Wednesday, January 4, 2017


Randon Fuzzies

On January 3, Brad's lawyers lodged documents with the court that they wanted sealed.   Wasser at the same time filed a declaration in response and a motion in support of their request to seal the documents.  This latest action was a cooperative effort between their lawyers although Wasser took the opportunity to rebut Spiegel's previous memorandum.

We will know on January 17 whether the judge decided to grant the RFO to seal.  Per the Rules of Court, the agreement between them does not necessarily mean the judge will grant the request.

Under the California Rules of Court:
A party requesting that a record be filed under seal must file a motion or an application for an order sealing the record. The motion or application must be accompanied by a memorandum and a declaration containing facts sufficient to justify the sealing. 
"The party requesting that a record be filed under seal must lodge it with the court under (d) when the motion or application is made"
A record must not be filed under seal without a court order. The court must not permit a record to be filed under seal based solely on the agreement or stipulation of the parties.

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Like the dissolution filing itself,  the filings have no effect on how they conduct their affairs in private.  Spiegel's filing had no effect on their Holiday plans. Wasser and Spiegel act to insulate them from conflict.

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Us, People and other publications are running headlines that quote from Wasser's declaration that Brad is "terrified that the public will learn the truth." By itself that is already damaging to Brad. 

In response, a "source close to" Brad told People and Us:
“The most likely scenario is that she shared whatever information she has and the authorities clearly didn’t find it to be credible or substantiated,” says the first source. “But if for some reason she inexplicably didn’t share it, then one needs to question how that was in the best interests of the children.” 

But when ET's report came out several hours later,  the "source close to Pitt" backed off from previous contentions and was far more appreciative of Angelina:
A source close to Pitt, meanwhile, tells ET that Jolie cooperated with both investigations. "Clearly her claims were considered legitimate enough to impact those conclusions. And if she held back information which, we don't believe that she did, then isn't she then not representing the best interests of her children by holding it back?"
In a 180-degree turn, the new statement says that what she told investigators helped lead them to conclude that Brad was not guilty of abuse.  His source's defense now just focuses on a qualified misinterpretation of what her rep said, that "The kids are clearly traumatized, and Angelina has been protecting the kids by not revealing what really happened on the plane."  Of course everyone knows her rep is referring to Angelina's public silence.  Brad apparently admonished his source that he could not impugn Angelina's credibility or imply that she wasn't forthright. 

The same "source close to Pitt" in ET's report added: 
"Thankfully after four months of on record statements, leaks and unnecessary and intrusive filings she is coming around to realizing that confidentiality is actually in the best interests of her children and family," the source adds.

Buzzfeed filed its report hours after ET and a "friend of Pitt's" said:
Still, a friend of Pitt’s who asked not to be identified given the sensitive nature of the situation told BuzzFeed News they are encouraged Jolie’s agreement might be a sign of more harmonious relationship between the two stars.
“After four months of public statements, leaks, and completely unnecessary filings, which has kept this issue in the public eye, it is encouraging that her team has finally recognized the importance of maintaining the family privacy,” the friend said.
The main difference is that the earlier quote to ET said. "she is coming around to realizing that confidentiality is actually in the best interests of her children and family," while the quote to buzzfeed said "it is encouraging that her team has finally recognized the importance of maintaining the family privacy."

The last edit of the friend's statement was given to Daily Mail apparently the next day:
'It’s sad that that it took four months to agree to seal the records involving the case but only one day to start playing things out in public again,'
'Brad has been cleared by both the FBI and Child Services and it’s unfortunate that they continue to behave in a way that only hurts the entire family.'
It is perhaps what the friend should have said from the start -- a general defense of Brad that doesn't impugn Angelina and avoids a tortured misinterpretation of her rep's statement.


One would have to conclude that ET, Buzzfeed, People, Us etc. all spoke to the same person, that this person is not a lawyer or a PR rep but a friend, and that his script was being edited as the day wore on to be more positive and more sensitive about Angelina.  Brad needs a better scriptwriter so they already have a well-thought out statement right from the start.

It is notable that Angelina's rep only spoke to ET and People while Brad's friend apparently talked to everyone.


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You know that at some point Brad will talk frankly about what happened because Angelina's reps are setting the stage with references to the "truth" about what "really happened. "  They're not trying to hide it or to make the public forget about it.  They know that the public will demand answers.  But the time of reckoning won't be for several months -- until probably First They Killed is ready to be released.  And long after everything has healed.  Right now, his sources are working to make sure he isn't in too deep a hole before he issues his mea culpa.


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I had been wondering how Wasser would respond since Spiegel's attack on Angelina was actually directed at her and he filed it during the period that she had formally informed the court she would be away.

Wasser returns fire with pointed references to Pitt's attempts to ignore the S&O,  his behavior that he wishes to hide from the public, and specifically accuses Spiegel of using his filing to impugn Angelina's character.  But her tone is more measured and she doesn't insult Brad or make personal attacks.  Like Angelina's rep's statement to Vanity Fair, Wasser holds Spiegel solely responsible for the Supplemental Memo.

