Tag Archives: LA Times

SYNDICATED COLUMN: L.A. Times Lawyer to Court: “This is Not a Case About Quote/Unquote Truth”

Every defendant is entitled to a vigorous defense. That’s a basic principle of Western jurisprudence.

My belief in that precept was sorely tested by oral arguments in my defamation and wrongful termination case against The Los Angeles Times. It’s one thing for a lawyer to represent a distasteful client like the Times, whose crooked top management sold out its readers to the Los Angeles Police Department in a secret backroom deal. But when framing facts turns into outright lying in court, count me out.

I have great new lawyers. On July 14th, however, I was “between lawyers” because my previous ones had just dumped me and the scorched-earth Times defense team refused to grant me a delay so my new attorneys could get up to speed. So I was forced to represent myself pro se against a senior partner with three decades of experience as a courtroom litigator.

“Since the beginning of this case,” I opened, “the defense has tried to make this a complicated case about technicalities. In fact, it’s actually a very simple case.”

I went on to explain how, after a spotless six-year record as the paper’s cartoonist, the Times received a static-filled audio recording of unknown provenance from LAPD Chief Charlie Beck. Beck claimed the CD-R showed I’d lied in a blog post when I wrote that I was mistreated by a LAPD cop who’d arrested me for jaywalking.

I continued: “In fact, the audio did not show anything of the kind. In fact, the audio was obviously never listened to, because if they had, even if nothing else had happened, they would have been able to, in a quiet room with headphones, they would have been able to hear people arguing with the police officer. They would have heard phrases along the lines of, ‘Take them off. Take off his handcuffs,’ that sort of thing. The Times rushed to judgment. They operated extremely recklessly, negligently. They did not investigate the audio. They did not give me any benefit of the doubt whatsoever even though the doubt was 100 percent.”

Times lawyer Kelli Sager was unimpressed.

She is paid to be unimpressed.

“So Mr. Rall has repeated a lot of the stuff that’s in the [filing] papers. But as we said in our reply [motion] and as the court ruled on the individual defendants’ motion already, this is not a case about, quote/unquote, ‘truth.’”

Um…what?

I am so naïve. We were in a courtroom. If the truth — sorry, the quote/unquote ‘truth’ — doesn’t matter in a court, what does?

The Times’ answer: technicalities. Bear in mind, the Times is a newspaper. Their job is to print the truth.
“That’s not the argument that we made in the SLAPP motion [stet], whether or not the statements that he’s complaining about were true or not,” Sager continued. “The Fair Report Privilege doesn’t need the court to adjudicate the truth. The Fair Report Privilege looks at whether the gist and sting of what the articles reported were from records of the LAPD statements made by people in the LAPD that were official statements and so forth.”

Translation of the Times’ defense: It doesn’t matter if the Times published lies and refused to retract. Under California’s anti-SLAPP law — which is abused by deep-pocketed corporations so they can libel poor individuals with impunity — the Times can write whatever it wants as long as it generalizes about something a policeman said in a police record. This, of course, ignores the existence of defamation and libel statutes.

Sager went on: “Whether the Times had a good motive or bad motive is irrelevant under the law.”

Not really. The Times claims that I am a public figure. If the court agrees, Sullivan v. New York Times, the 1964 case that redefined defamation law, would be pertinent: “The Court held that the First Amendment protects the publication of all statements, even false ones, about the conduct of public officials except when statements are made with actual malice (with knowledge that they are false or in reckless disregard of their truth or falsity).” When the Times published its two pieces about me, they knew that what they were publishing (that their audio showed I was a liar) was false and they didn’t care. Motive matters.

Oh, the lies! Like when Sager said: “So there is no dispute that the records came from the LAPD.”

An hour earlier, in the same hearing, in front of Sager, I had said:

“I dispute that these records were officially released by the LAPD. There is a declaration by the investigative reporter Greg Palast in that giant pile of paper next to you in which he says that he contacted the public information office of the LAPD and in no uncertain terms they denied ever having released the documents and the audio. And in fact, that they’re still in the evidence room over at the LAPD. So what we have here is a case of conflation; a cases of many lies of omission, some lies of commission. But one of the big lies of omission is that the L.A. Times is trying to pretend that Chief Beck is the LAPD. And that is no more true than President Trump is the United States government. The official records have never been released.”

How could she say there was no dispute?

Sager couldn’t argue the facts. So she pretended the facts didn’t exist.

You can read the whole transcript here.
You can support my fight for free speech here.

(Ted Rall (Twitter: @tedrall) is author of “Trump: A Graphic Biography,” an examination of the life of the Republican presidential nominee in comics form. You can support Ted’s hard-hitting political cartoons and columns and see his work first by sponsoring his work on Patreon.)

