It could even be IH aiming to have the complaint invalidated before it even gets close to a jury on some technicality that relates the the impossibility of LENR as witnessed by some paid for authority and turn that into a fraud suit instead. I do not know if this is possible within the US legal sysem, but who knows? Weaver certainly hints at this scenario with his “counterstrike” arguments. Here is loudmouth Weaver in action:
I’ll make a prediction. The Rossi litigation will never get to a jury. The inbound counterstrike, however, will be an entirely different matter and will be where all the action is as long as we can figure out how to keep Rossi inn this jurisdiction.
Yesterday I posted a new hypthesis on the legal strategy we can expect Darden/IH to use together with the Apco / Jones Day teams. The overwhelming response this post recieved by Weaver et al. more or less confirms the hypothesis being on the right track.
Basically the strategy is all about boiling down issue to a level where it can be presented in front of a jury with limited background knowledge about LENR.
We can expect the jury to do some reasearch in the history of LENR and Rossi when confronted with the complaint. They will find both the Krivits, Wrights, Wikipedia manipulation and a diverse blogosphere. This will certainly not bring them clearity.
So, this requires IH to work on simplification and it will be enabled by the usage of traditional MSM and physisist authorities. People with the right titles and million dollar funding, that the jury can believe when it comes to physics; ie. the hot fusionists.
You might say, that this is not 1989. That now we have the Internet. Yes, and it is great for independant replications and MFMP type projects and it will help in the long run. But, sorry. It will not help in this case. Most people do not have a clue about LENR. My estimation is that maybe 10k follow it closely and maybe 200k have a some clue in the world. The jury will not be part of this group.
So IH will need to “kill LENR” in the courtroom to convince the jury. And they will try by:
- Bringing hot fusionists to testify their “against the law of physics” mantras
- Selling Darden as a naive fool, being defrauded by Rossi to invest, but also Brillouin, Miley et al.
- Explain it with presenting Darden as a (non tech) fool, but still the good “save-the-world” kind of business man. Anyone can make mistakes …
- Bringing down the whole LENR field, at least during the trial. The strategy has to be that LENR has never worked anywhere because it is against the law (of physics). There is no room for uncertainty here since it will only make the jury confused.
Some indications of this scenario is:
- The Apco press realease, carefully saying absolutely nothing.
- The Jones Day reply to the Rossi complaint, carefully saying absolutely nothing.
- The only one expressing some signs of success being Darden in a couple of interviews, therefore he has to be sacrificed as the naive fool.
- IH has only been using FUD of Dewey Weaver, Jed Rothwell and others to communicate after the complaint was filed. These comments can be used and/or ignored as pleased in the court. The aim is mainly to create an online opinion anyway possible according the the Apco handbook.
- Nov 6 meeting in the White House with representatives from every corner of main stream nuclear and energy corps, ie. huge stakeholders in status quo.
I suspect however that some present IH stakeholders like Jed Rothwell and the Brillouin/Lenuco teams will be really pissed off when they realize being used by the JonesDay/Apco/IH folks to bring down all of LENR as a whole.
Right now Apco is executing a smoke screen which is to some degree successfull aimed at divide the LENR crowd into pro-Rossi and pro-IH teams fighting each other. A handbook delusional strategy aimed at moving focus from what is important.
And for IH the most important thing right now is to not pay Rossi the $89M they should according to the contract. Penon is the ERV and they agreed on him and signed contracts and everything. They know they should pay.
This is another issue where only a complete LENR kill will do it. They desperately need the jury to not even consider it being remotely possible that LENR works. Then they can throw out the ERV report baby with the water, without even looking. It is the only strategy IH can use to win. And they know it.
Here are som Weaver comments that reveals this strategy. First he is hinting on IH filing a litigation of their own. At some point. Of course they own that clock … I’m just saying. Watch out for signs on IH going all in on total LENR fraud.
Here he is seriously threatening Rossi with a “counterstrike” litigation … My take is that it might actually be Weavers way of describing the scenario I’ve been describing above. The issue he is expressing about jurisdiction is that most LENR tests and validations have been taking place in Italy (and Lugano/Switzerland). Note that he is also saying that THIS will go to a jury. Can you see the point I’m making … ???
I’ve found Thomas Clarke interesting from the start. He’s the by far most accomplished operative. His position has been anti-LENR from the start, which suits the strategy nicely and here he is promptly answering important questions on behalf of Weaver to divert attention …
Really really strange behaviour. Being a simple collage teacher with an obsession for details in the Lugano report, he seems to have a very small problem to leave this professional area of his and venture into legal and psychological issues when it suits the agenda. Hmmm.
Not to mention the Lugano Report, which the context of the new IH strategy becomes very important. The bashing of this will also be important of course since the LENR has to be impossible.