Johnny DEPP v Amber HEARD - Does Amber's Counterclaim Have Any Merit?

hi everyone welcome back to my channel thank you so much for stopping by all right so we've had our fun addressing amber's allegations in my last video but it's time for a serious analysis of her counter claim i won't be addressing each and every claim listed in her counterclaim specifically because in her counter claim there are a lot of arguments that are repetitive so amber is basing her counter claim on three main counts and the way this video is structured is i will be separating each count and we will examine each cause of action that is being alleged to ascertain whether the evidence that she has submitted as part of her counter claim and the general evidence that we are aware of as members of the public are enough for her counter claim to be successful the first issue we will be looking into is based on a number of questions that i've received on twitter with regards to whether this counter claim will definitely proceed to trial the relevant law pertaining to counter claims can be found in section 16 of the virginia code essentially this section allows counterclaims to take place and it also stipulates that the new defendant who is the original plaintiff being johnny in this case has the right to request further details and to file a grounds of defense in order to ensure a fair trial it also states that a counter claim can be heard in tandem with the original lawsuit which was filed by johnny in this case or a separate hearing can be held to determine the counter claim however at the end of the trial the court must make a final judgment based on the entirety of the case so taking the counter claim into consideration so in counter claims the rules are reversed the plaintiff becomes the defendant and the defendant becomes the plaintiff this means that as the new defendant johnny has the right to respond to these allegations in the form of an answer and provide grounds of defense as well he may also file a dimur or an objection to amber's counterclaims in order to get them dismissed or file a motion to dismiss i don't want to speculate as to what steps johnny and his legal team will take with regards to this counter claim and i'm sure we're going to find out very soon but i will say that i don't see them just taking this and allowing it to proceed without attempting to fight it all right let's get straight into the claims relied upon in the counter claim the first one mostly has to do with relying on the anti-slap laws in virginia which i have already discussed in my last video on this topic so feel free to watch my last video if you want to hear my arguments and thoughts with regards to this allegation the second count is defamation per se and i will be explaining to you what that is very briefly because as i said in my last video i have a future video in which these terms will be looked at in great detail but we will look into this once we discuss the third count which is an alleged violation of the computer crimes act of virginia the reason i'm doing it in this order is because if you look at the counter claim the computer crimes are addressed before we get to the defamation portion in paragraph 76 amber alleges that johnny either directly or through agents launched an online smear campaign to fulfill his alleged intention to harass intimidate and defame amber so based on the computer crimes act the elements that must be proven are first and foremost intention to coerce intimidate or harass on the part of johnny and that either him or his associates or his agents used a computer to fulfill this intention in paragraph 78 amber claims that she has suffered both financial and non-financial losses as a direct result of this violation and therefore since this was claimed it must be proven as well all right now that we know what the relevant law is let's have a look at amber's evidence to find out whether this section has indeed been violated by johnny and or his agents in paragraphs 8-11 of amber's counterclaim she essentially alleges that bots or fake accounts have been set up either directly by johnny or his associates to damage amber's reputation and livelihood and some of these accounts have been said to allegedly originate from russia in paragraphs 12 to 14 she has singled out a number of accounts as bots so the question is does this evidence bear any merit i personally checked each and every account that has been named in this counter claim to verify whether they were indeed bots or authentic human beings and i can confirm that it took me under five minutes to verify that all the named accounts are authentic 100 human beings that i have personally interacted with not with each and every one of them but with a few and the three accounts that i've been unable to verify have either been deactivated or suspended and i suspect that may be a result of reporting that was made by amber's supporters or even amber herself so this first allegation has been completely rebutted with regards to the change.org petitions that she is alleging johnny organized or orchestrated she must be able to back this up by establishing an irrefutable link that can be traced from the petitions back to johnny and or his agents she has provided no such evidence whatsoever so all she has provided so far is purely based on conjecture or speculation and further to that johnny is an immense celebrity with millions of fans and supporters worldwide so it wouldn't be difficult to number one prove that these petitions were actually organized by his fans and secondly that he has well over 300 000 fans significantly over that number so it wouldn't be remotely far-fetched or impossible or difficult for these petitions to arrive at the gold number of signatures which was set to 300 000 i believe and amber is alleging that most of these signatures were made by fake bots an allegation which she has failed to prove with any concrete evidence so unless she has such evidence this claim has absolutely no merit whatsoever in paragraph 15 amber tried to insinuate that a reporter by the name of catherine armisen publishes articles against amber and has no other notable publication history outside of the international business times other than a few questionable articles about male genitalia so she's insinuating that johnny has paid this particular reporter to publish defamatory material or anti-amber heard articles does this evidence have any merit very recently in august of this year amber made a tweet directly responding to an article that was written by catherine armisen with regards to the backlash that amber faced in relation to her choice of dress when visiting places of religious significance in turkey i