Former US right wing senator Roy Moore is suing TV prankster Sacha Baron Cohen, as well as Showtime and CBS which air his Who Is America? show in a $93m lawsuit after a hilarious sketch which mocked the former conservative judge’s sex offence allegations.
The lawsuit says that the show “falsely painted, portrayed, mocked and with malice defamed Judge Moore as a sex offender, which he is not.”
Several women came forward to allege sexual harassment when he was in his 30s and they were teenagers during his campaign for the Alabama senate.
Roy Moore lost the Alabama Senate race after Donald Trump endorsed him, Doug Jones becoming Alabama’s first Democratic senator in a quarter century.
Who Is America? Has been causing headlines in the US, where conservatives have been denouncing the prankster on news channels after he made many look stupid including Dick Cheney who blithely signs a waterboard in one scene.
Sacha Baron Cohen has been sued before by people who have come a cropper of his unique comedy, but they rarely win as they normally have ignored the fine print on waivers that they sign.
In 2012 a Palestinian grocer did win an undisclosed pay out for his portrayal in the film Bruno where he said he had falsely been dubbed a terrorist. Crucially he had not signed a release.
Unfortunately for Roy Moore, it appears that he did. His account of the sting by Sacha Baron Cohen which – for now – you can watch here appears in the lawsuit published in full below.
IN THE UNITED STATES DISTRICT COURT
DISTRICT OF COLUMBIA
ROY STEWART MOORE, an individual
c/o The Foundation for Moral Law
P.O. Box 4086
Montgomery, AL, 36103
And
KAYLA MOORE, an individual
c/o The Foundation for Moral Law
P.O. Box 4086
Montgomery, AL, 36103
Plaintiffs,
v.
SACHA NOAM BARON COHEN, an
individual
c/o CAA
2000 Avenue of the Stars
Los Angeles, CA, 90067
And
SHOWTIME NETWORKS, INC.,
1633 Broadway
New York, NY, 10019
And
CBS CORPORATION
51 W. 52nd Street
New York, NY, 10019
Defendants.
Case No.:
COMPLAINT FOR DEFAMATION,
INTENTIONAL INFLICTION OF
EMOTIONAL DISTRESS AND FRAUD
- INTRODUCTION
Plaintiffs Roy Stewart Moore, former Chief Justice of the Supreme Court of Alabama
(“Judge Moore”) and his wife Kayla Moore (“Mrs. Moore”) bring this instant action against
Sacha Noam Baron Cohen (“Defendant Cohen”), Showtime Networks, Inc. (“Showtime”) and
CBS Corporation (“CBS”) for Defamation, Intentional Infliction of Emotional Distress and
Fraud.
- JURISDICTION AND VENUE
- This Court has diversity jurisdiction over this case pursuant to 28 U.S.C. § 1332,
as the parties are completely diverse in citizenship and the amount in controversy exceeds
$75,000.
- Venue is proper pursuant to 28 U.S.C. § 1391(b)(2) in that a substantial part of the
events or omissions giving rise to the claim occurred in this judicial district.
III. PARTIES
- Judge Moore is an individual, natural person who is a citizen of the state of
Alabama, and the husband of Mrs. Moore.
- Mrs. Moore is an individual, natural person who is a citizen of the state of
Alabama, and the wife of Judge Moore.
- Defendant Cohen is an individual, natural person who is a citizen of the state of
California.
- Defendant Showtime is a corporation with headquarters in New York. Showtime
is a wholly-owned subsidiary of Defendant CBS.
- Defendant CBS is a corporation with headquarters in New York.
- STANDING
- Plaintiffs have standing to bring this action because they have been directly
affected by the unlawful conduct complained herein. Their injuries are proximately related to
the conduct of Defendants and their agents.
- FACTS
- Judge Moore is the former Chief Justice of the Supreme Court of Alabama and a
prominent conservative figure who also ran for the U.S. Senate in 2017 as a Republican.
- Defendant Cohen is an actor, comedian, screenwriter, and producer who is best
known for portraying disguised fictional characters such as Ali G, Borat, and Brüno in different
shows and movies.
- Defendant Cohen and his agents including the Defendants Showtime and CBS set
up scenarios where Defendant Cohen, while in character, falsely and fraudulently induces
unsuspecting victims, such as Judge Moore to be interviewed under dishonest, unethical, illegal
and false pretenses, for his works. Defendant Cohen and his agents then set these unsuspecting
victims up for ridicule and to severely humiliate them on film to promote his works and to
generate large financial returns for himself.
- Defendant Cohen’s latest project is titled “Who is America?”
- “Who is America?” debuted on the Showtime on July 15, 2018, which is owned
and produced by Showtime and CBS.
- Judge Moore appeared on the third episode of “Who is America?” that originally
aired on July 29, 2018.