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SYNDICATED COLUMN: How I Found Out That the Courts Are Off-Limits to the 99%

Image result for court fees expensive            I’m suing the Los Angeles Times. I’m the plaintiff. I’m the one who was wronged. The Times should be defending themselves from my accusations that they fired and libeled me as a favor to a police chief.

But this is America.

Deep-pocketed defendants like the Times — owned by a corporation with the weird name Tronc and a market capitalization in excess of $400 million — are taking advantage of America’s collapsing court system to turn justice on its head. In worn-out Trump-era America, the corruption and confusion that used to be associated with the developing world has been normalized.

If you’re a big business like Tronc, you may be the defendant on paper but you have all the advantages in court. Your money allows you to put the plaintiff on the defense. You’re equal in the eyes of the law — theoretically. But it doesn’t feel like justice when the victim has to defend himself from the criminal. It’s like that song “Lola,” in which the Kinks sang “girls will be boys and boys will be girls”; the courts system is a mixed up, muddled up, shook up world.

States like California passed anti-SLAPP laws to defend individuals with modest incomes (like me) against deep-pocketed plaintiffs (like the Times) that file frivolous lawsuits to intimidate and harass their critics. After an anti-SLAPP motion is filed, the case freezes until a judge decides whether the case is meritorious. If the judge says it’s frivolous, it’s dismissed and the poor individual defendant gets his or her attorney’s fees paid by the deep-pocked corporation plaintiff.

After I sued them for defamation and wrongful termination, the Times filed three “anti-SLAPP” motions against me. So if the judge decides I don’t have a good case, this middle-class individual plaintiff will have to pay deep-pocketed defendant Tronc’s legal fees. The Troncies want at least $300,000.

Talk about topsy-turvy! The legislature should fix this law but they won’t because there’s zero political movement in that direction. I may be the only journalist to have criticized anti-SLAPP laws in a public forum. Articles about anti-SLAPP feature nothing but praise.

There were three motions. I lost one on June 21st, against the individual Times employees and executives involved in libeling me. (I plan to appeal.) That loss prompted a parting of ways with my attorneys. What followed was a month of representing myself pro se (in California they call it in pro per).

I now have new lawyers, and we’re waiting to hear how I did arguing against ace lawyer Kelli Sager’s anti-SLAPP motions for the Times and Tronc in LA Superior Court on July 14th. It sucked. But representing myself gave me a full-immersion crash course in just how messed up the courts really are.

The big thing I learned was that poor people have zero access to justice.

Nor do the middle class.

After the June 21st debacle, a semi-retired lawyer friend advised me to file a Motion for Reconsideration, a request to the judge to take another look and perhaps realize that he made some mistakes. The law gives you 10 days to file.

My Motion for Reconsideration was one of numerous motions I would have to draft and file myself while pro se. It was incredibly expensive, wildly burdensome and so daunting I bet 99% of people without a lawyer would throw up their hands and give up.

I’m the 1%.

I’m a writer. I went to an Ivy League school; I was a history major so I’m good at research. I used to work at a bank, where I worked on legal documents so I’m familiar with legalese. So I researched what works and doesn’t work in a Motion for Reconsideration. I crafted an argument. I deployed the proper tone using the right words and phrases.

Most people, not having the necessary skills or educational attainment, wouldn’t stand a prayer of writing a legal brief like this motion. Mine may fail — but the judge might read it and take it seriously because it’s written correctly.

I called the court clerk to ask how to file my motion. She was incredibly curt and mean. I’m a New Yorker so I persisted, but I could imagine other callers being put off and forgetting the whole thing.

Schedule a date for your hearing on the court’s website, the clerk told me. Good luck! The site had an outdated interface, was loaded with arcane bureaucratic jargon and a design that’s byzantine and hard to navigate. If English is your second language, forget it.

Eventually I found the place to reserve a hearing date — where I learned about the $540 filing fee.

Payable only by credit card.

No debit cards.

No Amex.

Protracted litigation against a well-funded adversary like the Times/Tronc could easily require dozens of $540 filing fees. The poor need not apply. Most Americans don’t have that kind of money. And what about people who scrape up the dough but don’t have plastic?

$10 would be too much. $540 is frigging obscene.

I paid the fee, printed out the receipt as required, stapled it to the back of my multiple required copies of the motion and went to the Stanley Mosk Courthouse to file it. As I waited in Room 102 to have my motions stamped by a clerk, I studied the many working-class people waiting in the same line.

Here too, there is no consideration for the people. The clerk’s office is open Monday to Friday 8:30 to 4:30. Most people work during those hours. Gotta file something? You have to take time off. Parking? Expensive and far away.

