BRAD BLOG: FEENEY ATTORNEY THREATENS HOMETOWN PAPER WITH LEGAL ACTION!

[BradBlog]

Sorry about the timing...but news happens...

FEENEY ATTORNEY THREATENS HOMETOWN PAPER WITH LEGAL ACTION!
Intimidating Letter Faxed to Seminole Chronicle Charges Story on Feeney was 'False and Defamatory'

Feeney Attorney Uses Unrelated and Questionable 'Ethics Investigation' as Sole Basis for Claims

Congressman Tom Feeney's (R-FL) attorneys have sent a letter threatening the editors of Florida's Seminole Chronicle intimating possible legal action in light of the news report filed by Editor Alex Babcock last week concerning allegations made in a sworn affidavit and in sworn public testimony before members of the U.S. House Judiciary committee by software programmer Clint Curtis...

FULL STORY (Plus documented details on that so-alled "investigation"!):
http://www.bradblog.com/archives/00001076.htm


Brad
The BRAD BLOG
http://www.BradBlog.com

[Cha]

1. Thanks for the news..

Those freakin' republicans..think they can intimidate everybody just because they've gotten away with it for so long. I hope someone stands up to them.

[Liberty Belle]

33. Feeney is a public figure. It's very tough for him to win.

The standards for libeling a public figure are extremely difficult to meet in court. Just look at all the things said about the presidential candidates that weren't true, but no one is suing because they know they'd never win.

[BradBlog]

50. Forget tough! Feeney would be *nuts* to actually sue...

Aside from the difficulty (in this case, virtual impossibility) of winning such a case -- if you red the piece, you know that the reporter was simply reporting what was said to members of the Judiciary Comm. in a public forum, and what was in Curtis' affidavit -- I happen to know several lawyers personally who are *begging* Feeney to sue someone about this case!

If he does, Feeney (and all the others) will have to sit and give full deposition under oath and offer all kinds of discovery on all of these issues.

I, for one, would love to see such depos and discovery evidence! On the other hand, from everything I've learned while working on this case, I suspect Mr. Feeney may not be quite as anxious to open up that particular can of worms. Under oath. In a court of law.

Brad
The BRAD BLOG
http://www.BradBlog.com

[Brundle_Fly]

2. Brad.

I just want you to know, you are my hero.

I go to your site 10x a day.

Keep up the great work exposing these Bozo's/

A Very Liberal Canadian.

[BradBlog]

18. Brundle_Fly...

You're too kind. (And have way too much free time! ;-)

Merry Xmas...

Brad
The BRAD BLOG
http://www.BradBlog.com

[Brundle_Fly]

49. perhaps

but I wouldnt change it. ;)

[Darkhawk32]

3. I hope the Seminole Chronicle tells Feeney....

{insert random insult here}.

This has what's become of the media. Either you comply or you're burned.

[Clark2008]

4. He can threaten to sue all he wants

If a newspaper reports the statements of something someone has said in an open and public forum - and I would venture that the minority party of the House Judiciary Committee's forum is just about as open a public forum as it gets - then the offended party has no remedy to sue the reporting institutions.

Feeney could still sue Curtis for slander, given his statements, but there is no way in hell the newspaper is resposible for what was said in a public forum - a forum in which everyone in the country could have attended if they had so wanted.

Basic Communications law. I'm not an attorney, but I was a reporter and actually had a similar thing happen. The difference was that it was testimony in a court of law rather than in a congressional "court," but the same rule applies.

[aquart]

7. So Feeney demonstrates ignorance of the law?

[Clark2008]

30. It's a tricky law

and one I assume is practiced in Flordia. Florida, with the exception of all the rape shield laws that occurred after the Kennedy-Smith rape trial and the shield laws that occurred after Dale Earnhardt's death and subsequent autopsy photos, used to have a pretty decent Sunshine Law.

I rather suspect this law is universal (see my post below.)

[NVMojo]

16. first they have to prove it isn't true then they have to prove the untruth

caused them harm ....