clicked on that article and it took me to the website on which it was published which is called mickey and i clicked on katherine armison's name which revealed to me that she has authored over 600 different articles about hundreds of different celebrities including amber and johnny therefore this allegation or insinuation that catherine is paid by johnny or is in some way a part of johnny's propaganda against amber can be irrefutably rebutted based on two seconds of internet research unless amber is claiming that another reporter by the name of catherine armison exists who doesn't have any other notable articles outside of the topic of amber heard then this claim is defeated amber also relies on a slew of text messages that johnny has sent to various people spanning as far back as 2013. in paragraph 17 she singles out a text he had sent to paul bettany in paragraph 19 a 2016 text to christian carino paragraph 21 is a 2019 text to his nurse and two more texts are relied on in paragraphs 22 to 23. i find it incredibly ironic that she has relied on these texts as proof that johnny has an agenda against her because in my opinion all that these texts demonstrate is that it was indeed johnny who has remained silent for all these years as she publicly defamed him and finally when she went too far the lid came off and he had had enough so essentially these texts only serve to prove johnny's allegations which is that after years of silently letting her get away with things he finally decided that enough is enough and the truth is going to come out these text messages in my opinion cannot be interpreted any other way in paragraphs 29-30 amber alleges that adam waldman has intimidated witnesses to coerce declarations out of them and she alleges that they've gone as far as putting up declarations that have not yet been filed with the court to mislead the public firstly in relation to paragraph 29 what she is essentially accusing mr waldman of doing is issuing subpoenas because believe it or not a subpoena is a way to force someone to provide evidence that they may have in their possession and that may be oral testimony or actual hard tangible evidence such as documentation if a witness fails to comply with a subpoena they may face jail time and or fines that is not blackmail or intimidation that is the use of a lawful process a tool that is available to lawyers in order to ensure that they have all the evidence required to give their client a fair go in fact amber herself since filing this very counter claim has issued countless subpoenas to everyone imaginable from the lapd to jennifer howell and employees of the eastern columbia building i don't even think she's done issuing them because every day that i check the list it just keeps growing so apparently it's not intimidation or blackmail of amber does it it's just a lawful process but when mr waldman resorts to subpoenas then apparently it's blackmail and intimidation all right on to what is in my opinion the most ridiculous claim in this entire counter claim the instagram allegation in paragraphs 31 to 32 amber essentially says that johnny joined instagram to continue his harassment of her she further alleges that the very first video that he posted on the 17th of april of this year addressed amber and this lawsuit i started following johnny on instagram as soon as he joined and i watched that video pretty much as soon as it was released and i rewatched it for the purposes of preparing for this video there is no mention of amber or the court case in any capacity in that video all he talks about is quarantine and the pandemic and how we can make the best of our time during this difficult period and he closed the video thanking all of his fans and supporters for their love and their continued support that is all i'm going to say with regards to this claim because i wanted to clarify what the video talked about in case someone out there did not watch it i cannot even entertain the notion of rebutting this claim of johnny joining instagram to harass amber because to argue against it would give it some kind of legitimacy or merit there is no case to answer here so after the analysis of these arguments and the evidence presented my verdict is that it would be incredibly difficult if not impossible for amber to prove that a violation of the computer crimes act has taken place defamation per se is essentially defamation that is so egregious or so bad that the plaintiff doesn't have to prove actual harm and johnny is also claiming defamation per se in his lawsuit an example of defamation per se is when you are being accused of criminal conduct and of course in order for defamation to be proven in this counter claim the element of actual malice must also be satisfied because amber is a public person i've briefly explained and discussed what actual malice is in my last video so please check that out if you haven't already all right let's examine the evidence submitted by amber in support of this claim firstly the gq magazine interview that was published in november 2018. in paragraphs 33-36 various excerpts from that interview are relied upon by amber and essentially johnny denies amber's allegations against him in this interview and he states that he would never harm anyone least of all someone he loved amber is relying on this interview to claim that johnny accused her of perjury fabricating evidence and committing assault against him which qualify as criminal conduct as per the requirements of defamation per se does this argument have any merit firstly johnny made these statements in response to her allegations against him she has been publicly stating that she is a victim of domestic violence at the hands of johnny depp ever since 2016. in this interview johnny was clearly questioned about this and he responded as is his right by defending himself and denying her allegations against him in addition to that these statements are only defamatory if they are proven to be false so even if there is enough merit to take this claim to trial then i believe that johnny has overwhelming evidence to prove that his statements were actually true and most importantly to prove the absence of actual malice i also want to question why she chose to file a counter claim with regards to this article now it was published in november of 2018 and she failed to file a lawsuit against him then and since the commencement of this lawsuit in virginia she never tried to file a counter claim up until this point she's tried to dismiss the case numerous times she's filed a demur or an objection to his arguments but never once did she claim that she was in fact the one who was defamed so to me this stands out as a last ditch effort to get