Depositions are not supposed to be the legal version of a professional wrestling match, complete with jeers, insults, and snide allegations. Of course, many lawyers reading this will respond, “Tell that to my opposing counsel.”
Perhaps that’s why attorneys Katherine Bolger and Larry Klayman found themselves ordered to show cause in December, 2025, by Magistrate Judge Philip R. Lammens for their conduct during a pair of 2025 depositions in the defamation case between plaintiff Laura Loomer and defendant Bill Maher. Ms. Loomer was also instructed to atone for her behavior, which was included in Klayman’s submission. Both attorneys faced a motion for sanctions.
Filed in the United States District Court for the Middle District of Florida on January 6, 2026, the responses to the court’s Order to Show Cause juggle contrition with pointing accusing fingers at the antics and misbehavior of the sparring attorneys. This included Ms. Bolger taunting Mr. Klayman that “you’re about to not be [a lawyer]” due to other pending sanctions.
And in This Corner, Hailing From the Fighting City of Tucson, Arizona …
Ms. Loomer, a self-professed “pro-White nationalist” and “Islamophobe,” is best known for being a far-Right political activist and vocal supporter of President Donald Trump. First known as a sting-style journalist, she was a vocal supporter of unproven conspiracy theories regarding voting fraud during the 2020 presidential elections. She ran for seats in the U.S. House of Representatives in 2020 and 2022, failing to win in both instances. Ms. Loomer boasts over 1.5 million followers on her X account, where her tweets are often profane and controversial.
A stand-up comedian, Mr. Maher has hosted the politically focused talk show “Real Time With Bill Maher” on Home Box Office (HBO) since 2003, which has been nominated for nine Emmy Awards. Mr. Maher has managed to infuriate both liberals and conservatives alike with his opinions and stances, such as when he stated that the 9/11 terrorists were “not cowardly.” He frequently appears as a political commentator on various cable news shows.
In what was predicted to be a heavyweight legal brawl that has so far lived up to the billing, Ms. Loomer filed suit for defamation against Mr. Maher in federal court. The suit claims that in September 2024, Mr. Maher graphically alleged that Ms. Loomer was involved in a sexual affair with then-presidential candidate Trump. She also accuses him of sharing a list of “false, disparaging statements” about her during the following week’s show.
While Ms. Loomer has not held an official position in either of President Trump’s administrations, bad things tend to happen to the careers of government employees with whom she expresses her displeasure. The idea that she appears to have President Trump’s ear raises concerns for both Republicans and Democrats. A victory over Maher would likely earn her even more presidential approval. However, before any further steps toward trial could be taken, the involved attorneys needed to make their mea culpas.
“Is This the Way the Law Works?”
Magistrate Judge Lammens was clearly appalled by the behavior of both attorneys and Ms. Loomer during the depositions, citing his willingness to impose penalties based on Fed. R. Civ. P. 11(c)(3), 28 U.S.C. § 1927, and Local Rule 2.01(b)(1)(E)(c)(5). The lawyers were ordered to return responses by December 18, 2025, that provided reasons why they should be permitted to avoid sanctions for their misconduct.
Ms. Bolger, of the firm Davis Wright Tremaine, cited her otherwise unblemished 27-year legal career in her “unconditional” apology, before going on to attempt to rationalize her unprofessional demeanor as a result of rising to the bait provided by Mr. Klayman and Ms. Loomer. Referring to Ms. Loomer’s deposition transcript (at 623 pages, best pack a sandwich or two if you plan on reading it), Ms. Bolger claimed her growing frustration over Mr. Klayman’s name-calling and interjection of political rants unrelated to the matter at hand, combined with Ms. Loomer’s refusal to provide a straight answer to any question and her propensity to spiral off on tangents such as referring to Democrats as “scumbags” or complaining about Marjorie Taylor Greene. Bolger wrote that opposing counsel got the better of her as an officer of the court. She reasoned that their actions caused her to abandon the decorum expected of a defense counsel to respond in kind.
In the response for himself and Ms. Loomer, Mr. Klayman used largely the same approach. Yes, the founder of Judicial Watch was aware he acted in bad faith as an attorney during the depositions, but contended that his breaches of conduct resulted from Ms. Bolger’s repeated objections to every question asked to Mr. Maher and her attempts to give him coaching cues for his answers (most of Maher’s deposition was sealed from public record via a plaintiff’s motion for a protective order, due to sensitive information). Mr. Klayman claimed Ms. Bolger’s repeated attempts to infuriate and mock Ms. Loomer over her tweets and comments about MAGA, Kamala Harris, and other topics caused him to focus on trading insults instead of sticking to legal arguments.
Mr. Klayman’s response stopped just short of accusing Magistrate Judge Lammens of showing favoritism toward the defendants and included a positive article about him, along with several questioning the tactics of Davis Wright Tremaine. Perhaps his restraint was influenced by the Florida Supreme Court’s decision in November to approve his two-year suspension from practicing law in Florida. Mr. Klayman had already been suspended in the District of Columbia.
Given the lawsuit’s litigants, it’s not completely surprising that the early proceedings degenerated. With this as an opener for the rest of the docket, the courtroom may be standing room only once the proceedings begin.
Related Resources
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