The latest filings should be the final, closing salvo whether or not the judge grants the RFO to seal.  With the progress that Brad has apparently made reconnecting with the kids, he should be happy and content.  He has no need for further litigation and in fact, has no need for the RFO and the agreement that Angelina agreed to.  Wasser wrote in her emails to Spiegel, "Continued rhetoric regarding a stipulation to seal pleadings we hope not to file seems counter intuitive." and "Angie's reluctance to enter into a stipulation to seal the file stems from her firm belief that litigation is the wrong decision."  As her source told Vanity Fair, The agreement not only protects the children, but at Mr. Pitt’s legal team’s request, it also protects information about Mr. Pitt." Despite their reservations, Angelina acquiesced.

His source also hints that it will now be quiet, “Let’s hope that this agreement to keep things private going forward will finally allow this to be resolved quietly for the best interests of the children.”  Wasser and Angelina had been telling them from the start that litigation was the wrong decision.



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Daily Mail

A friend of Brad Pitt told DailyMail.com, 'It’s sad that that it took four months to agree to seal the records involving the case but only one day to start playing things out in public again,' they said.

'Brad has been cleared by both the FBI and Child Services and it’s unfortunate that they continue to behave in a way that only hurts the entire family.'

buzzfeed


 But despite their recent agreement, which was filed in Los Angeles County Superior Court on Jan. 3, the couple hasn’t exactly decided to keep their back-and-forth private in other recent filings, revealing sniping that most mega Hollywood stars manage to keep out of view as Pitt fights for joint custody.

In his court filings, Pitt has accused Jolie of having “no self-regulating mechanism” to prevent sensitive information from being placed in public record, and of her having “other motives” for doing so. Jolie has countered that Pitt is trying to “publicly impugn” her character and deflect from his role in the “media storm” that has engulfed their children.
Jolie also said there is little doubt that Pitt would “prefer to keep the entire case private, particularly given the detailed investigations by the Federal Bureau of Investigation and the Department of Children and Family Services into allegations of abuse” on his part.
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 Still, a friend of Pitt’s who asked not to be identified given the sensitive nature of the situation told BuzzFeed News they are encouraged Jolie’s agreement might be a sign of more harmonious relationship between the two stars.

“After four months of public statements, leaks, and completely unnecessary filings, which has kept this issue in the public eye, it is encouraging that her team has finally recognized the importance of maintaining the family privacy,” the friend said.
However, whatever private agreement was reached, ultimately, it’s up to the judge after reviewing both of their statements. And Lynn Soodik, also a family attorney, is skeptical that Jolie has truly agreed to Pitt’s request for sealing the custody matters given her latest filing.
“This is a matter of public policy and the judge has to decide if it is in the best interest of kids to keep it private,” Soodik said. “Brad put a reason why it should be private, but her reason is why it shouldn’t be private…she basically said, in a way, ‘I agreed to this judge, but I know you are not going to agree to it because the only reason he is doing this is to keep it private.’”
A hearing on whether to grant Pitt’s request to seal the child custody matters is scheduled for Jan. 17.

ET
8:30 PM PST, January 04, 2017
Angelina Jolie Slams Brad Pitt in New Court Filing, Source Says 'the Kids are Clearly Traumatized' Angelina Jolie and Brad Pitt's divorce battle continues.

The 41-year-old actress slams Pitt in new court documents obtained by ET on Wednesday, saying that her estranged husband is insistent on sealing divorce docs pertaining to custody because he's "terrified that the public will learn the truth."

While Jolie agrees that sealing custody-related records would be in the best interest of the couple's six children -- Maddox, 15, Pax, 13, Zahara, 11, Shiloh, 10, and twins Knox and Vivienne, 8 -- the new court documents, filed by the star's attorney, Laura Wasser, in Los Angeles on Tuesday, slam the recent motion filed by Pitt's lawyers to seal information related to their temporary custody agreement.

Pitt's attorney, Lance Spiegel, filed court docs supporting Pitt's request to have custody documents sealed on Dec. 21, after his request for an emergency hearing about the case was denied weeks earlier. <

In his motion, Pitt accused Jolie of disregarding their children's "privacy rights when she believes it may benefit her," claiming that the actress "exposed the children by making public the names of their therapist and other mental health professionals."

Jolie "apparently has no self-regulation mechanism to preclude sensitive information from being placed in the public record," Pitt's documents stated, "or she has other motives pursuant to which she seeks to disseminate information in this proceeding which will be immediately made public, where the children can access it or where people in the general public will have access to it for their own uses."

In Jolie's filing on Tuesday, the actress' lawyer accuses Pitt of trying to "deflect from [his] own role in the media storm which has engulfed the parties' children."

"There is little doubt that [Pitt] would prefer to keep the entire case private, particularly given the detailed investigations by the Federal Bureau of Investigation and the Dept. of Children and Family Services into allegation of abuse," the documents state.

Though Pitt has been cleared by both the FBI and Department of Children and Family Services after investigations following an incident during a family flight home from Europe in September, a source tells ET that "it doesn't mean he didn't do anything wrong."