the upper hand and potentially either get johnny's case thrown out or completely undermine his claim next she relies on various public statements that were made by adam waldman in paragraphs 41-47 she refers to a number of statements that he made in various publications in which mr waldman accused amber of orchestrating a hoax against johnny she also relies on two tweets that were made by adam and these can be found in paragraphs 48-49 first of all i'd like to very quickly and briefly explain the concept of agency in this situation because it is mr waldman who made these statements but amber is going after johnny because she is alleging that mr waldman is his agent now agency essentially means that someone is lawfully authorized to act on your behalf lawyers when taking certain action on behalf of their client and this includes making public statements are held to be agents of their client and the client is the principal and as per the laws of agency the principal will be held liable for the actions of the agent as long as the actions taken by the agent were authorized and this authorization can be implied or it can be expressly stated and as long as the conduct falls within the realm of the agent's responsibilities so if the agent went off and committed a crime on the side for example like a robbery which has nothing to do with the scope of their duties then the principal cannot possibly be held responsible for the agent's wrongdoing in this situation yes mr waldman is making his statements in his capacity as johnny's lawyer however each and every statement singled out by amber was either made in 2019 or this year 2020. therefore they were made after johnny filed his defamation lawsuit and anything that mr waldman is saying is a reiteration of johnny's position with regards to this defamation lawsuit so we all know that johnny in his official complaint is accusing amber of running a hoax adam is merely repeating that it's public knowledge we all have access to the complaint we all have access to all of these legal documents if every party to an action is responsible for what their lawyer says with regards to their position so what their argument is then can you imagine the number of defamation lawsuits that would exist that would mean amber could be sued for defamation for what her lawyers have publicly said against johnny roberta kaplan who is no longer representing amber has made multiple statements that reaffirm her client's position that she was indeed abused by johnny so in my opinion this is once again a very far reach and a desperate attempt on amber's part with regards to mr waldman's tweets i've actually received numerous questions in the past that relate to whether these tweets can potentially harm johnny's case and i suppose we have our answer here however they were made on his personal twitter an agent or not johnny doesn't have control presumably over what mr waldman decides to post on his personal social media account so i don't believe that this conduct specifically can be considered to be within the realm of his duties as johnny's agent purely because of the personal nature of his twitter account having said that if you look at the two tweets that she singled out i don't even believe they're defamatory at all all mr waldman is doing is sharing evidence and specifying where that evidence falls in the timeline and asking us as the general public to arrive at our own conclusions as to whether amber is being truthful or not yes it is being implied that he doesn't believe her but he is entitled not to believe her that's not a defamatory statement and again this pertains to a lawsuit that has already been initiated by johnny and we as the general public already know what johnny's position is so this is just an affirmation of his client's position in my opinion this defamation per se claim is entirely based on the fact that johnny had the audacity to defend himself on a public scale it is very clear throughout this counter claim and i encourage you to read it if you haven't that amber is accusing johnny of harassing her by filing this defamation claim so it is her position that this lawsuit is further proof of his harassment of her i think she needs to have a good sit down with her lawyers so that they can explain to her the laws of defamation why they exist and how they work because it seems to me that she is of the belief that defending yourself against incredibly serious allegations is a form of harassment by that logic i suppose this counter claim is a form of harassment itself by relying on a claim of defamation and publicly defending herself she is harassing johnny so as per usual with amber one set of rules applies to the rest of the world but an entirely separate custom special set of rules apply to her even if this particular defamation claim was to proceed to trial because there was enough merit to entertain it i personally believe that it would be very difficult for amber to successfully prove that johnny made these statements with actual malice and this is of course based on the fact that all of the evidence available to us as members of the public very strongly points to johnny being the victim here not amber that's all i have to say on this counter claim i hope that i did a good job of breaking it apart and addressing all the relevant aspects of it clearly i find it interesting that amber says on at least two separate parts in this counter claim that johnny is choosing to harass her rather than allow this case to be tried fairly by a jury this coming from a woman who has tried and is still trying to get this case dismissed if she truly wanted the case to proceed to trial to be tried fairly by a jury as she alleges then why are you fighting it amber if you have nothing to worry about if you are certain of your position and your evidence and your arguments why are you fighting this process so hard all right that's it for me as always do let me know what you all think in the comments below thank you so much for watching stay safe and i'll catch you in a future video [Music] bye

Channel: Lost Beyond Pluto

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Keywords: johnny depp, amber heard, johnny depp amber heard audio, johnny depp amber heard recording, johnny depp amber heard court, johnny depp amber heard case, johnny depp defamation, amber heard defamation, johnny depp amber heard defamation case, johnny depp amber heard court case, johnny depp amber heard trial, johnny depp amber heard defamation trial, lost beyond pluto, lawyer, education, amber heard defense, amber heard defence, amber heard counterclaim, amber heard counter claim

Id: -90kLpnPrE0

Length: 21min 58sec (1318 seconds)

Published: Tue Aug 25 2020