I have a dream.

I dream of a court system dedicated to equal justice before the law — where anyone can file a motion, where there are no filing fees, where the courthouse is open on weekends, where you can file motions by uploading them online and there’s free parking for citizens conducting business in the people’s house.

But Tronc wouldn’t like that system.

(Ted Rall (Twitter: @tedrall) is author of “Trump: A Graphic Biography,” an examination of the life of the Republican presidential nominee in comics form. You can support Ted’s hard-hitting political cartoons and columns and see his work first by sponsoring his work on Patreon.)

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July 14, 2017 is Bastille Day and Also I Finally Get To Tell a Court What the Los Angeles Times Did to Me

Image result for lapd chief beck

LAPD Chief Charlie Beck. The LA Times protected Beck as an anonymous source in violation of its Ethical Guidelines, which prohibit such anonymity.

If you live in or near Los Angeles and you have Friday mornings off, here’s a Save the Date: LA Superior Court, 111 North Hill Street, downtown LA. Take the elevator up to the 7th floor, to Department 74. Friday, July 14, 2017 at 9 am: be there or be square.

I’ll be defending myself against The Los Angeles Times, which colluded with LAPD Chief Charlie Beck to fire me two years ago. Personally. Pro se.

I’ll be acting as my own lawyer.

My crime? For six years my cartoons in the Times criticized the police in general, the LAPD in particular and Chief Beck personally because of his department’s deplorable history of brutalizing civilians and murdering people of color, widespread corruption and incompetence.

I don’t blame Beck, the LAPD and the LAPD police union, the Los Angeles Police and Protective League (LAPPL) for hating my guts. I’m a political cartoonist. I pissed them off. Cartoons still matter.

If LA cops were nicer and smarter, of course, they wouldn’t have gotten mad at me. They would have remembered their slogan — “to protect and to serve” — and started doing that and stopped beating up young black men. Instead, the LAPD was out to get me.

Being hated by the cops wasn’t new. In addition to the Times, I drew cartoons for Pasadena Weekly. Publisher Kevin Ulrich remembers that I was “infuriating cops, ticking off prosecutors and politicians, and regularly challenging the powers that be at City Hall.” In other words, doing my job.

“In his latest controversy, Rall suspects police officials told the Times to fire him, which would not be surprising,” Ulrich wrote in 2015. “That same request was made of me many times by Pasadena police and other city officials. If the cops in LA despised Rall half as much as did Pasadena’s Blue Crew, it is certainly believable that they would set him up for some sort of fall, just as it would probably be just a matter of time before some ‘lucky’ LAPD officer would run into him on the street.”

Indeed, that’s exactly what I learned after the Times fired and slimed me, portraying me to their readers as a liar and a fabulist in not one but two pieces. The chief of police told the Times to fire me.

So they did.

Chief Beck read a cartoon I wrote about the LAPD’s latest nasty crackdown on the phony crime of jaywalking, which disproportionately targeted working-class and people of color with $200 fines they couldn’t afford. In an online blog I wrote to accompany my toon, I mentioned that I’d been arrested for jaywalking by a mean cop in 2001. The officer, I wrote, had falsely accused me of jaywalking. He threw me against a wall and handcuffed me. An angry crowd gathered.

Beck strolled the single block between the Times and LAPD HQ and walked into the office of then-publisher Austin Beutner. Beutner, a billionaire, didn’t have newspaper experience. But he wanted to be mayor. And Beck was his only major political ally.

The LAPD had long enjoyed a cozy relationship with the Times. The paper relied on the cops for tips, especially after years of slashing the budget for reporters. Cops even ate in the Times cafeteria (me, I had to sign in). But things had gotten even more lovey-dovey under Beutner.

A couple of months after Beutner became publisher, the LAPPL awarded its pet billionaire its “Badge & Eagle Award” for “their dedication to law enforcement” and supporting the LAPD “in all that they do.” Never mind the paper’s “ethical guidelines,” which state: “Awards: Staff members should enter their work only in contests whose central purpose is to recognize journalistic excellence.”

Newspaper stocks have been reliable losers for a long time. But the LAPPL viewed Tribune Publishing, the Times’ parent company, as a solid investment — in influence. As Tribune’s stock plunged, the LAPPL spent tens of millions in pension funds to effectively become the Times’ #1 shareholder. Nothing new there — back in 2009, the LAPPL bought a chunk of the San Diego Union-Tribune, then told a newspaper that that investment bought influence, influence it planned to use to force the firing of editorial writers it didn’t deem sufficiently pro-cop. That paper was the Times.

            Whole lotta cozy going on.

Beck gave Beutner an audio recording secretly made by my cop back in 2001. This proves Ted Rall lied, Beck told him. It shows no angry crowd. No handcuffing. No mistreatment.

