District of Oregon

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Hummasti v. Republic of Pakistan

Santa Clara University School of Law

.. IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION JOHN MAURITZ HUMMASTI, PLAINTIFF, vs. REPUBLIC OF PAKISTAN, DEFENDANT, CAIR's San Francisco chapter director ZAHRA BILOO, DEFENDANT, TWITTER, DEFENDANT. CIVIL COMPLAINT No. 0: '2/-/Jf/-/~ MD COMES NOW, John Mauritz Hummasti, Plaintif( and hereby complains as follows: BACKGROUND This is a Civil Action for Injunctive and Declaratory Relief against Defendants and for a redress of Plaintifrs First Amendment Free Speech claims against Defendant Twitter who, (together with Defendant Zahra Biloo) rather than (self-) censor "anti-Semitic hate speech'' from their internet platform, promotes and permits "anti-Semitic hate speech" to be posted and remain on their internet platform by Defendant CAIR's San Francisco chapter director Zahra Biloo postings on twitter and those acting in concert and participation with them; and against Defendants who allege that Plaintiff has violated Pakistan's Criminal Code §295C by posting an on-line "tweet" related to Twitter's unlawful I Case 3:21-cv-01852-MO    Document 2    Filed 12/20/21    Page 1 of 8and unconstitutional censureship of'On-Line' posting "Star of David" content and Defendant Twitter's suspension and locking of Plaintifrs Twitter account in violation of the First Amendment. Relevant thereto, Defendant CAIR's San Francisco chapter director Zahra Billoo and Defendant Twitter continues to promote "anti-Semitic hate speech" in violation of the Israeli Law "Combatting Terrorism Law, 5776-2016" (Combatting Terrorism Law, 5776-2016, SEFER HAHUKIM [BOOK OF LAWS, the official gazette] 5776 No. 2556, p. 898; and Defendant Biloo is acting as an unregistered agent for a foreign terrorist organization (the IKWAN) by providing "material support and assistance to foreign terrorist organizations" {llamas or the Muslim Brotherhood) in violation of the prohibitions regarding terrorism- e.g. 18 USC 2339A, et. seq.! In relationship thereto, as ADL CEO Jonathan Greenblatt has stated: Defendant Billoo's "Islamophobia" allegations didn't discourage "Muslims from working with Jewish groups at-large," CAIR's statement claimed. She just lumped the ADL, Jewish Federation, campus Hillels and "Zionist synagogues" into an enemies list, connecting them all to a vast Jewish conspiracy to harm Muslims." Such conspiratorial "Jihadisf' allegations of a " a vast Jewish conspiracy to harm Muslims" under the guise of "Islamophobia" is an insideous attempt to incite violence against the International Jewish Community and "exclude Jews out of social justice and civil rights spaces such as the Internet." In relationship to Defendant Twitter's unlawful supression of and censureship of'On-Line' posting "Star ofDavid" content, Plaintiff, an Orthodox Jew, on or about 21 July 2020 made the following posting <https://twitter.com/JohnHummasti/status/1285990439263145986 >: "@RabbiWolpe Why don't they ban Louis Farrakahn and the followers of that false prophet Muhammad the pedophile?" Clearly, the content of Plaintiff's posting, while it may be offensive to the sensibilities of some Muslims, is protected religious speech under the First Amendment to the United States Constitution as it merely expresses the commonly held Jewish belief that Muhammad was a false prophet and Islam is 2.... Case 3:21-cv-01852-MO    Document 2    Filed 12/20/21    Page 2 of 8not a valid religion but rather "heresy" - a pagan [Quraish] tribal religion which promotes pedophilia and slanders Jews and attempts to rewrite Jewish history. That is, a "false prophet" as Deuteronomy states (xiii. 2-6 [A. V. 1-5], xviii. 20-22), is designated there as "prophet, or a dreamer of dreams," [ .... ] And in the same Scriptural dicta the Talmud discovers provisions against the following classes of false prophets: (a) one who presumes to speak in G-D's name what He has not commanded (xviii. 