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Thursday, May 9, 2024

9th Circuit cancels Jan 6 plaintiff's oral arguments against the FBI

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Smassaquoi

Massaquoi | Twitter

Although the Ninth Circuit Court of Appeals reversed the trial court’s dismissal of Siaka Massaquoi’s Fourth Amendment claim, arguments scheduled for his First and Fifth Amendment claims on Aug. 18 were abruptly canceled.

“The federal government violated my first amendment rights when the FBI barged into my house and now the court is continuing to do the exact same thing by canceling my chance to raise my grievance in person,” Massaquoi said.

The Hollywood actor and Los Angeles GOP vice president blames Pres. Donald Trump’s indictment over the Jan. 6 election protest on Capitol Hill.

“I can't see any other reason,” he said. “For almost two months, oral arguments have been scheduled and to get that email a week before saying it’s cancelled, what else could it be? What other big move out there is there?”

Massaquoi attended the D.C. rally in support of former President Trump on Jan. 6, 2021 and subsequently sued the FBI after agents raided his North Hollywood home on June 10, 2021, at 5:45 a.m. He was allegedly handcuffed, interrogated, and intimidated by FBI agents.

"The court is of the unanimous opinion that the facts and legal arguments are adequately presented in the briefs and record, and the decisional process would not be significantly aided by oral argument," the July 28 order states. "Therefore, this case is ordered submitted on the briefs and record without oral argument on August 18, 2023, in Pasadena, California."

As previously reported in the Southern California Record, the FBI seized his $3,000 laptop, $500 cellphone, Make America Great Again (MAGA) baseball hats, personal 12 step recovery journals and has yet to return them.

“I filed in small claims court to get my stuff back,” Massaquoi told Legal Newsline. “The judge at the time said she can't rule on anything because the case on you is still open. Now, mind you, I've never been charged and I wasn't arrested.”

When U.S. District Court for the Central District Judge Stephen V. Wilson dismissed Massaquoi's federal claim, Massaquoi appealed last year.

The Ninth Circuit Court of Appeal Judges Mary Margaret McKeown, Kim McLane Wardlaw, and William Fletcher denied the FBI’s motion to dismiss Massaquoi’s Fourth Amendment claim. 

The national office of the FBI declined to comment on the case. Massaquoi is represented by Freedom Watch's Larry Klayman.

"I believe if they get this case dismissed, they're going to come back around and try to charge me with something to lock me up," Massaquoi added. "I watched them do that to other people." 

The case is Siaka Massaquoi v. FBI, et al.

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