The Lawsuits Thread
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Re: The Lawsuits Thread
He's not allowed to prove his innocence, but they're allowed to mindlessly repeat false allegations as facts. Media is so evil.
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Re: The Lawsuits Thread
Yes, and a bit naive too, in my opinion ... I haven't read any article questioning why both Amber and his former financial managers and lawyer want or wanted to use said media to smear Johnny before any court meeting could take place. Nobody seems to be asking "Do they sully his reputation so thoroughly through us because they know full well, that their evidence doesn't hold up in front of a judge and a jury, and that he is in fact innocence and they're guilty?"
I have a question though to the Americans here: how can first the financial managers and then the lawyer at all have gotten a hold on Johnny's medical records - let alone other peoples?
I admit, that as a European all I know about American law is gleaned from TV and movies. But I thought, that medical journals/records were highly confidential and privileged information only the doctor and patient could have access to, and that even law enforcement can only get their hands on them with a court order in hand signed by a judge.
So how have private companies got them in your opinion?
Or have I misunderstood or believed too much in fictional accounts ?
I have a question though to the Americans here: how can first the financial managers and then the lawyer at all have gotten a hold on Johnny's medical records - let alone other peoples?
I admit, that as a European all I know about American law is gleaned from TV and movies. But I thought, that medical journals/records were highly confidential and privileged information only the doctor and patient could have access to, and that even law enforcement can only get their hands on them with a court order in hand signed by a judge.
So how have private companies got them in your opinion?
Or have I misunderstood or believed too much in fictional accounts ?
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Re: The Lawsuits Thread
Sun fails in bid to halt Johnny Depp libel action over 'wife-beater' claim
By PA Mediapoint
Actor Johnny Depp has fought off a High Court bid to temporarily halt his libel action against The Sun over allegations that he beat his former wife Amber Heard.
A judge sitting in London on Wednesday rejected the newspaper’s application that his claim should be “stayed unless and until” the star confirmed in writing that he would not sue Heard if she participated in a forthcoming trial.
Mr Justice Nicklin ruled that such an order was not “necessary” at this stage of the case.
He said the defendants, Sun publisher News Group Newspapers and journalist Dan Wootton, contended that Heard was a “crucial” witness for their defence – which is that the allegations are true.
The Pirates Of The Caribbean star’s libel claim arises out of publication of an article in the Sun last April under the headline “GONE POTTY How can JK Rowling be ‘genuinely happy’ casting wife-beater Johnny Depp in the new Fantastic Beasts film?”
Mr Justice Nicklin said the article “concerned alleged incidents of domestic violence by Mr Depp against Ms Heard during their marriage”.
Depp’s case, he said, is that the article bears the meaning that he was “guilty, on overwhelming evidence, of serious domestic violence against his then wife, causing significant injury and leading to her fearing for her life, for which the claimant was constrained to pay no less than £5m to compensate her, and which resulted in him being subjected to a continuing court restraining order – and for that reason is not fit to work in the film industry”.
Heard considered she was subject to “confidentiality restrictions” in an August 2016 divorce agreement “which prevent her from assisting the defendants with evidence to support their case”.
But, the judge announced: “I am not satisfied on the current evidence that Ms Heard’s concerns about the restrictions that the divorce agreement imposes on her are well-founded.”
He that even if they were, “the matter is capable of resolution”.
Mr Justice Nicklin said Depp had stated clearly in his evidence to the court that he expects Heard “may well” give evidence in the proceedings, and “he will not attempt to prevent that”.
He added: “The fact that Ms Heard presently thinks that there is some impediment to her giving evidence for the defendants is nothing to do with Mr Depp.
“Even if she were right, there would appear to be a number of ways of resolving the issue that have not yet been explored adequately or at all.”
James Price QC, for Depp, told the judge during the hearing of the application that the actor had “no fear” of Heard giving evidence at the High Court.
Depp, who denies beating Heard, would provide a “raft” of evidence from independent witnesses who “fundamentally contradict the evidence given by Ms Heard”, said Price.
He said the actor “wants to stop false and defamatory publications”.