The audio was almost all static and traffic noise.

After they canned me and published their first attempt to destroy my journalistic career and send a chilling message to police critics, I had Beck’s secret audio sent to a company that cleaned up some of the noise.

“Take off his handcuffs!” one woman yelled at the cop.

People were on there, all right. And they had lots to say — angry things about police brutality — to the cop.

Did the Times admit they messed up? Nope. They doubled down, publishing a second piece — this one full of even more lies.

So I sued. Did they admit they messed up? Nope. They doubled down, filing a “anti-SLAPP” motion that — get this — argues that I censored the Times with my lawsuit. For having the temerity to try to clean up my libeled reputation, the Times is asking a judge to force me to pay their legal fees — which they say will be at least $300,000.

I lost the first of three anti-SLAPP motions. The main event, against the Times itself, is Friday, July 14th. My attorneys fired me after the first loss, so I’ll be on my own. That’s right: I’ll be representing myself in court.

If you care about a free press, please be there. I’m free for lunch after.

(Ted Rall (Twitter: @tedrall) is author of “Trump: A Graphic Biography,” an examination of the life of the Republican presidential nominee in comics form. You can support Ted’s hard-hitting political cartoons and columns and see his work first by sponsoring his work on Patreon.)

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PRESS RELEASE: Political Cartoonist Ted Rall, Fired by L.A. Times as Favor to LAPD Chief Charlie Beck, Will Personally Defend Himself from Times’ Attempt To Bankrupt Him in L.A. Superior Court on Friday

FOR IMMEDIATE RELEASE

POLITICAL CARTOONIST TED RALL, FIRED BY L.A. TIMES AS FAVOR TO LAPD CHIEF CHARLIE BECK, WILL PERSONALLY DEFEND HIMSELF FROM TIMES’ ATTEMPT TO BANKRUPT HIM IN L.A. SUPERIOR COURT ON FRIDAY

Award-winning nationally-syndicated editorial cartoonist Ted Rall, a Pulitzer Prize finalist, will personally defend himself against his former employer the Los Angeles Times this coming Friday, July 14th at Los Angeles Superior Court at 111 N. Hill. St., Los Angeles. The hearing will occur in Department 74 at 9 am before Judge Joseph Kalin, and is open to the general public.

Rall is suing the Times for defamation, wrongful termination and other charges related to his 2015 firing and publication of two articles which accuse him of lying in a blog post in which he criticized the LAPD for a jaywalking crackdown that unfairly targeted working people and people of color. In his blog, Rall described being roughhoused and handcuffed by a LAPD officer who falsely arrested him for jaywalking in 2001, drawing an angry crowd on Melrose Boulevard. After Rall sued, the Times said that LAPD Police Chief Charlie Beck gave a copy of an audio recording that purportedly showed there was no angry crowd and that Rall had never been handcuffed to ex-Times publisher Austin Beutner. But, when Rall had the noisy static-filled tape enhanced for clarity, it showed the angry crowd and evidence he had been handcuffed. Despite being presented with evidence that vindicated Rall’s account, Times executives refused to reconsider their decision.

Rall has drawn many cartoons critical of the LAPD and several mocking Beck.

At the time, Beutner and Beck were political allies. Beutner had recently received the “Badge and Eagle Award” from the LAPPL police union for supporting the LAPD “in all that they do.” The LAPPL owned tens of millions of dollars of stock in Tribune Publishing (now Tronc), the Times’ corporate parent. The Times fired Beutner shortly after firing Rall.

Rall is the aggrieved party. His First Amendment rights were crushed by Times-LAPD collusion. His firing sent a chilling message to journalists in Southern California about criticizing the police.

High-powered Times lawyer Kelli Sager, a senior partner at a major white-shoe law firm, has filed three anti-SLAPP motions against Rall. California’s legislature passed the anti-SLAPP law to protect individuals like Rall from being harassed by litigation filed by deep-pocked corporations like Tribune Publishing. Here, the Times (part of a $415 million national media conglomerate) is abusing and perverting the anti-SLAPP statute in order to try to bankrupt Rall, a cartoonist whom the Times paid $300 per week. If the Times wins, the Court will order Rall to pay the Times’ legal fees.

This Friday morning, Rall will defend himself against Kelli Sager pro se. This is because Rall’s attorneys, Shegerian & Associates, have abandoned him at this key conjuncture in the case.

Note: If Rall is granted a continuance — normally a common courtesy — to allow himself to secure new lawyers and allow them to familiarize themselves with his case, he will not be required to argue his case Friday.

Rall will be available to answer questions and welcomes supporters and interested parties to witness the hearing.

