Counter-claim - when the defendant in a case “counter-sues” the plaintiff. So in this case JD is the plaintiff, AH is the defendant, she has counter-sued JD - in layman’s terms that’s her saying ‘you sued me, so I’m going to sue you!”. 🙄

AH’s counter-claim is actually rather poorly drafted (IMO!) and, to quote AH herself is “very dramatic”. It contains very little in the way of valid case law (see my video on caselaw) to support her claims and, to me, actually does read like someone throwing a tantrum!

Her counter-claim, when you cut through the crap, seeks: Declaratory Judgment, seeks to pursue a defamation claim against JD, and to pursue a claim against JD under the Virginia Computer Crimes Act (“Bot-Gate”)

So… Declaratory Judgment. This duplicates the Anti-SLAPP immunity that AH has included in her Defence so this part of the counter-claim DUPLICATES an argument she has already made. The Judge decided that Declaratory Judgment was not appropriate.

So the issue she sought to resolve with the DJ is already being dealt with in her Defence & will be dealt with at Trial… which is what the Judge means when he said to hear her Defence and her counter claim for declaratory judgment would be to hear the same issue twice.