[Clark2008]

29. No. Not in this case.

The newspaper has nothing it has to prove.

Feeney could sue Curtis for libel or slander, but not the newspaper.

Let me see if I can make this clear as mud:

The newspaper is merely reporting what was said in a public forum. Because the forum was public, everyone in the entire nation - provided there were enough seats available - could have attended this event. Therefore, everyone in the entire nation could have heard what Curtis said, thus taking responsibility away from the newspaper.

Now, Feeney could sue Curtis for MAKING the statements, but he cannot sue the newspaper for REPORTING the statements since everyone there heard them, too.

Get it?

In other words, the newspaper is protected because it wasn't the only "ear" to hear Curtis's statement. The forum belonged to the public.

[thinkingwoman]

27. further

he would have to prove that the newspaper published something it knew was untrue.

That's a hard hill to climb.

Newspapers have wide protections on this issue.

[Clark2008]

31. This is true, but doesn't apply in this case

See my post above.

But, Curtis can be protected under this application of Communications Law in regards to the First Amendment right to question public officials.

Feeney is a public official and public officials have less latitude on which to sue for libel/slander. Feeney would have to prove that A.) Curtis was lying and B.) the lie in some way damaged him. Absolute truth need not apply since Feeney is a public official. The courts have ruled this way for years so that citizens have the First Amendment right to question their public officials. Of course, since the Bushies have packed the courts (or are attempting to pack the courts) with people who don't understand democracy, this protection of free speech may soon fall by the wayside.

BTW, most of you may know this, but for those who don't:
Libel is the written word and slander is the verbal word.

In most states, "defamation of character" does not exist. That sentence gets tossed around alot, but the law is a libel/slander law. (Personally, I don't know of a state that allows "defamation of character" lawsuits, but I've been out of reporting for a while and really only dealt with about four or five states in my career, so there may be some, now).

[thinkingwoman]

37. you're right

I should have read your first post more carefully before posting.

Thanks for the correction and also thanks for adding the diff between slander and libel. I find that remains extremely confusing not only for laymen (and laywomen) but also even for those in the journalism biz.

I also agree with your point about the bush-packed courts. Who knows what will become of the 1st amendment once the bushbots are done with it. I still can't believe that journalists who did not publishing anything about the plame leak are facing jail. Boggles the mind.

[Clark2008]

42. No problemo

The dean of my communications college within the univesity wrote the Communications Law book that most J-school students studied and my professor was a retired Communications attorney. Also, one of the country's most premier Communications attorneys, Richard L. Hollow (http://www.memphisbar-u.org/faculty/RHollow/RHollowBio.html) practices in my city and has always been a gem about offering free advice to young journalists and is retained by many of the area news outlets.

I also covered courts and police and law for 10 of the 12 years I was reporting. I may not be an attorney, but Communications law is something I know. :)

[lonestarnot]

5. And Braddie threatens to countersue! So there...We know lawyers hehehe

[ThoughtCriminal]

6. I wonder if Feeney's lawyer warned him

- That he may have to testify under oath?
- That the defendant can subpoena records and documents?
- That reporting actual public testimony is not slander, even if the testimony is?

[caligirl]

8. He found a Republican lawyer who specializes in construction etc

Mr. John P. Horan
Foley & Lardner
Regular Member
Office:
P.O. Box 2193
Orlando, FL 32802

Phone: [phone]
Fax: [phone]
Email: [e-mail]
Web Site: www.foley.com

Law School: Notre Dame (1977)