Contact

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Got Justice? I Desperately Need Your Help.

I need a new lawyer.

A courageous lawyer in LA? They’re hard to find. When I Googled “crusading Los Angeles attorney,” all I found were obituaries. But that’s what I need — because my lawyer dumped me days before the most crucial hearing of my case.

Image result for latimes lapd

So if you know a great wrongful termination and/or defamation lawyer in LA or in CA and able to litigate in LA, I need to hear from you post haste. You can email me here.

In 2015 I sued the LA Times for defamation and wrongful termination. This was after they published two articles accusing me of lying in a blog post based on an audio tape they claimed to have gotten from the LAPD. In fact, the audio proved I’d told the truth — but the Times still refuses to admit they’re wrong, publish a retraction and give me back my job as a cartoonist.

Rather than do the right thing and back down, the Times hit me with three “anti-SLAPP motions” that accuses mean old me, their former $300/week cartoonist, of suppressing the First Amendment rights of sweet little LA Times, owned by a wee $416 million corporation. They want me to pay them $300,000 for their legal fees. Believe it or not, they claim in LA Superior Court that they have the right to lie and defame people because they’re a newspaper and because there’s a “public interest” in what they publish.

On June 21, the Times won the first of their three anti-SLAPP hearings, against the individual defendants: Austin Beutner, the ex-publisher who received the sketchy audio from his pal LAPD Chief Charlie Beck; reporter Paul Pringle, who pretended to investigate it; and the authors of the two libelous articles about me, Nick Goldberg and Deirdre Edgar. This can be appealed within 60 days.

I can’t get into detail about what went down with my law firm, but the basics are this: I was always super polite and nice. After our June 21 defeat, I wanted to meet with my lawyers to discuss strategy so that we didn’t get beaten again at the June 28 hearing, the main event against the LA Times and Tronc, the Times’ parent company. They said no, they didn’t have time. I asked for a more experienced litigator. They said no.

They sent me a Notice of Termination. I don’t know why.

(To any lawyer reading this and considering whether to look at my case: I’ll send you all this stuff so you can see I’m telling you the real deal.)

So here’s the deal: Unless I find a new lawyer by Friday, July 14th, I — former $300/week cartoonist — will have to appear pro se, representing myself on California’s complicated anti-SLAPP law against one of the state’s top experts in the field, a partner at a giant law firm. It will be very Mr. Smith Goes to Washington, but I’m not a lawyer.

If I get a lawyer, he or she will get a few weeks to familiarize themselves with the case.

Lawyers all over California are turning me down: not enough time, too busy, on vacation, too complicated, troublesome to take over a case from another lawyer, conflict of interest. Even so, most agree that if we can get past anti-SLAPP and get our case in front of a jury, they will rule for justice and against the LA Times, which has been corrupted by the LAPD.

I knew there would be bumps in the road when I decided to take on the LA Times and by extension the LAPD, and this is a big one. I desperately need your help.

I can’t do this alone.

P.S. People are asking about the ACLU of Southern California. They are not returning my calls or emails.

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SYNDICATED COLUMN: I’m in Awe of the Liars at the Los Angeles Times

Image result for liar

There’s a scene in the movie “Idiocracy” in which a character cheers as cops blow a car to smithereens. “That’s your car!” another, less dumb, character points out. The idiot, a lawyer named Frito, keeps cheering.

I felt kind of like the less-dumb guy in Los Angeles Superior Court a week ago, when I watched a lawyer for the Los Angeles Times defame me and twist the facts to a level rarely seen outside a White House press briefing.

I was Kelli Sager’s victim. Sager, a partner at the pro-business law firm Davis Wright Tremaine, is a shark. She argued before a judge that the Times was right to knowingly lie about me in its pages, that the First Amendment meant the Times was immune from defamation and libel law, and that I should pay the Times hundreds of thousands of dollars for their legal fees for having had the temerity to sue them.

And, she was successful (for the time being). It was strangely thrilling to watch a professional — granted, a professional dissembler for a newspaper corrupted beyond belief — at the top of her game.

To paraphrase Hunter S. Thompson: when the lying gets weird, the liars turn pro.

For decades, the Los Angeles Times was one of the best newspapers in the United States. It was arguably the best full-service paper — like the New York Times, LA had all the foreign bureaus and deep national and local coverage required of a great news organization, along with the features New York doesn’t carry but readers like me enjoy: comics, horoscopes and advice columns.

Every newspaper has struggled to adapt to the Internet. But the LA Times has had more trouble than most. If I were in charge, I’d rebrand it. The New York Times is the national paper of news and culture, the Washington Post is the national paper of politics, the Wall Street Journal is the national paper of business, and the Los Angeles Times ought to be the national paper of entertainment — movies, music and gaming. Instead, the LA Times is doing things the same way they did in 1997, but less so.

