Judge Tosses Sultana Lawsuit Over Campaign Signs Calling Her "CRAZY CHAOTIC CRIMINAL"

Sultana Libel Ruling by BernieOHare

In a 23-page Opinion filed yesterday, Northampton County President Judge Craig Dally has tossed a defamation lawsuit brought by Taiba Sultana against PA CITIZENS PAC, a political action committee formed by immigration attorney Ray Lahoud. The lawsuit was filed in response to campaign signs that called her "CRAZY CHAOTIC CRIMINAL." The court also rejected defmation claims based on Facebooks statements that called her anti-semitic and a "complete nutcase," among other things. 

At the time these "CRAZY CHAOTIC CRIMINAL." signs circulated (before they were vandalized by her children), Sultana was an Easton City Council member seeking the Democratic nomination for the state house against incumbent Bob Freeman. She lost that race and was also defeated in a May primary to retain her seat on City Council. 

Judge Dally concluded (you can read his Opinion above) that these statements were mere opinions. "[S]uch assertions alone, while annoying, offensive, and rude, do not give rise to a claim for libel and further, do not imply the existence of any undisclosed defamatory attacks." 

In addition, the comments were made without the actual malice required for libel lawsuits brought by public figures. "[S]he has not established with clear and convincing evidence that the identified statements are actually false or that they were made with reckless disregard for the truth." In fact, Judge Dally notes that local news outlets reported on her missed meetings and the criminal accusations that she beat her adult son. He referred to a Supreme Court decision noting that those who enter the political arena "must expect that the debate will sometimes be rough and personal."

In her Complaint, Sultana contended that a PA CITIZENS PAC claim that Sultana has unpaid municipal liens comes from a "dubious source of information". That dubious source is me. While I plead guilty to being a bottom-feeder, I pride myself on giving you premium garbage. There are actually two open municipal liens against Sultana. One is for $1,592.63 and was filed 6/10/24 at 2024-ML-5167. The second, filed 4/18/24 at 2024-ML-3404, is for $922.24.   

She also failed to establish that she suffered any special harm as a result of being called names. She claimed she received unwanted online messages and lost her campaign for state house as a direct result of being called "CRAZY CHAOTIC CRIMINAL" but never produced either these messages or proof that she lost the election as a direct result of the campaign signs. "[T]his Court cannot conclude that her standing in the community has been grievously fractured nor speculate as to the impact of the publication of the statements on the outcome of the primary election."

Sultana was represented by Allentown Attorney Matthew Mobilio, but he withdrew from the case in October.  PA CITIZENS PAC was represented by Attorney Stephanie Steward of the Goudsouzian law firm. 

Ray Lahoud, who formed and funded PA CITIZENS PAC, had this remark: "I appreciate the Court's thoughtful analysis. Ms. Sultana protests about rights and freedoms for all, but is against those rights for individuals that oppose her beliefs. Shame on her."

Sultana told Lehigh Valley News that she intends to appeal. She accused Lahoud of defaming her "“to destroy an immigrant woman who dares to stand up for her community.”

Following the Money: Ray Lahoud Sole Source in Successful Challenge to Patti Bruno For NorCo Council

Though she has managed several political contests and should know better, Patti Bruno was removed from the ballot in this year's at-large race for the Democratic nomination to Northampton County Council.  She was removed because she failed to file her Statement of Financial Interests with the Clerk of County Council. Although she's waging a write-in campaign, her chance of success is remote. She needs at least 100 votes and finish in the top five of the five Democrats who already are on the ballot.  Her petition was challenged by former Upper Mount Bethel Tp Manager Ed Nelson but an independent expenditure report filed by Ray Lahoud makes clear that he, and not Nelson, funded the challenge on his own. He also represented Nelson in court.

Why?

Bruno managed Terri Houck's campaign when he ran for re-election as District Attorney. Lahoud was the de facto manager for Steve Baratta, who eventually won. 