- In order to fraudulently induce Judge Moore and Mrs. Moore to travel to
Washington, D.C., where filming was to and did take place, and where the majority of acts pled
herein occurred, on or about February 14, 2018, Defendant Cohen and his agents falsely and
fraudulently represented to Plaintiff that Yerushalayim TV – which does not actually exist – was
the producer and broadcaster of the show that Judge Moore would appear on, instead of the
actual network that the show that later appeared on Showtime. In addition, Defendant Cohen and
his agents falsely and fraudulently represented that Judge Moore and Mrs. Moore were both
being invited to Washington, D.C., for Judge Moore to receive an award for his strong support of
Israel in commemoration of its 70th anniversary as a nation state. This ceremony, and
presentation of this award, Defendant Cohen falsely and fraudulently represented was to occur
during the interview.
- Had Judge Moore and Mrs. Moore known that Defendant Cohen had fraudulently
induced Judge Moore into this interview, which as a “set up” to harm and thus damage Plaintiffs
and the rest of their entire family, Judge Moore would not have agreed to appear. Plaintiffs relied
on and had reason to rely on Defendant Cohen’s and his agents’ representations including
Defendants Showtime and CBS, which he was led to believe were truthful and he had no reason
to doubt.
- Had Plaintiffs known that the promise of a bona fide award was a ruse to trick
Judge Moore into appearing on “Who is America?”, Judge Moore would not have agreed to
appear on Defendants Cohen’s, Showtime’s and CBS’s show and Mrs. Moore would not have
agreed to travel to Washington D.C. to accompany and honor her husband.
- During the segment that featured Judge Moore, Defendant Cohen – while falsely
and fraudulently disguised as the character as Erran Morad, a supposed Israeli anti-terrorism
expert and former Mossad agent – falsely painted, portrayed, mocked and with malice defamed
Judge Moore as a sex offender, which he is not. Mrs. Moore was forced to endure the effects of
this interview.
- Thus, during the taping of the segment, Defendant Cohen was in disguise as Erran
Morad, falsely and fraudulently portraying himself as someone else.
- Had Judge Moore and Mrs. Moore known that “Erran Morad” was Defendant
Cohen, Judge Moore would have never agreed to be interviewed and, at a minimum, terminated
the interview immediately, and Plaintiffs would not have agreed to travel to Washington D.C.
- Defendant Cohen’s character falsely and fraudulently introduced a false and
fraudulent “device” supposedly invented by the Israeli Army to detect pedophiles. During the
segment, Defendant Cohen’s “device” – as part of the false and fraudulent routine – purports to
detect Judge Moore as a sex offender, thus defaming him.
- This false and fraudulent portrayal and mocking of Judge Moore as a sex
offender, on national and international television, which was widely broadcast in this district on
national television and worldwide, has severely harmed Judge Moore’s reputation and caused
him, Mrs. Moore, and his entire family severe emotional distress, as well as caused and will
cause Plaintiffs financial damage.
- After the taping of Judge Moore’s segment, when Plaintiffs discovered that they
had been fraudulently induced to fly to Washington, D.C. and that Judge Moore’s segment was
to appear on Showtime and CBS, his Alabama counsel, Melissa Isaak, Esq. sent a preemptive
notice to Defendants Showtime, CBS and thus Cohen warning them that Plaintiffs would resort
to appropriate legal remedies if they chose to air the segment.
- In the preemptive notice, Defendants CBS, Showtime and thus Cohen were
informed that the release that Judge Moore had signed was obtained through fraud, and was
therefore void and inoperative.
- CBS and Showtime failed to take remedial action for Defendant Cohen’s actions,
and therefore at a minimum adopted his actions and are jointly and severally liable.
FIRST CAUSE OF ACTION
Defamation Per Se
Plaintiff Roy S. Moore
- Plaintiffs repeat and re-alleges all of the previous allegations of the entirety of this
Complaint, including, but not limited to with the same force and effect, as if fully set forth herein
again at length.
- Defendant Cohen and his agents including Defendants Showtime and CBS made
false and defamatory statements concerning Judge Moore by calling, representing and publishing
within this district, the nation and the world, with malice, that Judge Moore a pedophile and a
sex offender on “Who is America?”
- These statements are defamatory per se because they falsely accuse Judge Moore
of committing a serious crime, which amounts to a crime of moral turpitude. As defamation per
se, damage to Judge Moore is presumed as a matter of law.
- Defendants acted in concert and are therefore jointly and severely liable. The
statements were made by Defendant Cohen and his agents including Showtime and CBS and
then published and/or broadcast in this district, nationwide and throughout the world by
Showtime and CBS.
- Defendants acted with actual malice insofar as they knew that the statements
made against Judge Moore were false and/or recklessly disregarded their falsity.
- Defendants’ statements and the publishing/broadcasting thereof were made
without any privilege.
- As a direct and proximate result of Defendants and their agents’ extreme,
outrageous and malicious defamatory conduct set forth above, Judge Moore has been the subject
of widespread ridicule and humiliation and has suffered severe loss of reputation, which has in
turn also caused him, Mrs. Moore, and his entire family severe emotional distress and pain and
financial damage, especially given his status as a prominent conservative and a God fearing
person of faith.
