Posted on 05/11/2007 7:32:14 AM PDT by rface
SANDLE, REIFF and YOUNG, P.C.
50 E Street, S.E., Suite 300
Washington DC 20003
Telephone: 202.479.XXXX FAX: 202.479.XXXX
May 10, 2007
VIA E-Mail
Mr. James C Robinson FreeRepublic.com PO Box 9771 Fresno, CA 93794
Re: Statement re Democratic National Committee
Dear Mr Robinson:
We are writing on behalf of our client, the Democratic National Committee (DNC).
A post by coffee260 on FreeRepublic.com today states that this morning, on the Quinn & Rose show on XM, co-host Quin stated that the DNC chairman, Gov. Howard Dean had called Gov Kathleen Sebelius (D-Kans) around 5:00am on morning after a tornado destroyed the town of Greensburg, Kansas and discussed with here what to say about the tornado and how to blame the war in Iraq and the Bush administration on a slow response to the aftermath.
The statement was made by Mr Quinn, repeated on FreeRepublic, is demonstrably, unequivocally and absolutely false. Gov Dean had no such conversation with Gov Sebelius, ever.
No effort was made by FreeRepublic to contact anyone at the DNC for comment or to check the accuracy of these statements before they were published. FreeRepublic not only repeated this statement, but further stressed that Quinns source was extremely reliable and in a position that would give him direct knowledge of these revelations.
The statements quoted above are false and defamatory, are libelous and slanderous and clearly threaten to interfere with the DNCs operations and ability to solicit support and raise funds by predjuding the organization in the eyes of the Democratic Party supporters and the public. For these reasons, we demand that FreeRepublic immediately cease and desist from Further dissemination of the above quoted statements or any statements similar in substance and immediately post a retraction of these statements in a location on its web pages at least as prominent as that on which the original story appeared.
Please let us know by noon, May 11, 2007, whether you intend to comply with these requests.
Thanks for your time and immediate attention to this important matter.
Sincerely yours,
(Signature)
Joseph E Sandler
....if this is truly an actionable cause on the dumbocrats part....
DU IS A PLAINTIFF LAWYERS HEAVEN!!!!
F the DNC!!!
by the way howard dean.....my son protects even contemptuous pieces of shit like you while you play politics with his life and doesn’t even complain.....
I transcribed this letter from PDF...I make typos. lots of them
Quite the genius Joe is... to put himself up on our radar screen... :)
Just sent the following to Fox News: “Here’s a great story for Special Report’s Political Grapevine: http://www.freerepublic.com/focus/news/1831946/posts?q=1&;page=1#1
DNC attorney’s demand [that] Free Republic [cease] all references to suggested story on Kansas Governor being told by Howard Dean to hold off national guard deployment in wake of tornado disaster.
Wow!”
Oops! I left out the word ‘that’ and ‘cease’. I had to make a couple corrections at that point and forgot to input them. I still think they’ll get the gist of the email.
Thank you for your letter of May, 2007. In your letter you state that FreeRepublic has repeated a knowingly false statement made by a Mr. Quinn regarding a conversation between Howard Dean and the Governor of Kansas. You further state “The statement was made by Mr Quinn, repeated on FreeRepublic, is demonstrably, unequivocally and absolutely false.” Finally, you demand that FreeRepublic cease and desist from repeating these statements.
As you are well aware, repeating a statement, even if false is not necessarily a defamatory action. In fact, it can be easily argued that the allegedly defamatory statement you refer to was repeated on FreeRepublic merely for the purpose of reporting that it was made. Thus, no defamatory action was taken by FreeRepublic. In addition, FreeRepublic is not responsible for the opinions expressed on its forums by its members, although FreeRepublic does try to maintain a certain level of decorum on its forums.
Putting aside the above, however, you are well aware that Mr. Dean and the Governor of Kansas are both public figures. Moreover, the Governor’s handling of the terrible and tragic events in Kansas are a matter of public concern. Thus, you must show or allege that the statement made by Mr. Quinn, for which FreeRepublic is not responsible, was made with actual malice. Your letter fails to set forth the facts that would indicate or show such malice.
In the future, I suggest you bring your complaints directly to the source of the statements and desist from attempts to impinge upon the constitutional rights, of which you are well aware, of FreeRepublic.
Very truly yours,
FlipWilson
I am coffee 259. Damn.
Oops... sorry... good work... carry on...
(LOL)
Didn’t the Gov. admit to senator Brownback in a phone conversation that the conversation with Dean did in fact happen and she used the talking points he gave her?
According to Hotair, Brownback's office denies that.
self ping for later read
What a nice way to say
“go pound sand”
or even better
“go pee up up rope”
roflol
I was laughing so hard when I saw this, I had to read some replies before pinging everyone.
Smell that?
It's the smell of fear.
If this is the DNC’s stance on the tornado relief, I’ll bet there going to be really ticked off at whoever started the rumor about Dean and Sebelius boffing each other....
That would be me.
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