That was a nasty race, and Bruno reported disparaged Lahoud several times with slurs aimed at his sexual orientation. So much for the party of tolerance. Lahoud's successful lawsuit removed a hypocrite.

I just hope nobody finds out that I have a thing for parakeets. 

Sultana's Defamation Suit Against Critical PAC To Be Argued Today

At this time last year, Easton City Council member Taiba Sultana was running against State Rep. Bob Freeman. He's been in office a millennium, so he really should step down. But not to her. She's been a disaster on Easton City Council when she bothers to show up. She likes to accuse everyone who disagrees with her on anything of being racist, sexist, xenophobic or whatever. She has even included Easton City Council member downtown Kenny Brown, who is black and Brown, in these accusations. He himself was a victim of some pretty blatant discrimination by Easton's then racist and brutal constabulary when he was growing up. Before I get into the main topic of this post, which is Sultana's lawfare against a PAC that dared criticize her, let me tell you about how Kenny was victimized. 

Kenny had a brother named Carl. Kenny was good, but Carl fell under the spell of the dark side, committing numerous armed robberies.  He was killed by Easton police, who then knocked on young Ken's door to inform him that "we killed your n----r brother." 

I think it's safe to say Brown cares about discrimination. 

Ken got involved in sports and even began playing with cops. One day, the officer who shot Ken's brother apologized to him for what he had said and how he had said it. 

People can change for the better. So can institutions. That includes police departments. Easton's police department today is a far cry from what it was during the days in which cops would routinely beat people up. It hurts them to hear unfounded accusations of racism like those that Sultana likes to hurl. It hurts the Mayor and Council members who are justifiably proud of the mini mecca that Easton has become. Finally, it hurts those who grew up in the mini-Apple and know what it was like then and what it is like now.

That includes Ray Lahoud. He might be a very successful immigration lawyer, but his roots are in Easton. Like so many Easton residents, he was outraged by the dishonest and spurious claims being spewed by a Pakistani immigrant who settled first in NYC, then Jersey, and only recently in Easton. But unlike most Eastonians, he could so something about it.  

Ray formed what is known as a political action committee (PAC) and then paid for and posted campaign signs around Easton calling Sultana "CRAZY, CHAOTIC, CRIMINAL." Most of them disappeared or were defaced in a few short hours, and state police nabbed Sultana's children (both minors and one adult) in flagrante delicto. In an effort to silence Lahoud, Sultana sued his PAC for libel in a lawsuit filed on her behalf by Allentown lawyer Matt Mobilio. 

Lahoud's PAC, represented by Goudsouzian & Associates, has filed a motion to dismiss (see brief here)  based on a 2024 law called the Protected Public Expression Act. This is a response to a trend in which the "civil litigation system was increasingly being used in an illegitimate way: not to seek redress or relief for harm or to vindicate one’s legal rights, but rather to silence or intimidate citizens by subjecting them to costly and lengthy litigation. These kinds of abusive lawsuits are particularly troublesome when defendants find themselves targeted for exercising their constitutional rights to publish and speak freely, petition the government, and associate with others. Commentators dubbed these kinds of civil actions “Strategic Lawsuits Against Public Participation,” or SLAPPs." 

Another word for this exists - lawfare. 

Legal argument on this motion to dismiss is scheduled for today. 

Mobilio obviously opposes the attempted dismissal of Sultana's claimed defamation and filed a brief to support keeping his case on life support. It includes an attack on me.

I'm honored. It's not quite the Pulitzer, but I'll take it. 

Here's his accolade:

"Defendant contends that the remaining accusations against Plaintiff are factually correct. However, the documentation that Defendant appends to its motion in support of the truth of these statements, does not in fact support that argument. Indeed, many of the attachments are from “blog posts” and comments published by Bernie O’Hare, a former attorney who was suspended from practicing law nearly forty (40) years ago and who has resigned himself to blogging his opinions about political officials. According to the Moring [sic] Call, Mr. O’Hare was suspended for: “illegal conduct involving moral turpitude . . . dishonesty, fraud, deceit or misrepresentation . . . conduct."