Things turned from bad to worse in 2000, when the Tribune Company (as in the Chicago Tribune) acquired the Times. Flailing ensued. The Times’ idiocy culminated in 2005 with “Wikitorial,” a bizarre experiment that allowed readers to add to editorial content. In 2007 Tribune sold itself to real estate mogul Sam Zell, who ran up debt, sucked money out of the company and “busted” it, declaring bankruptcy a year later. It was the beginning of the end.

I began working for the Times in 2009.

Desperate for cash, the Times turned to a sketchy Los Angeles financier and billionaire with no journalistic experience, Austin Beutner, naming him as publisher in 2014. Beutner, a political ally of the LAPD who received an award for “support [to] the LAPD in all that they do” from the LAPD union months after taking over the Times, appears to have midwifed the first known acquisition of a major American newspaper by a government agency: the LAPD union moved its $16.4 billion pension fund to a Beverly Hills investment firm called Oaktree Capital, which then became the #1 shareholder of Tribune, the Times’ parent company.

Like cats and mice, cops and newspapers shouldn’t go into business together. In 2015, billionaire Beutner fired me as a favor to his friend, the allegedly corrupt $300,000-a-year LAPD Chief Charlie Beck, whom I had criticized in my cartoons. They used evidence that turned out to have been trumped-up, and which boomeranged because it supported me, to smear me as a liar and fabulist. So, I sued them for defamation and wrongful termination. The Times then fired Beutner.

On June 21, the court heard the Times’ first of three anti-SLAPP motions against me. Anti-SLAPP motions are supposed to protect free speech, but in this case the Times — part of a $420 million media conglomerate — is asking the court to dismiss my case and charge me at least $300,000 in their legal fees.

The Times has been busy in court. They’re also fighting a pair of age discrimination lawsuits filed by a sports columnist and a Pulitzer-winning reporter who say the Times tried to save money by harassing them into quitting their jobs.

Nothing is sure in life or in court, but I feel confident than a jury would agree with me that what the Times did to me was wrong. I think Kelli Sager, the Times’ lawyer agrees. Which is why she’s been working hard to keep my case away from a jury.

On June 21, Sager fed the judge a bunch of nonsense, but two things she said during oral arguments especially blew me away.

Referencing the first of two articles which falsely accused me of being a fabulist, Sager told the judge that the Times had included links to LAPD records (they’re not really from the LAPD but that’s another story) so Times readers could judge for themselves. No, actually, they didn’t. No one objected.

Sager even brought up race. She accused me, as a white man, of falsely accusing the African-American cop who arrested me for jaywalking in 2001 of misconduct —because he was black.

The mind boggles.

As we walked down the escalator, my lawyer remarked that I had never told her the cop was black. “Because I never mentioned it,” I told her. “Because it wasn’t important.”

I’m in awe.

(Ted Rall (Twitter: @tedrall) is author of “Trump: A Graphic Biography,” an examination of the life of the Republican presidential nominee in comics form. You can support Ted’s hard-hitting political cartoons and columns and see his work first by sponsoring his work on Patreon.)

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A Bad Day in Court

I got a taste yesterday of how Gary Webb, another victim of the LA Times’ corrupt relationships with sleazy government entities, may have felt. Here’s an update on my defamation and wrongful termination case against the LA Times:

Perhaps in order to run up her legal fees, LA Times attorney Kelli Sager split the defendants’ anti-SLAPP motions against me into three tranches of defendants, each with its own set of documents and hearing dates.

Yesterday LA Superior Court ruled in favor of the Times’ anti-SLAPP motion regarding the four individuals: fired former publisher and billionaire Austin Beutner, a political ally of the LAPD union who received a patrolman’s personal LAPD files in a secret meeting with LAPD Chief Charlie Beck that the Times refused to disclose to readers; editorial page editor Nick Goldberg, who authored a piece announcing my firing and calling me a liar, and then ignored evidence that he was mistaken; readers’ representative ombudsman Deirdre Edgar, who authored a second piece calling me a liar that itself contained multiple lies about said evidence; and reporter Paul Pringle, who failed a reporters’ basic responsibility to fully investigate the matter despite being assigned to do so.

This decision can be appealed to the Court of Appeals.

Next week, at 9 am on July 28th at LA Superior Court, the same court will consider the Times’ second tranche of anti-SLAPP motions, these for the corporate entities the LA Times and its parent company Tronc (formerly Tribune Publishing).

Anti-SLAPP was designed by the California state legislature to protect individuals expressing their free speech rights from being silenced by deep-pocketed corporations using frivolous lawsuits to intimidate them and others. Ironically, the Times — owned by Tronc, a $420 million corporation — is abusing the statute to try to destroy me, their former $300/week cartoonist.