Practice Areas:
Commercial
Construction
Public Law



John P. Horan is a partner in the Orlando office of Foley & Lardner, where he is a member of the Litigation Department and previously the founding chair of the firm's Construction Practice Group. Mr. Horan's practice is concentrated in commercial litigation, public affairs, construction law, and dispute resolution. Among Mr. Horan's clients are international construction and engineering firms, national industrial, infrastructure and highway contractors, homebuilders, designers, and municipal governments. Mr. Horan also represents clients involved in real estate development, manufacturing, technology, and the hospitality and restaurant industries.
Mr. Horan has extensive experience representing and counseling general contractors, design professionals, public and private owners, suppliers and trade contractors in contract negotiation and administration, bid protests, lien foreclosure, litigation, arbitration, and alternative dispute resolution (ADR). He is a member of several ADR organizations, and as a certified mediator in state and federal courts, he has mediated numerous complex disputes. He is a member of the Panel of Distinguished Neutrals of the Center for Public Resources and the American Arbitration Association's Panel of Arbitrators and Mediators. Among Mr. Horan's particular talents is the ability to utilize his understanding of dispute resolution to plan and budget for the resolution of complex construction disputes creatively. In recent years, he has managed the successful resolution of several complex multiparty construction disputes, resulting in great cost savings to clients. Mr. Horan has written and spoken frequently on numerous construction law and ADR-related topics.

A native of Pennsylvania, he received his law degree (J.D., 1977) and undergraduate degree (A.B., cum laude, 1974) from the University of Notre Dame. He is a member of the American Bar Association Forum on the Construction Industry and former chair of the Orange County Bar Association's Construction Law Section.

RNLA Logo
edit:A native of Pennsylvania, he received his law degree (J.D., 1977) and undergraduate degree (A.B., cum laude, 1974) from the University of Notre Dame. He is a member of the American Bar Association Forum on the Construction Industry and former chair of the Orange County Bar Association's Construction Law Section.

http://www.rnla.org/bio/BioDetail.asp?MemberID=2048

Feeney was also born and raised in Penn. after graduating sometime later he moved to Fl. Apparently taking his good friend with him.


http://www.foley.com/services/practices.aspx A huge law firm, rated one of the most successful in America, with several offices, many in Florida, and multiple areas of practice.

[Carolab]

11. I wonder who some of their other clients are n/t

[lthuedk]

13. Then, Mr. Horan should know that by suing he would expose

his client's history of actions through discovery.

[Clark2008]

32. He's hired a construction lawyer to practice communications law?

Maybe he is, as the poster above suggested, ignorant of the law.

[caligirl]

34. Horan practices public law, thats in the bio. n/t

[dobegrrrl]

9. let him sue

since it is true, it is not slander!

:7

[ValleyGirl]

10. If they were serious about suing,

would they really send them a FAX? Why not send them something by certified mail? Not to mention there appears to be no legal basis for a suit since they were simply reporting on a public forum and someone's affidavit sworn under oath. Hell, if this is eligible for a lawsuit President Clinton AND Hillary Clinton could have sued all kinds of media organizations during his presidency!

What this really tells me is that he is a bit scared. Whether he's scared because this is the TRUTH getting out there or scared of his reputation taking a hit I have no way of knowing. But my hunch is on the former.

[NVMojo]

17. he forgets, he is a public figure ....read AP Style on libel....

I don't think he has a case, especially if it is true...

[tsuki]

43. But he could cost the newspaper a buttload of money. Small town

newspapers have limited incomes now.

[Stephanie]

45. He's made a huge blunder. It just inflames the story.

If it wasn't a story before it will be now. It's not the crime it's the coverup.

[tandem5]

12. what an idiot... go ahead - make it into a bigger story!

we appreciate it.

[understandinglife]

14. Praise the lord, praise the lord; let that dumb ass Feeney....

...and his stogies threaten and sue all they want.

Lights, camera, action.

Full disclosure everyone: I've got a lock on the popcorn concession.

Hey Tom -- to quote your future cell-mate "Bring it on"!

With gifts like this, it is going to be Christmas all year long.

Peace.

[merh]

15. What an asswipe, threaten a paper that is quoting a sworn

affidavit about the actions of a public official and see if they tuck tale and run or dig in their heals and dig deeper into the story.