Adam Wolanski, for the defendants, told the judge they had “pleaded a defence of truth”, and said Depp alleges that it was Heard, not him, who was the “aggressor”.
The judge said: “Whether the allegations of domestic violence are ultimately proved true is a matter for trial. At this stage, the court is not in a position to, and does not, make any findings at all.”
No date has been set for a trial.
By PA Mediapoint
Actor Johnny Depp has fought off a High Court bid to temporarily halt his libel action against The Sun over allegations that he beat his former wife Amber Heard.
A judge sitting in London on Wednesday rejected the newspaper’s application that his claim should be “stayed unless and until” the star confirmed in writing that he would not sue Heard if she participated in a forthcoming trial.
Mr Justice Nicklin ruled that such an order was not “necessary” at this stage of the case.
He said the defendants, Sun publisher News Group Newspapers and journalist Dan Wootton, contended that Heard was a “crucial” witness for their defence – which is that the allegations are true.
The Pirates Of The Caribbean star’s libel claim arises out of publication of an article in the Sun last April under the headline “GONE POTTY How can JK Rowling be ‘genuinely happy’ casting wife-beater Johnny Depp in the new Fantastic Beasts film?”
Mr Justice Nicklin said the article “concerned alleged incidents of domestic violence by Mr Depp against Ms Heard during their marriage”.
Depp’s case, he said, is that the article bears the meaning that he was “guilty, on overwhelming evidence, of serious domestic violence against his then wife, causing significant injury and leading to her fearing for her life, for which the claimant was constrained to pay no less than £5m to compensate her, and which resulted in him being subjected to a continuing court restraining order – and for that reason is not fit to work in the film industry”.
Heard considered she was subject to “confidentiality restrictions” in an August 2016 divorce agreement “which prevent her from assisting the defendants with evidence to support their case”.
But, the judge announced: “I am not satisfied on the current evidence that Ms Heard’s concerns about the restrictions that the divorce agreement imposes on her are well-founded.”
He that even if they were, “the matter is capable of resolution”.
Mr Justice Nicklin said Depp had stated clearly in his evidence to the court that he expects Heard “may well” give evidence in the proceedings, and “he will not attempt to prevent that”.
He added: “The fact that Ms Heard presently thinks that there is some impediment to her giving evidence for the defendants is nothing to do with Mr Depp.
“Even if she were right, there would appear to be a number of ways of resolving the issue that have not yet been explored adequately or at all.”
James Price QC, for Depp, told the judge during the hearing of the application that the actor had “no fear” of Heard giving evidence at the High Court.
Depp, who denies beating Heard, would provide a “raft” of evidence from independent witnesses who “fundamentally contradict the evidence given by Ms Heard”, said Price.
He said the actor “wants to stop false and defamatory publications”.
Adam Wolanski, for the defendants, told the judge they had “pleaded a defence of truth”, and said Depp alleges that it was Heard, not him, who was the “aggressor”.
The judge said: “Whether the allegations of domestic violence are ultimately proved true is a matter for trial. At this stage, the court is not in a position to, and does not, make any findings at all.”
No date has been set for a trial.
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Re: The Lawsuits Thread
There were court papers released a few months ago, I will try and find the link, but The Sun's lawyers kept contacting Johnny's lawyers asking to release her from the NDA. After no response, the Sun's lawyers said she can't testify because of the NDA provisions. The papers say that he will not release her from the NDA and if she wants that done she will have to apply to the California courts to do that and if she gets the release then he will not oppose her to testify. Even if that does happen, his lawyers are going to bury her anyway. They have a whole lot more evidence and witnesses than she does.
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Re: The Lawsuits Thread
Forever Young - I read through the court papers and Johnny team had clearly given consent for her to appeal, if she has any concerns she needs only make a simple court application. The only contention has been that AH has asked for a complete release from the NDA - and we all know what she would do with that! JD's team have said that like Johnny - she is at liberty to speak freely for these court purposes.
JD's legal team ignored AH's first request for release because in law - it is not in their gift to release her. If she wants to follow strict procedures she just needs to get permission of the court to testify in this particular case. It is neither difficult nor expensive to do.