Until anti-SLAPP is resolved, discovery is not allowed. I have to prove, without discovery, that I am likely to prevail before a jury. If the Times ultimately prevails on anti-SLAPP, I would be ordered to pay the Times’ legal fees, which the Times said last year would amount to at least $300,000.

The fight continues.

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Updates: My Stupid Eyes, The Stupid LA Times

Thanks to everyone who has been supportive over my struggle against a severe case of viral conjunctivitis. I am both sorry and happy to report that there hasn’t been a significant improvement in my vision. On the other hand, it hasn’t gotten worse. It isn’t unheard of for these cases to drag on for months or even over a year. Basically, I can see but things are blurry. And while the itching and pain are gone, there’s still a lot of tearing. Of course, seasonal pollen doesn’t help. Anyway, it goes on.

Speaking of pains in the ass that won’t go away, the Los Angeles Times is continuing its campaign of McCarthyist retaliation against me for taking on the LAPD (whose pension fund effectively owned the parent company of the LA Times at the time). Yesterday they filed the first of three — of a second set! — of anti-SLAPP motions directed against me. Their goal: to bankrupt me by forcing me to pay their legal fees! That’s right: a $500 million corporation wants to make me pay at least $300,000 to them. (They paid me $300/week before they fired me in a corrupt secret deal with LAPD Chief Charlie Beck.)

I am suing the LA Times for defamation, wrongful termination and blacklisting, as well as other charges related to their publication of two libelous pieces about me in which they described me as a liar even though I was telling the truth. The Times is terrified that my case will get in front of a jury, so they’re abusing the anti-SLAPP statute — which was designed to protect small-time individual whistleblowers against big corporate institutions like the Times — to try to bankrupt me.

You can learn about the Times’ sleazy tactics and contribute if you are so moved here.

My lawyers are preparing their response to the Times’ disgusting anti-SLAPP motion this week.

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SYNDICATED COLUMN: Sue the SOBs? It’s Harder Than You Think

8-15-16

Are you one of those Americans who say it’s too easy to file a lawsuit? As I can tell you from personal experience, it’s anything but. The canard that U.S. courts are jammed up by litigious jerks is based on anecdotes spread by corporate propaganda.

We do need “tort reform” — but we should make it easier to sue, not harder.

What about all those “frivolous lawsuits” you’re always hearing about? You hear about them because deep-pocketed corporations run TV ads complaining that they’re being victimized by predatory trial lawyers. The truth is, big companies don’t want to be held accountable in the courts for their misdeeds.
What most people don’t know is that judges are good at ferreting out frivolous lawsuits before they get very far. If you get sued, the first thing your defense lawyer will do is file a “motion for summary judgment” — a request that the judge throw out the case because it’s weak. Between this and other methods of winnowing out bad cases, at least 95% of civil claims never make it to trial.

The dirty secret is that American courts have created so many hurdles to sue that it’s become daunting for all but the most determined plaintiffs to pursue justice. My case against The Los Angeles Times illustrates how hard it is for an individual to sue a large entity.

The Times fired me as its editorial cartoonist in July 2015, apparently as a favor to LAPD’s police chief, whom I had mocked in my cartoons.

Neither I nor Times readers were aware that there was a conflict of interest between the paper and the fuzz: the LAPD’s union pension fund was a major shareholder of the Times’ parent company.

It ought to be illegal for a government agency or an entity associated with a government agency to buy stock in a media company — but it isn’t.

The Times published an article accusing me of having lied in a blog post. I was able to show that I’d told the truth. But after I sent the Times the exonerating evidence — which attracted worldwide media attention and calls for my reinstatement — instead of issuing a retraction and giving me back my job, Times executives doubled down, publishing a second piece reaffirming the first one. In March 2016, I filed suit in LA Superior Court against the Times for defamation, wrongful termination, blacklisting and other charges.

As I expected, the Times’ defense attorney filed a motion to dismiss my case on the grounds that it was not meritorious. The judge denied.

After that, California’s legal and financial hurdles became nearly insurmountable.
When free speech groups like the Electronic Frontier Foundation get behind something, I’m usually all for it. The First Amendment is my religion. But speech advocates’ support for a federal anti-SLAPP law is wrong — and terrible for freedom of expression. Perhaps they haven’t thought this all the way through.

Twenty-eight states and D.C. have passed anti-SLAPP laws. On paper, they sound great. A “SLAPP” (strategic lawsuit against public participation) is a lawsuit the plaintiff doesn’t think he’ll actually win. The purpose of a SLAPP is to harass you by forcing you to hire a lawyer and tie you up in court. It’s an intimidation tactic sometimes used by big companies to silence individual whistleblowers and critics. Is the problem really widespread? No one knows. No one has done a serious study.