"Accordingly, to the extent Defendant relies on Mr. O’Hare for “factual”, “reporting”, and that his blog posts and comments somehow constitute a matter of public record, or “truth”, such seriously undermines the entirety of Defendant’s defense and argument."

As I understand this argument, Mobilio asserts that nothing I say should be believed by any sane person. He very well may be right. I know I argue with me all the time. But if that's so, then it also means that nothing I say is capable of defamatory meaning because nothing I say is believable and therefore it is incapable of harming the reputation of another person. His argument is self-defeating. 

I could go on to attack Mobilio himself, as I've done once before. But I think I've made my point. 

By the way, this new act entitles the winning party to seek attorney fees. 

Sultana's Lawsuit Over Criticism is Frivolous Attempt to Suppress Free Speech

On Thursday, December 5, Easton City Council member Taiba Sultana filed a defamation complaint (you can read it below) against Pa Citizens PAC, a political action committee formed and funded by prominent immigration attorney Ray Lahoud. The lawsuit, filed by Allentown lawyer Matt Mobilio, is frivolous and will likely be dismissed after preliminary objections are filed and briefed. 

Sultana, incidentally, held a fundraiser and birthday bash over the weekend ... in Bethlehem. It's pretty odd that an Easton City Council member would fundraise outside of Easton. She's festooned in a tiara. 

Pa Citizens PAC was formed expressly for the purpose of opposing Sultana in a bid for state rep. That's core political speech. The PAC bought and posted campaign signs calling her "Crazy. Chaotic. Criminal." Most were torn down or defaced within hours. 

I've written extensively about Sultana. She was arrested and charged with domestic assault on July 31. The victim, her adult son, described her behavior as follows: "My mom had gotten very physical. She had slapped, punched me in my face and stomach multiple times. And continuously head butt me. It resulted in my face being injured and my face was bleeding. Also kept pulling my hair and dragging me around." 

The victim also describes prior incidents: "Threw dishes and sharp objects at me which resulted in my foot opening up. A sharp glass had been strewn inside my foot. I had been taken to the hospital and had to get stitches on my foot. Other incidents included punching my lip (it was bleeding nonstop) hitting me with random objects in bruised back and arm. She also threatened my many times with knives and has told me she is going to kill me one day.

"She has threatened me with knives. She has told me she is going to kill me in my sleep."    

After her arrest, Sultana spent a night in jail after being unable to post bail. She was ultimately admitted to ARD, a special program for first offenders in which charges are dismissed after successful completion of probation. After being accepted into the program, she claimed that “I would've preferred immediate dismissal, of course, but, like many people of color and poor people, I made the only option that was given to me to protect my family from the vicious attacks of those in power as well as keep my voice.”

On Easton City Council, she's been highly divisive. She has claimed she's the only Easton elected official who cares about the black and brown community. She has stated that the other Easton elected officials think the "black and brown community is criminal and dangerous." She also orchestrated a highly controversial cease-fire resolution concerning the war in Gaza and paraded numerous pro-Palestinian supporters to demand that Easton do something, though its fighter jets are currently inoperable. 

I could go on and on, but it's clear to me that her behavior as an elected official has been both crazy and chaotic. And she was arrested for domestic assault. In fact, her adult daughter was nabbed by state police and charged with defacing campaign signs criticizing Sultana as they watched another two of her minor children defacing them. 

Truth is a defense. Moreover, she is a public figure and needs to establish that the statements made were not only false but were made with reckless disregard of the truth. She would also need to prove that calling someone crazy, chaotic or criminal is more than opinion. This she will never be able to do. 

