTIES 13. Plaintiff Aaron Rich is a resident and citizen of the State of Colorado. 14. Defendant Edward Butowsky is a resident and citizen of the state of Texas. Defendant Butowsky is a financial adviser and the Managing Partner of Chapwood Investments, LLC, and a frequent guest on a number of televised cable news programs. 15. Defendant Matthew Couch is a resident and citizen of Arkansas. He is the Founder and Host of the America First Media Group, Inc. (“AFM”). 16. Defendant AFM is registered as a nonprofit organization in Arkansas and was founded by Defendant Couch, who is listed as its registered agent and incorporator/director. The group’s first Website (www.americafirstmg.com) identified the following individuals (and their Twitter handles) as members of AFM: Flynn (@FITE4THEUSERS); Eddie Graham 7 Case 1:18-cv-00681-RJL Document 3 Filed 03/26/18 Page 8 of 60 (@egraham_cracker); Truth or TIG (@TruthinGovernment2016); ThinBlueLR (@ThinBlueLR); Bill Pierce (@therealbp65), Josh Flippo (@jflippo1327), Hannibal Moot (@HannibalMoot); and Matt Couch (@realmattcouch).1 At least one member of the AFM team lives and works in or around Washington, D.C. 17. Defendant The Washington Times, LLC (“Times”) is incorporated in the state of Delaware and has its principal place of business in Washington, D.C, where it publishes a daily newspaper. JURISDICTION AND VENUE 18. The Court has subject matter jurisdiction over this action under 28 U.S.C. § 1332 because there is diversity of citizenship among the parties, and the amount in controversy exceeds $75,000 exclusive of interest and costs. 19. This Court has personal jurisdiction over Defendant Times pursuant to D.C. Code § 13-422 because its principal place of business is in D.C. 20. This Court has personal jurisdiction over Defendants Butowsky, Couch, and AFM pursuant to D.C. Code § 13-423(a)(1) because Plaintiff’s claims arise out of business that Defendants have transacted in the District of Columbia and their continuous business contacts with the District. • Defendant AFM and its members, including Defendant Couch, have traveled to D.C., where they met with “sources” and from which they posted social media content for the purposes of raising funds and advancing their D.C.-centric narrative about the Plaintiff and his family. They regularly solicit donations to 1 Matt Couch, Meet the America First Media Team, AMERICA FIRST MEDIA, August 6, 2017, https://www.americafirstmg.com/single-post/2017/08/06/Meet-The-America-First-Media-Team. 8 Case 1:18-cv-00681-RJL Document 3 Filed 03/26/18 Page 9 of 60 support taking their “investigation” to D.C., and they target their message to the D.C. market, including to local law enforcement in an effort to influence the D.C.- based investigation. As detailed in the factual allegations infra, Defendants Couch and AFM regularly solicit funds, including from individuals in D.C., to assist in their efforts to defame Aaron (among others), including by soliciting funds to travel to D.C. They encourage residents of Washington, D.C. and the surrounding suburbs to reach out and provide “information” to their team. Defendants AFM and Couch have conducted activities in D.C. that constitute overt acts that furthered the conspiracy with Defendant Butowsky. At the time of the filing of this Complaint, Defendants Couch and AFM have traveled to and are present in D.C. to further the activities described above. • Defendant Butowsky encouraged the publication of defamatory content about the Plaintiff in The Washington Times, a D.C.-based publication, and he has held meetings in D.C. for the purpose of advancing the same D.C.-centric conspiracy theory. He paid money to a D.C.-based private investigator to perform an investigation in D.C for the same purpose. Defendant Butowsky regularly conducts business in D.C. and the surrounding area and is a member of and/or participant in Washington, D.C.-based commissions and events, including the Citizens’ Commission on Benghazi. Defendant Butowsky has conducted activities in D.C. that constitute overt acts that furthered the Defendants’ common scheme. 21. Alternatively, this Court has personal jurisdiction pursuant to D.C. Code § 13- 423(a)(3) because Defendants committed acts in the District of Columbia that caused tortious 9 Case 1:18-cv-00681-RJL Document 3 Filed 03/26/18 Page 10 of 60 injury to Plaintiff within the District of Columbia. Defendant Times, a D.C.-based publication, produced and published defamatory content about the Plaintiff in the District of Columbia. Defendant Butowsky encouraged the publication of defamatory content about the Plaintiff in the D.C.-based publication. The publication of defamatory conduct within D.C. constitutes overt acts that furthered the Defendants’ common scheme. Aaron suffered tortious injury in the District of Columbia by virtue of the publication of defamatory content in D.C. Furthermore, he has suffered harm to his reputation in D.C. as a direct and proximate result of the Defendants’ tortious acts. Aaron’s professional opportunities and reputation depend upon the favorable opinions of and relationship with individuals located in D.C. He is employed by a company headquartered in Northern Virginia whose primary customer is the United States Government. He possesses security clearance granted and adjudicated by federal agencies located in and around D.C. Many of the clients for whom he works and who decide whether to permit him to do so are located in D.C. Aaron maintains regular contact with and is assisting law enforcement investigators based in D.C. relating to the murder of his brother in Washington, D.C. Aaron has voluntarily testified before a grand jury convened in D.C. in connection with his brother’s murder. Plaintiff routinely travels to D.C., and has felt the injurious impact of the Defendants’ statements while in the District. For example, while Aaron was in D.C. the week of November 13, 2017, Defendant Couch tweeted messages directed to him, including one about being “on the Road,” which triggered safety concerns for Aaron and his family. That same week, one of Defendant Couch’s followers who had previously written that “Aaron Rich knows more than he puts on” and “Heard he was involved with Seth for the transfer” wrote: “Waterboard Aaron Rich! All the truths will be found.” 10