"The kids are clearly traumatized, and Angelina has been protecting the kids by not revealing what really happened on the plane," the source says. "The interest since the onset of this has not changed, and all along that has been to protect the well-being of the children."

A source close to Pitt, meanwhile, tells ET that Jolie cooperated with both investigations. "Clearly her claims were considered legitimate enough to impact those conclusions. And if she held back information which, we don't believe that she did, then isn't she then not representing the best interests of her children by holding it back?"

"Thankfully after four months of on record statements, leaks and unnecessary and intrusive filings she is coming around to realizing that confidentiality is actually in the best interests of her children and family," the source adds.

Jolie was granted full custody of all six kids on Dec. 2. Court documents stated that Pitt would continue to have agreed-upon therapeutic visits with his kids, as determined by the family's therapist, who "shall at times consider the best interests of the minor children."  

People
Updated
Angelina Jolie Rips Brad Pitt in New Filing: He’s ‘Terrified the Public Will Learn the Truth" 
But a source close to the situation stresses that Pitt has been cleared in all investigations. “It’s nice to see that she has finally come around to supporting the sealing of documents weeks after he requested this action,” the source tells PEOPLE. “Considering that both the FBI and child services thoroughly investigated this matter and cleared the father, this line of attack doesn’t make much sense.”

But a second source close to the situation is firing back, saying that while Pitt may have been cleared in the investigations following allegations he was abusive towards Maddox on the family’s private plane on Sept. 14, his actions had a lasting effect on the children.

“They keep pointing to him being cleared. While his behavior didn’t amount to anything criminal, that doesn’t mean he didn’t do anything wrong,” says the source. “The kids are traumatized. The mom has been protecting the kids by not revealing what really happened on that plane. Her interest since the outset hasn’t changed: to protect the health and safety of the kids.”

But the first source retorts: “The most likely scenario is that she shared whatever information she has and the authorities clearly didn’t find it to be credible or substantiated,” says the first source. “But if for some reason she inexplicably didn’t share it, then one needs to question how that was in the best interests of the children.” 

The first source maintains that the request to seal documents was always made to help protect their children.

"Let’s hope that this agreement to keep things private going forward will finally allow this to be resolved quietly for the best interests of the children,” adds the first source.

Us
January 4, 2017 @ 10:55 AM
Angelina Jolie Will Seal Custody Documents, Lawyer Claims Brad Pitt Is Afraid ‘Public Will Learn the Truth’: Report
In response, a source close to Pitt tells Us Weekly, "Child services and the FBI both concluded extensive investigations which cleared Brad so it’s pretty obvious that they did not find Angelina’s claims to be convincing or have merit."
The insider adds: "It’s unfortunate it has taken them four months of on the record statements, leaks and unnecessary filings to agree that privacy is the best approach for the children of this family but at least they have acknowledged it now."

TMZ
Angelina Jolie is down with sealing documents in her divorce and custody case, but ... says if the kids have been damaged it's all his doing.
Angelina just filed legal docs saying she agrees with Brad, their business should be kept private, but says it's audacious of him to accuse her of airing their dirty laundry in public. According to legal docs, filed by Laura Wasser, Brad is lashing out because he's "terrified that the public will learn the truth."
Brad went ham on Angelina after she filed unsealed documents trying to prevent him from altering their custody arrangement, but in the new docs she says all he's doing is trying to "deflect from [his] own role in the media storm which has engulfed the parties' children."
She goes on ... "There is little doubt that [Brad] would prefer to keep the entire case private, particularly given the detailed investigations by the Federal Bureau of Investigation and the Dept. of Children and Family Services into allegation of abuse."
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-- Fussy

5 comments:

  1. Fussy I think these 2 ladies greeting them might be kids therapists ? Just saying as there were quite few ladies named in the court filing?

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    1. ITA, I "think they maybe are the therapists" who knows, but I have never noticed either lady before, it was interesting to see how these 2 ladies warmly greeted each other on the tarmac,and when Angelina comes off the plane then she and they warmly greet each other too. The kids seem to know them too Vivian had a smile .Also i noticed Angelina and Vivian had big smiles when they saw Darren Brads assistant and Pax even gave him a thumbs up.So its clear the atmospheres is very good as seeing a family member as he is as good as.I saw no tensions on anyone's face, that's a big clue. And after Pax and Madds went with Darren to the shops as if its business as usual.Good sign. I love how Angelina makes daily life look so effortless, as soon as they get back she is food shopping with Shiloh, again sign of normality for the children.

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  2. http://www.thewrap.com/brad-pitt-is-terrified-that-the-public-will-learn-the-truth-divorce-docs-claim/

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  3. Fussy,
    Daily Mail seems to have copies of the memorandum filing by Wasser:
    http://www.dailymail.co.uk/news/article-4095092/Angelina-Jolie-accuses-Brad-Pitt-publicly-impugning-character.html

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  4. Wasser's filing(s) with documents signed by her December 23 and Dec 6 wherein Petitioner agrees to Respondent's request to seal child related filings
    Daily Mail only have part documants

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