All JD's team did was (1) educate AH's legal team on the what the law says and how she can proceed (2) give a reassurance that they have no problem whatsoever with her testifying.
I hope that the fact that the Sun cannot delay further means that the actual case - rather than the pre-trial procedures - come soon.
The Sun's position is really interesting. They surely know by now that she doesn't want to appear. I hate to think he has to go through a hearing but equally if they settle we won't see the evidence and I really want to see those emails, and pictures etc.
JD's legal team ignored AH's first request for release because in law - it is not in their gift to release her. If she wants to follow strict procedures she just needs to get permission of the court to testify in this particular case. It is neither difficult nor expensive to do.
All JD's team did was (1) educate AH's legal team on the what the law says and how she can proceed (2) give a reassurance that they have no problem whatsoever with her testifying.
I hope that the fact that the Sun cannot delay further means that the actual case - rather than the pre-trial procedures - come soon.
The Sun's position is really interesting. They surely know by now that she doesn't want to appear. I hate to think he has to go through a hearing but equally if they settle we won't see the evidence and I really want to see those emails, and pictures etc.
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Re: The Lawsuits Thread
Johnny Depp Files $50 Million Defamation Lawsuit Against Amber Heard, Calls Her Abuse Claims an ‘Elaborate Hoax’
March 1, 2019 at 11:46 am PST By Daniel Goldblatt, Mike Walters
Johnny Depp has filed a defamation lawsuit against his ex-wife, Amber Heard, alleging her domestic abuse claims were “an elaborate hoax” and he is going after her for a whopping $50 million.
According to court documents obtained by The Blast, Depp is taking issue with an article Heard wrote for the Washington Post in December 2018. The lawsuit states, “Ms. Heard purported to write from the perspective of ‘a public figure representing domestic abuse’ and claimed that she ‘felt the full force of our culture’s wrath for women who speak out’ when she ‘spoke up against sexual violence.'”
Depp’s attorney acknowledges that she never mentions Depp by name, but says the entire article “depends on the central premise that Ms. Heard was a domestic abuse victim and that Mr. Depp perpetrated domestic violence against her.”
In the suit, Depp calls the “false allegations” against him “an elaborate hoax to generate positive publicity” for her and “advance her career.” The lawsuit strongly states that she is the one attacked him, claiming, “Ms. Heard is not a victim of domestic abuse; she is a perpetrator.”
He claims that Heard’s abuse claims were “conclusively refuted by two separate responding police officers, a litany of neutral third-party witnesses, and 87 newly obtained surveillance camera videos.”
A very publicized incident between the couple occurred on May 21, 2016, when Heard claimed Depp attacked her. Depp claims a neighbor gave a declaration saying “he repeatedly interacted with Ms. Heard, at close range, without makeup, and utterly unmarked and uninjured in the days between May 22 and May 27, 2016.”
The lawsuit also claims that two police officers “testified under oath that they closely observed Ms. Heard’s face in good light on May 21, 2016 and saw no signs of any injury.”
The lawsuit claims that an employee of the building reviewed building surveillance video three days after the alleged incident. Depp claims the employee “testified under oath that she saw Whitney Heard pretend to punch her sister in the face. Then Ms. Heard, Ms. Pennington [Heard’s best friend], and Whitney Heard all laughed.”
Heard was granted a temporary restraining order against Depp because of the incident after she claimed to “live in fear that Johnny will return to the residence unannounced to terrorize me, physically and emotionally.”
Depp also details an incident one month into their marriage where he claims she threw a glass vodka bottle at him, which shattered when he made contact with his hand. He claims his finger had to be surgically reattached and claims Heard “disseminated false accounts of this incident, casting Mr. Depp as the perpetrator of his own injury.”
He claims the op-ed caused damage to his career, claiming that four days after the op-ed was published, he was dropped from “Pirates of the Caribbean.”
Johnny Depp’s attorney sums up everything by saying, “Ms. Heard also knew that her elaborate hoax worked: as a result of her false allegations against Mr. Depp, Ms. Heard became a darling of the #MeToo movement, was the first actress named a Human Rights Champion of the United Nations Human Rights Office, was appointed ambassador on women’s rights at the American Civil Liberties Union, and was hired by L’Oreal Paris as its global spokesperson.”