20); (b) one who pretends to have been charged with a message which, in reality, G-D has entrusted to another (as an example of this class Hananiah, the son of Azur the prophet); (c) one who speaks in the name of other gods (Deut. xiii, 3 [ A. V. 2], xviii. 20), whether ordering the observance of strictly Mosaic precepts on pretense of a revelation to that effect from a strange deity, or declaring that G-D ordains the worship of a strange deity, or that a strange deity ordains its own worship ofitself (Sanh. xi. [x.] 5, 6; 89a). Since Muhammad spoke in the name of the Quraish tribal pagan "moon" deity both "before and after" his alleged revelations, he spoke in the name of a false, foreign deity and as such is classified as a false prophet! Moreover, since Muslims and Islamic sources (Hadith of Bukhari, volume 5, #234) do not dispute that Muhammad was a pedophile as that term is understood and defined; Plaintiffs posting in relationship thereto was a factual or accurate historical statement of the truth! In response to Plaintiffs posting, Defendant Republic of Pakistan Law Enforcement claimed to Defendant Twitter that Plaintiff violated Pakistan's Criminal Code; so, on or about 5 January 2021 Defendant Twitter sent'Plaintiff an email which stated in part: Twitter Legal <twitter-legal@twitter.com>Tue, Jan 5 at 7:50 PM "Hello @JohnHummasti, In the interest of transparency, we are writing to inform you that Twitter has received a request from Pakistan regarding your Twitter account, @JohnHummasti, that claims the following content violates the law(s) of Pakistan. @JohnHummastihttps://twitter.com/JohnHummasti/status/1285990439263145986 We have not taken any action on the reported content at this time as a result of this request. [ .... ] Sincerely, Case 3:21-cv-01852-MO    Document 2    Filed 12/20/21    Page 3 of 8Twitter" Because Pakistan claims the content of Plaintifrs posting violates Pakistan's Criminal Code §295C1 and such alledged violation carries with it the Death Penalty, Plaintiff requests that this Honorable Court enjoin the Pakistan (or, for example, the Jordanian) government(s) from taking legal action (E.g. Extradition or placing an Interpol "Red Notice") against Plaintiff or other action which would violate Plaintifrs First Amendment right to Free Speech and Association or which would impose a legal barrier to Plaintifrs Treaty rights ( e.g. to emmigrate to Bretz Yisrael) which is recognized by the Anglo-American Treaty of 1924 as the Supreme Law of the Land and guaranteed under Israeli Law to "Return to Bretz Yisrael" (Safe Passage or Safe Conduct2). Additionally, because Plaintiff has been denied a "Constitutionally Protected" right to Freedom of Speech ( on the world-wide-web or "the internet" - a public forum) by Defendant's' allegations, actions3 and ommissions; Plaintiff sent Defendant Twitter the following email: "RE: Notice of Legal Action - Pakistan Penal Code § 295C Yahoo/Sent John Hummasti <johnhummasti@yahoo.com> To: twitter-legal@twitter.com Sun, Feb 14 at 12:34 PM B"H To Whom It May Concern: Shalom. This is notice that I will be pursuing legal action in the US District Court in regards to your email of 5 January 2021 wherein you assert that Pakistan claims the content ofmy twitter posting (in relationship to twitter censoring "Star of David" content) @ https://twitter.com/JohnHummasti/status/1285990439263145986 violates Pakistan Law. My research indicates that the law of Pakistan I am alleged to have violated is § 295C, which carries the death penalty. 1 or the Hashemiie Kingdom of Jordan's criminal code, Section 273 as amended - the 2006 amendment to the Criminal Procedures Act, relates that the state bas the power to prosecute any crime - including blasphemy - committed in a foreign country if it affects Jordanians through the Internet or other "electronic means" - including Twitter. 