Sultana's lawyer, "Mad Matty" Mobilio, announced his lawsuit via news release. He is trying the case in the press, not in the courts. Other than garnering publicity for himself, his lawsuit has hardly helped Sultana. Now numerous news outlets are publishing the campaign sign she claims is so defamatory. This is what I's expect from someone who generated headlines when he posted a Facebook message telling someone, "If you support [Donald Trump], you are also a disgrace and should be hung for treason."

That sounds like Trump himself. 

Citizens PAC is represented by Easton barrister Steven Goudsouzian. Last night, he said his firm intends to defend the case vigorously and will be filing an appropriate response.

 Sultana Complaint by BernieOHare on Scribd

Baratta Backer Ray Lahoud Gave $3 Million to SuperPACs in 2022

According to Open Secrets, Norris McLaughlin lawyer Ray Lahoud gave $3 million to SuperPACS in 2022. He ranks #57  nationwide among individual donors. Lahoud is a registered Republican, yet was Steve Baratta's biggest donor in part one of the DA's race. He tells me he cares about the person, not his or her party. 

Coming in at #11 is Bethlehem's Walter W Buckley, Jr., of Buckley Muething Capital Management. He donated $11,800,000 to conservative causes.

I thought I'd be somewhere in there. They must have missed me. 

Blogger's Note: A reader made me aware of this in a comment yesterday. That's called participatory journalism, which I think we all really appreciate.

Ray Lahoud's Immigration Practice Featured on NBC News

As anyone who knows him will tell you, Ray Lahoud is one of Northampton County's finest and a proud product of Easton Lebanse heritage. His mom was widowed at an early age, so Ray technically had no father. In truth, he had hundreds in that close knit community. Ray distinguished himself at Lehigh and Georgetown Law School, where he excelled academically. This is a guy whose career path was Wall Street, just as it was for Judge Koury before him. Judge Koury returned to the community, and Lahoud never left.

Ray now practices immigration law at Baurkot and Baurkot.

A day in his life was recently featured on NBC News. John Morganelli did a cameo.

His sister Victoria is pretty famous, too. Her "toum," otherwise known as Lebanese garlic sauce, has been picked up by Whole Foods.

Lahoud: LV Dems Should Seek Fed Ed's Ouster

Despite Fed Ed's lobbying efforts, it appears that City Council will call on him to resign on Wednesday night. In addition to being Mayor of Allentown, Edwin "Fed Ed" Pawlowski is also a member of the Democratic state committee.Marcel Groen, who was closely associated with Allentown's aborted Delta Thermo Energy deal, is the state party boss. The Democratic party has taken no action against Fed Ed.

Ray Lahoud, a prominent immigration attorney and one of the Lehigh Valley's brightest lights, thinks it's time for the Democratic Party to put the heat on Fed Ed.

As a lifetime, young Lehigh Valley Democrat, I feel it is time that the local county parties take a stand here. The local party chairpersons must call for a party meeting, where a resolution demanding FedEd's resignation may be considered and put to a vote. The Lehigh Valley Democratic Party cannot sit silent as this corruption casts a shadow of shame on the entire party.

* * *

Every week, it seems, one of his cronies is indicted, only to enter guilty pleas to those indictments days later. I understand that FedEd has not been charged. And, yes, if FedEd is charged, I understand that he is innocent until proven guilty. But, come on Democrats! Why is everyone sitting silent? You do not have to wait for a trial to stand up to him and tell him that he is destroying the party--that he is no longer an effective leader within the party. You do not have to wait to tell him that he is a detriment to the party. Where is the party leadership at the county and the state levels? What is everyone afraid of? What a joke.

* * *

By the way - he is "censoring" his Facebook Page. I commented on his posting and he deleted it. What a loser. The citizens of Allentown are not paying him to sit on Facebook all day. If he is going to remain mayor until he is dragged out of city hall by either the Feds or the citizens of Allentown, the least he could do is try to get some city work done.

In the meantime, Fed Ed is scheduled to give a "State of the City" address on Friday, January 29, 11:30 am at Allentown's Renaissance Hotel. A group of us is going.