Depp is suing for defamation and asking for damages in excess of $50,000,000.
Amber Heard and Johnny Depp finalized their divorce in January 2017. She filed for divorce in May 2016 after just 15 months of marriage.
The couple married in a small ceremony at his home in Los Angeles and had another ceremony a few days later on Depp’s private island in the Bahamas. They met on the set of the 2011 movie, “Rum Punch.”
The couple’s split was very acrimonious with Heard accusing Depp of domestic abuse. When the couple settled their divorce, with Heard receiving a $7 million payout from Depp, she turned around and donated a portion of the money to charities focused on helping to stop violence against women and the Children’s Hospital Los Angeles.
In an interview last year with British GQ, Johnny Depp denied he ever abused Heard, saying, “The thing that hurt me is being presented as something that you’re really as far away from as you could possibly get, you know?”
March 1, 2019 at 11:46 am PST By Daniel Goldblatt, Mike Walters
Johnny Depp has filed a defamation lawsuit against his ex-wife, Amber Heard, alleging her domestic abuse claims were “an elaborate hoax” and he is going after her for a whopping $50 million.
According to court documents obtained by The Blast, Depp is taking issue with an article Heard wrote for the Washington Post in December 2018. The lawsuit states, “Ms. Heard purported to write from the perspective of ‘a public figure representing domestic abuse’ and claimed that she ‘felt the full force of our culture’s wrath for women who speak out’ when she ‘spoke up against sexual violence.'”
Depp’s attorney acknowledges that she never mentions Depp by name, but says the entire article “depends on the central premise that Ms. Heard was a domestic abuse victim and that Mr. Depp perpetrated domestic violence against her.”
In the suit, Depp calls the “false allegations” against him “an elaborate hoax to generate positive publicity” for her and “advance her career.” The lawsuit strongly states that she is the one attacked him, claiming, “Ms. Heard is not a victim of domestic abuse; she is a perpetrator.”
He claims that Heard’s abuse claims were “conclusively refuted by two separate responding police officers, a litany of neutral third-party witnesses, and 87 newly obtained surveillance camera videos.”
A very publicized incident between the couple occurred on May 21, 2016, when Heard claimed Depp attacked her. Depp claims a neighbor gave a declaration saying “he repeatedly interacted with Ms. Heard, at close range, without makeup, and utterly unmarked and uninjured in the days between May 22 and May 27, 2016.”
The lawsuit also claims that two police officers “testified under oath that they closely observed Ms. Heard’s face in good light on May 21, 2016 and saw no signs of any injury.”
The lawsuit claims that an employee of the building reviewed building surveillance video three days after the alleged incident. Depp claims the employee “testified under oath that she saw Whitney Heard pretend to punch her sister in the face. Then Ms. Heard, Ms. Pennington [Heard’s best friend], and Whitney Heard all laughed.”
Heard was granted a temporary restraining order against Depp because of the incident after she claimed to “live in fear that Johnny will return to the residence unannounced to terrorize me, physically and emotionally.”
Depp also details an incident one month into their marriage where he claims she threw a glass vodka bottle at him, which shattered when he made contact with his hand. He claims his finger had to be surgically reattached and claims Heard “disseminated false accounts of this incident, casting Mr. Depp as the perpetrator of his own injury.”
He claims the op-ed caused damage to his career, claiming that four days after the op-ed was published, he was dropped from “Pirates of the Caribbean.”
Johnny Depp’s attorney sums up everything by saying, “Ms. Heard also knew that her elaborate hoax worked: as a result of her false allegations against Mr. Depp, Ms. Heard became a darling of the #MeToo movement, was the first actress named a Human Rights Champion of the United Nations Human Rights Office, was appointed ambassador on women’s rights at the American Civil Liberties Union, and was hired by L’Oreal Paris as its global spokesperson.”
Depp is suing for defamation and asking for damages in excess of $50,000,000.
Amber Heard and Johnny Depp finalized their divorce in January 2017. She filed for divorce in May 2016 after just 15 months of marriage.