2 As the Court bas stated, the "law of the flag" provides that, neutral persons and vessels may transverse international borders with safe conduct, unhindered or unmolested by mercenaries, terrorists, pirates, and the like. United States v. Jho, 534 F. 3d 398 (5th Circuit 2008), 18 U.S. Code § 1545. Haig v. Agee, 453 U.S. 280, 292 (1981), Appam, 243 U.S. 124 (1917). 3 Since Defendant Twitter bas both locked and suspended Plaintiff's account, Defendants violate Plaintiff's First Amendment right to freely communicate with the Jewish Community and US and Israeli Elected Officials in a public forum and bas specifically prevented Plaintiff from communicating with Rabbi Wolpe. 4 Case 3:21-cv-01852-MO    Document 2    Filed 12/20/21    Page 4 of 8Use of derogatory remarks, spoken, written, Mandatory Death and fine (Feb. 1990f.ill) Trial directly or indirectly, etc. defiles the name of must take place in a Court of Session with a Muhammad or other Prophet( s) 1986 Muslim judge presiding. [32) Because this alleged offense carries with it the death penalty and the United States has an extradition treaty with Pakistan; whether you respond or not, I will be pursuing legal action to protect my right to free speech under the First Amendment. In the interests of justice, please provide me with the name or agency in or of Pakistan who lodged a complaint with twitter in regards to the above mentioned posting. I do not wish to file a complaint against twitter to compel disclosure of the identity of the person or agency in Pakistan whom I've allegedly offended. This request is a simple one .... Thank you for your time and attention to this matter. Yochanan Ezra hen Avraham (John Mauritz Hummasti) 503-327-4268" and took the additional legal precaution of posting said Legal Notice on the Internet at: <https://johnmhummasti3 3 34 5 5225. wordpress.com/2021/02/14/re-notice-of-legal-action-pakistan-penal-code-%c2%a 7-295c/> JURISDICTION This Court has jurisdiction pursuant to 18 USC 2339A, et seq., 28 USC § 1331 (Federal Question), and 28 USC §1332 (Diversity of Citizenship). PARTIES Plaintiff resides at 2704 SE 136thAve., Portland, Oregon 97236. Defendant Republic of Pakistan is a purported sovereign entity whose Embassy for the purposes of this action is located at 3517 International Court Nw, Washington, DC 20008. Defendant Twitter is a corporate party whose legal address for purposes of this action is: Twitter Headquarters 1355 Market St. Ste. 900 San Francisco, CA94103. Defendant CAIR's San Francisco chapter director Zahra Billoo is located at 3160 De La Cruz Blvd., Suite 110, Santa Clara, CA95054. CLAIM Plaintiff avers that the actions and email( s) of Twitter Legal Department has a chilling effect on free speech. That is, because Defendants have asserted that Plaintifl's posting violates Pakistan's criminal code, yet refuses to disclose the identity of the person(s) (or agency) in Pakistan who claims s Case 3:21-cv-01852-MO    Document 2    Filed 12/20/21    Page 5 of 8Plaintiff's·speech violates said code; Plaintiff is unable to persue legal action against any Pakistani or other person of the Islamic Umma from inciting "Islamic" violence against Plaintiff, an Orthodox Jew; and thus, his right4 to freely speak about false prophets is restrained or chilled by threat of censorship or suspension5 of Plaintiffs "Twitter Account" or an implied threat of Extradition, or Arrest by an Interpol "Red Notice" or threat incitement or threat of Death by Muslim terrorists. 