Lawyer is blowing smoke, trying to scare the paper, libel/slander suits brought by public officials are next to impossible to win, especially when the story quoted an affidavit of another.

ooohhhhh, could Feeney be scared :scared:

heeehehhhhheeee! :bounce:

[Pithy Cherub]

20. Isn't there a trite but true old saying:

Never argue with a person who buys there ink by the barrel... may have been Ben Franklin.

[floridadem30]

19. Thanks for the post and Merry Christmas.

[Smirking_Chimp]

21. Feeney's not locked up yet? Get him before he runs away.

[bunny planet]

22. Me thinks the flying monkies doth protest too much!

[bunny planet]

23. I think the Seminole paper should next print an article reprising Feeney's

threat of an attempted coup in the Florida Legislature in 2000. That story needs new legs, it ties in very nicely with Feeney being involved with the 'yanging' of the voting machines. I don't think he wants anymore publicity on any of this, what a stupid move.

False and Defamatory my ass!

Mandate my ass!

[henslee]

24. "And if you can't bang away at the facts, bang on the table" nt

[corbett]

25. Too Bad For Feeney The Story's True!

Libel is only chargeable if the story was false!

The truth sure hurts!

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=203x194407

[caligirl]

26. Kerrys Wisc. camp lead. is with the same law firm, F & L

6/26/2004
Rich Judge Named to Lead John Kerry's Presidential Campaign in Wisconsin
Kerry Campaign: Announces Wisconsin Leadership Team

Campaign Building Diverse, Growing Organization in Battleground State

(Madison, WI) — John Kerry's presidential campaign today announced its Wisconsin leadership team, which will be chaired by Gov. Jim Doyle. The team includes African-Americans for Kerry, Latinos for Kerry, Women for Kerry and a diverse, statewide Wisconsin Steering Committee.

Seasoned campaign strategist Richard Judge of Milwaukee will serve as State Director for the Kerry campaign. Judge has worked extensively in Wisconsin politics over the past 10 years, most recently serving as Political Director for the Democratic Party of Wisconsin. He served as Field Director for the state's Coordinated Campaign in 2002, and has also worked in both the State Assembly and State Senate. Judge comes to the Kerry campaign from the law firm of Foley & Lardner, where he served as a Public Affairs Advisor. <snip>

[Carl Brennan]

28. This is a good opportunity to raise the election fraud issue

to a higher level. Now just take this story and put it in a paper with larger circulation and put in alot of "background" info on the Conyers Committee and what it is doing.

[caligirl]

35. Claim against Feeney deserved to be aired 12/23 Sem Chron

http://www.seminolechronicle.com/vnews/display.v/ART/2004/12/23/41cc6e71c7147

[Name removed]

44. Deleted message

Message removed by moderator. Click here to review the message board rules.

[KoKo]

36. Immediately says: "What's Feeney Hiding?" Must be BIG/HUGE! LOL's

:D Will they cave like the rest of the media...buckling under threats like what Plame and AWOL did for "some reporters and anchors did?"

Remains to be seen. Feeney is a small timer...but Jeb could shut down the "Sentenal" and go after the reporter...He jumps to the "whip" when his lil 'bro' calls him.

:shrug:

[rox63]

38. Something just occurred to me...

I hope Clint Curtis has some kind of security protecting him. Or else he may end up as another mysterious "suicide", which seems to happen quite frequently to people who try to blow the whistle on Bush and his family.

[McCamy Taylor]

40. too late for "suicide" hit, has to be small plane/icy road/anthrax mailing

[McCamy Taylor]

39. public figures cant be libeled, its his former company that has to sue

[stepnw1f]

41. Diversion from Ohio?

hmmmmm

[bobbieinok]

47. HELP I can't stand the plots within plots within....

[genieroze]

46. What an a-hole. eom

[buddysmellgood]

48. What a dumbass move. Feeney just threw away any doubt one

could have about Curtis's testimony. If someone is slandering you, do you wait until the 11th hour to stop the slander? And if you do because you are stupid, do you go after the newspaper instead of the person committing the slander? Feeney just confessed.