SECOND CAUSE OF ACTION
Intentional Infliction of Emotional Distress
- Plaintiffs repeat and re-alleges all of the previous allegations of the entirety of this
Complaint, including, but not limited to with the same force and effect, as if fully set forth herein
again at length.
- Defendant Cohen’s and his agents’ conduct including Showtime and CBS was
extreme and outrageous in that they falsely and without any substantiated factual basis, portrayed
Judge Moore as a pedophile and a sex offender in this district, on national television and
worldwide.
- Defendant Cohen’s and his agents’ including Defendants Showtime’s and CBS’s
conduct was clearly willful and intentional.
- CBS and Showtime’s conduct was extreme and outrageous in that it broadcasted
the Judge Moore segment, where he was falsely portrayed as a pedophile and sex offender, in
this district, on national television and worldwide for tens if not hundreds of millions to see and
hear, despite the fact that Judge Moore’s Alabama counsel had sent them a preemptive notice.
- As a result of Defendants and their agents’ extreme and outrageous conduct,
Plaintiffs have suffered extreme emotional distress as a result of Judge Moore being falsely
portrayed, mocked and defamed as a sex offender and pedophile in this district, on national
television and worldwide.
- As a direct and proximate result of Defendants and their agents’ extreme and
outrageous conduct set forth above, Judge Moore has been the subject of widespread ridicule and
has suffered severe loss of reputation, which has in turn also caused him, Mrs. Moore, and his
entire family severe emotional distress and financial damage, especially given his status as a
prominent conservative and a God fearing person of faith.
THIRD CAUSE OF ACTION
Fraud
- Plaintiffs repeat and re-allege all of the previous allegations of the entirety of this
Complaint, including with the same force and effect, as if fully set forth herein again at length.
- Defendant Cohen and his agents including Defendants Showtime and CBS
knowingly made false material representations that the show segment that Judge Moore was to
appear on was being produced by Yerushalayim TV, when in fact, it was being produced by
Showtime and CBS as part of their latest project “Who is America?”
- Defendant Cohen and his agents including Defendants Showtime and CBS made
false material representations that Judge Moore and Mrs. Moore were being flown to
Washington D.C. to receive an award for his support of Israel and to commemorate the 70th
anniversary of its founding as a Jewish nation state.
- Defendant Cohen and his agents including Defendants Showtime and CBS
knowingly made this false material representation to fraudulently induce Judge Moore to appear
on the program, with Mrs. Moore present, where Defendant Cohen and Defendants Showtime
and CBS would falsely portray, mock and defame Judge Moore as a pedophile and a sex
offender, which if true, which it was not, is a crime of moral turpitude.
- Plaintiffs justifiably relied on Defendant Cohen’s and the other Defendants false
representations and, as a direct and proximate result of these false representations, agreed to
appear and be present on and at Defendant Cohen’s and Showtime’s and CBS’s show.
- Defendant Cohen, while in disguise, further made false and fraudulent
representations that he was “Erran Morad” in order to trick Judge Moore into speaking with and
to be interviewed by him.
- Had Plaintiffs known that “Erran Morad” was Defendant Cohen, Judge Moore
would never have agreed to the interview and for Mrs. Moore to be present and, at a minimum,
have terminated the interview immediately.
- Defendants CBS, Showtime and Cohen failed to take remedial action for
Defendant Cohen’s actions despite being on notice and therefore Defendants Showtime and CBS
at a minimum adopted Defendant Cohen’s actions, and all of them are jointly and severally liable
as joint tortfeasors.
- As a direct and proximate result of Defendant Cohen’s and his agents’ including
Defendants Showtime’s and CBS’s false and fraudulent representations, Judge Moore, Mrs.
Moore, and his entire family have suffered extreme emotional distress as a result of Judge Moore
being falsely portrayed as a sex offender and pedophile in this district, on national television and
worldwide.
- As a direct and proximate result of Defendant Cohen’s and his agents’ including
Defendants Showtime’s and CBS’s fraudulent representations, Plaintiffs been the subject of
widespread ridicule and Plaintiffs’ entire family, including Mrs. Moore, have suffered loss of
reputation, financial loss, and loss of time spent going to and being in Washington D.C.
PRAYER FOR RELIEF
WHEREFORE, Plaintiffs pray for relief and judgment against Defendants Cohen,
Showtime and CBS as follows, all of whom acted in concert as joint tortfeasors: actual, compensatory, and punitive damages in excess of $95,000,000 USD, as well as attorneys’ fees
and costs, and any other relief that this Court may deem just and proper.
DEMAND FOR JURY TRIAL
Plaintiff demands a trial by jury on all counts, as to all issues so triable.
DATED: September 6, 2018 Respectfully submitted,
/s/ Larry Klayman
Larry Klayman, Esq.
KLAYMAN LAW GROUP, PA