The couple married in a small ceremony at his home in Los Angeles and had another ceremony a few days later on Depp’s private island in the Bahamas. They met on the set of the 2011 movie, “Rum Punch.”
The couple’s split was very acrimonious with Heard accusing Depp of domestic abuse. When the couple settled their divorce, with Heard receiving a $7 million payout from Depp, she turned around and donated a portion of the money to charities focused on helping to stop violence against women and the Children’s Hospital Los Angeles.
In an interview last year with British GQ, Johnny Depp denied he ever abused Heard, saying, “The thing that hurt me is being presented as something that you’re really as far away from as you could possibly get, you know?”
Never forget. Never forgive.
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Re: The Lawsuits Thread
They met during the filming of "Rum Punch"?
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Re: The Lawsuits Thread
nebraska wrote:They met during the filming of "Rum Punch"?
Freudian slip, perhaps?
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Re: The Lawsuits Thread
Do you all think this is right - it's not that he's suing the Sun for 50 million? The reporting says that he cites the Washington Post article - just the way it's all written seems a bit odd to me.
Gosh some of the details - his shattered finger - is that the Australia incident? And he was blamed for delaying filming for drunken behaviour. Elon Musk a month after they were married. Awful, awful, awful.
Gosh some of the details - his shattered finger - is that the Australia incident? And he was blamed for delaying filming for drunken behaviour. Elon Musk a month after they were married. Awful, awful, awful.
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Re: The Lawsuits Thread
I am glad Johnny is fighting back. He has been put through the ringer these past two years. I can't wait for the truth to come out (in court) about AH. She has tried to paint her self as the poster girl for domestic abuse victims when she is a total fraud. Her lies do a terrible disservice to actual domestic abuse victims. She has a day of reckoning coming for her and her pathetic career. Hopefully, when all this is over, nobody in Hollywood will even consider her for another movie role.
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Re: The Lawsuits Thread
Correct that Johnny's team said they will not oppose and they are not blocking the defendant's evidence. However, there is that big "elephant in the room" which prevents her from presenting evidence or testifying. It is not simple procedure to ask a judge to lift the NDA, especially when she had a temporary restraining order and then withdrew it. It is costly and she does not want to pay the fees. She legally cannot present evidence or testify without an order vacating the NDA and Johnny said he does not want to revisit the agreement.Ade wrote:Forever Young - I read through the court papers and Johnny team had clearly given consent for her to appeal, if she has any concerns she needs only make a simple court application. The only contention has been that AH has asked for a complete release from the NDA - and we all know what she would do with that! JD's team have said that like Johnny - she is at liberty to speak freely for these court purposes.
JD's legal team ignored AH's first request for release because in law - it is not in their gift to release her. If she wants to follow strict procedures she just needs to get permission of the court to testify in this particular case. It is neither difficult nor expensive to do.
All JD's team did was (1) educate AH's legal team on the what the law says and how she can proceed (2) give a reassurance that they have no problem whatsoever with her testifying.
I hope that the fact that the Sun cannot delay further means that the actual case - rather than the pre-trial procedures - come soon.
The Sun's position is really interesting. They surely know by now that she doesn't want to appear. I hate to think he has to go through a hearing but equally if they settle we won't see the evidence and I really want to see those emails, and pictures etc.
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Re: The Lawsuits Thread
Yep, it must have been the Australia incident because Doug Stanhope said Johnny showed him the pics when him and Bingo visited Johnny there and the whole tip of his finger was chopped off and it was really gory. And you're right about the rest being awful.Ade wrote:Do you all think this is right - it's not that he's suing the Sun for 50 million? The reporting says that he cites the Washington Post article - just the way it's all written seems a bit odd to me.
Gosh some of the details - his shattered finger - is that the Australia incident? And he was blamed for delaying filming for drunken behaviour. Elon Musk a month after they were married. Awful, awful, awful.
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Re: The Lawsuits Thread
I believe Johnny's been waiting for "the opportune moment" to sink The Sun/author Wooten and the Sea Hag! I hope he wins big!