4 See for example I King's 18.27 "And it came to pass at noon, that Elijah mocked them, and said: 'Cry aloud; for he is a god; either he is musing, or he is gone aside, or he is in a journey, or peradventure he sleepeth, and must be awaked.' " Here, Plaintiffs speech is protected because it is rooted in a firmly held religious belief that "false prophets are to be mocked and executed." (Devarim - Deuteronomy 13.6 "And that prophet, or that dreamer of dreams, shall be put to death; because he hath spoken perversion against the L-RD your G-D, who brought you out of the land of Egypt, and redeemed thee out of the house of bondage, to draw thee aside out of the way which the L-RD thy G-D commanded thee to walk in. So shalt thou put away the evil from the midst of thee.") 5 On Wednesday, February 24, 2021 at 8:45 PM Defendant Twitter "locked" Plaintiff's Twitter account for ''Violating our rules against hateful conduct. You may not promote violence against, threaten, or harass other people on the basis of race, ethnicity, national origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, or serious disease." Again, on or about Tue, Jun 8 at 5: 17 PM Twitter Legal wrote, (in part): "Hello @JohnHummasti, In the interest of transparency, we are writing to inform you that Twitter has received a request from Pakistan Law Enforcement regarding your Twitter account, @JohnHummasti, that claims the following content violates the law(s) of Pakistan. https:/ /twitter.com/JohnHummasti/status/13969104 77477781504 We have not taken any action on the reported content at this time as a result of this request" and again on or about Sunday, November 21, 2021, 09:00:49 AM PST, Twitter Support <support@twitter.com> wrote: "Hello, We received your appeal regarding your account Please reply to this message and confirm that you have access to this email address. Once we receive your confirmation, we'll review the information you provided and will respond as soon as possible. We typically suspend accounts for violations of the Twitter Rules (https://twitter.com/rules) or Terms of Service (https://twitter.com/tos). Additionally, repeat violations may result in permanent account suspension. Thanks, Twitter" and once again placed Plaintiff's Twitter Account in Suspension without making any decision in regards to Plaintiff's Sunday, November 21, 2021, 09:03AMPST "Appeal" ofit's decision to Suspend Plaintiffs account! On 16 December 2021, 6:07 AM Defendant Twitter "lifted" it's unlawful suspension of Plaintiffs account. Plaintiff's Wednesday, February 24, 2021 posting on Twitter specifically stated, "@jihadwatchRS Why does the 'West'' tolerate followers of that pedophile Muhammad?" Again, while this may be offensive to some Muslims, it is clearly protected speech which neither "hateful" nor "promotes violence against, nor threatens, or harasses other people on the basis of[ ... ] religious affiliation." In fact, sex with a minor is a crime and is classified as pedophilia. In Pakistan, it is reported that there are over 1,000,000 "Child Brides" forced into "marriages" with gross, repulsive age disparities between the parties to the "marriages!" In order to reactivate Plaintiff's Twitter account, Plaintiff was required to remove the aforesaid "Tweet." Plaintiff objects to this type of censorship as an unlawful restraint on First Amendment protected "Free Speech" Co Case 3:21-cv-01852-MO    Document 2    Filed 12/20/21    Page 6 of 8CLAIM Defendant Biloo's 27 November 2021 AMPfunded Chicago Anti-Semitic Hate Speech (of conspiratorial "Jihadisf' allegations) that there is" a vast Jewish conspiracy to harm Muslims" under the guise of"Islamophobia" and statements that "Zionist Synagogues and Zionist Jews are the enemies of Muslims" is an insideous attempt to "incite violence" against the International Jewish Community and "exclude Jews out of social justice and civil rights spaces" in violation oflsraeli and US Law in furtherance of a Islamic financed conspiracy by CAIR and their agents, whose stated goal is to "teach Muslim children that it is their "religious right, duty and freedom" as Muslims to practice Shari'a which permits the indiscriminate and wanton killing of Jews" and advocates an "intifada", that is, a "global jihad of genocide of the Jews" to liberate "Palestine" the indigenous6 homeland of the Jewish People. CLAIM Plaintiff further avers that since the Interests of Justice would be served if this Court issues Plaintiff his requested RELIEF, because Plaintiff has a vested liberty interest in the right to safe passage or conduct in regards to traversing International Borders ( e.g. Israeli or Jordanian Territory) on "official business" ( e.g. litigating a Petition for Writ ofRepelvin, In RE: Megillat HaNechoshet which is being unlawfully held in Jordan), this Court should make a Declaratory Judgement with respect to Plaintifrs application for Israeli Citizenship as an Orthodox Jew under the Law of Return, and the Right to Aliyah (Emmigration) for "close Jewish settlement" which is recognized in International Treaty Law, as an Article IV, Section II constitutionally protected liberty interest guaranteed by the Anglo-American Treaty of 1924; he is entitled to freely immigrate to the Bretz Yisrael without interference by the Pakistan (or Jordanian) govemment(s) lodging an extradition request or an interpol red notice or 6 Since Treaty Law gaurantees only Jews the Political Right to "Self-Determinism" in Eretz YISrael and since the Kingdom of Hejaz Arabs of Eretz Ylsrael already exercised "Self-Determinism" at the December 1948 Jericho Conference and gained ''political independence"; they do not have the right to secession from the Hashemite Kingdom or the "right of resistence" to an alleged "foreign occupation" as Jews are not foreigner to Eretz Ylsrael but rather have maintained a continuous 3,000+ years presence in Eretz Yisrael and are indigenous thereto possessing uninterrupted sovereign title to all ofEretz Ylsrael. Emerson, Self-Determination, 65 Am. J. INT'L L. 459, 465 (1971); Delgamuukw v. British Columbia, [1997] 3 SCR 1010 (Case Number 23799). 7 Case 3:21-cv-01852-MO    Document 2    Filed 12/20/21    Page 7 of 8" preventing his from traversing International Borders on "Official Business" . As such, Plaintiff should remain free to pursue Israeli Citizenship under the First Amendment (right of association) and the "Law of Return'' without threat of violence or arrest by Defendant Republic of Pakistan or those acting in concert and participation with them such as the Hashemite Kingdom of Jordan or its agents Hamas andCAIR! RELIEF REQUESTED Plaintiff requests the following relief: 1) A Declaratory Judgement that the actions and ommissions of Defendant Twitter violates Plaintiff's right to Free Speech under the First Amendment to the US Constitution and a "Declaratory Decree" lifting of the "suspension" of Plaintiff's Twitter Account; 2) Injunctive Relief which would prevent Defendant Biloo from "inciting terrorism or other forms of violence through the use of Islamic Anti-Semitic hate speech" in any public or private forum and Injunctive Relief which would prevent the Pakistan Government from attempting to Arrest or Extradite Plaintiff and a Public Declaration that International Law guarantees that the Plaintiff is free to traverse "International Borders" so as to Immigrate to Eretz Yisrael without interference by the Republic of Pakistan or the Hashemite Kingdom of Jordan; 3) Damages in the amount of $10,000,000.00 from Defendant Republic of Pakistan; 4) Damages in the amount of$1,000,000.00 from Defendant Twitter; and, 5) Damages in the amount of $1,000,000.00 from Defendant Biloo; 6) Any other, further or continuing relief this Court deems just and equitable. Datedthis\~yo0ec,.,,,,.}oe,,c- ,2021 @.;'"W\~ hn Mauritz Hummasti 2704 SE 136th Ave. Portland, Oregon 97236-2806 503-327-4268 ~ ~ On the IT day c.R. """her , 2021, the person known to me as John Mauritz Hummasti did personally appear before me and after oath or affirmation did swear, under the penalty of jerjury to the verity of the foregoing facts. MyCo OFFICIAL STAMP KENNY LEROY HOUSMAN NOTARY PUBLIC- OREGON COMMISSION NO. 1007528 MY COMMISSION EXPIRES JANUARY 14, 2025 Case 3:21-cv-01852-MO    Document 2    Filed 12/20/21    Page 8 of 8

https://digitalcommons.law.scu.edu/cgi/viewcontent.cgi?article=3603&amp;context=historical

Hummasti v. Republic of Pakistan

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Santa Clara University School of Law