Going way back to Sweeney Todd's initial post today about the Sun, I found this online about Johnny's attorney James Price QC (for non-Brits like me, apparently QC means Queens Counsel = senior lawyers of outstanding ability):
"James Price QC is noted for his depth of knowledge in the defamation area. He has been involved in a wide array of cases over the years, including Reynolds v Times Newspapers and Max Mosley v News Group Newspapers. Instructing solicitors said of him: 'He’s seen it all over the years. He’s just a very articulate, straightforward advocate who is a wonderfully rational thinker.'
James Price QC is 'particularly adept in cases requiring creative and lateral thinking.' A first-rate choice for jury trials, thanks to 'the style and panache that he brings.'..
Price is ‘composed and cool under pressure, and doesn’t fail to deliver‘; he is ‘a genuine powerhouse, entirely without pretension, or histrionics.‘"
Going way back to Sweeney Todd's initial post today about the Sun, I found this online about Johnny's attorney James Price QC (for non-Brits like me, apparently QC means Queens Counsel = senior lawyers of outstanding ability):
"James Price QC is noted for his depth of knowledge in the defamation area. He has been involved in a wide array of cases over the years, including Reynolds v Times Newspapers and Max Mosley v News Group Newspapers. Instructing solicitors said of him: 'He’s seen it all over the years. He’s just a very articulate, straightforward advocate who is a wonderfully rational thinker.'
James Price QC is 'particularly adept in cases requiring creative and lateral thinking.' A first-rate choice for jury trials, thanks to 'the style and panache that he brings.'..
Price is ‘composed and cool under pressure, and doesn’t fail to deliver‘; he is ‘a genuine powerhouse, entirely without pretension, or histrionics.‘"
Last edited by Ruby Begonia on Sat Mar 02, 2019 12:26 am, edited 1 time in total.
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Re: The Lawsuits Thread
First, thanks Sweeney Todd for posting The Press Gazette and The Blast articles today. I am, however, very confused; perhaps we’re spinning in the same circles, Ade.Ade wrote:Do you all think this is right - it's not that he's suing the Sun for 50 million? The reporting says that he cites the Washington Post article - just the way it's all written seems a bit odd to me.
Gosh some of the details - his shattered finger - is that the Australia incident? And he was blamed for delaying filming for drunken behaviour. Elon Musk a month after they were married. Awful, awful, awful.
The Press Gazette (1st article) is consistent with what we’ve been told so far: Johnny has initiated libel action against The Sun for calling him in unqualified terms a “wife beater”, both on line and in hard copy print. The online version was modified but too late to undo the damage of the initial viral impact.
The Blast (2nd article), whether in truth, ignorance, or in choosing to deliberately be misleading, suggests Johnny has filed a $50 million defamation suit against AH, herself! Given how fast and loose she’s played with the terms of the divorce-generated NDA, both verbally (slander) and in writing (libel), this would seem to be a long-festering, defamation slam-dunk. I do not believe The Sun is even referenced in this article.
Also, I thought AH was not even in Australia when JD hurt his finger - was that whole original story another AH elaborate lie? Should be easy to prove. What hell Johnny has been through! Fifty million bucks and exoneration beyond the shadow of a doubt doesn’t even come close to alleviating the unrelenting pain of the last three years. Fifty million of HER dollars, and a prison term might help . . .
Ruby Begonia, thanks for the QC explanation!
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"I don't like it in here . . . it's terribly crowded." ~ Hatter
"There's something about Johnny that breaks your heart." ~ John Logan, ST
"Tear deeper, Mother." ~ Wilmot
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Re: The Lawsuits Thread
They've now corrected it to Rum Diary. What I like about this Blast article is that it's the only article I've ever seen that states she donated a portion - not all $7 mil - to charities. I've never seen any evidence that she donated anything close to $7 mil. Obviously, she gave some to the the ACLU (not a charity, btw) since they're supporting her. I believe the narrative that she invests/annuitizes in a way that she actually never loses a dime of the $7 mil despite the donations, which I would bet total $1 mil max.SnoopyDances wrote:nebraska wrote:They met during the filming of "Rum Punch"?
Freudian slip, perhaps?