If you get sued in a state with an anti-SLAPP statute, your anti-SLAPP motion is a powerful tool. Discovery (depositions, subpoenaing of evidence) halts. If the judge rules in the defendant’s favor that a suit is frivolous, the case gets tossed and the plaintiff pays the defendant’s attorney fees. This is supposed to make jerky plaintiffs think twice before filing a SLAPP.

There are two big problems with this theory.

First, anti-SLAPP isn’t likely to deter frivolous SLAPPs filed by wealthy companies and individuals. Wealthy entities have more than enough money to litigate anti-SLAPP and to absorb the potential awarding of attorney’s fees to defendants. In fact, proponents have never come up with any statistical evidence that anti-SLAPP laws deter frivolous lawsuits.

Second, the intent of anti-SLAPP laws — to protect the little guy from the big guys — is constitutionally prohibited. You can’t grant rights to some defendants but not others; there are plaintiffs and defendants, period. So there’s nothing to prevent a rich megacorporation from using anti-SLAPP against Joe Schmoe.

Which is how the LA Times, the fourth largest newspaper in the U.S. and part of a $512 million media conglomerate, was allowed to file an anti-SLAPP motion against a $300/week cartoonist. In other words, the Times censored my cartoons and tried to ruin my journalistic career for their owners, the police. Then they accused me of violating their First Amendment rights!

Starting with their anti-SLAPP motion, Times’ lawyers have unleashed a barrage of tactics to delay my suit and harass me. And it’s worked — for nearly a year, I haven’t been able to question Times editors or LAPD officials under oath or subpoena documents that would help me build my case — or my defense to the anti-SLAPP motion. I’ll get my case before a jury in 2018 or 2019 — if I’m lucky.

Or I’ll be broke.

Three days of anti-SLAPP hearings in Rall v. Los Angeles Times begin February 28th in LA Superior Court. My attorneys spent many hours preparing our opposition to that motion. Legal fees aren’t cheap, so the expense of defending against an anti-SLAPP filing before the case even begins is enough to deter some plaintiffs from filing valid lawsuits.

If the judge rules for the Times, I’ll be ordered to pay the Times their legal fees. The Times told the court their bills would be at least $300,000. If she rules for me, the Times can and probably will appeal to the Court of Appeals. That means more work for me and my lawyers and months, maybe another year, of delay — and justice delayed is justice denied. If the appellate court agrees with the Times, my case gets thrown out and I’ll have to pay the Times’ bills — which by then will be significantly higher.

I know I’m right. And I think the law is on my side. But by filing a lawsuit in an anti-SLAPP state, I’m risking bankruptcy. How many would-be plaintiffs get scared away from pursuing their legitimate claims? How many defendants get away with illegal behavior by abusing anti-SLAPP laws?

Anti-SLAPP opens the door to unfair defense tactics. LA Times lawyers invoked an obscure California statute to require me, as a non-California resident, to post a cash bond to guarantee the Times’ legal bills if they win on anti-SLAPP. They asked for $300,000; the judge knocked it down to $75,000. Just to keep my case going — before it begins, really — 75 grand was the cost of entry.

Thanks to concerned readers who gave to my GoFundMe campaign, I raised the $75,000. After I turned over the money to a bond company who filed it with the court (more fees there), the Times tried to get the case thrown out on the ground that the form hadn’t been filled out perfectly.

Still think it’s too easy to sue?

There’s hope for change. In 2015 Washington State became the first state to find its anti-SLAPP statute unconstitutional because it denies plaintiffs their fundamental right to a trial by jury. Anti-SLAPP, the Washington Supreme Court ruled, “seeks to protect one group of citizen’s constitutional rights of expression and petition — by cutting off another group’s constitutional rights of petition and jury trial.” Minnesota and D.C. may do the same.

Congress should pass a federal law about this — one that bans anti-SLAPP laws.

(Ted Rall is author of “Trump: A Graphic Biography,” an examination of the life of the Republican presidential nominee in comics form. You can support Ted’s hard-hitting political cartoons and columns and see his work first by sponsoring his work on Patreon.)

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You Did It! $75,000 Crowdfunding Effort Succeeds, LA Times Court Bond Filed

YOU DID IT!

746 people.

$75,390.

Thanks to you, we beat back the Times’ despicable attempt to deny me a chance to prove my case in court.

Thank you so much.

Below I am posting an image of the bond filed at LA Superior Court. Amazing that so much money buys you such a crappy piece of paper! I was expecting a wax seal and gold embossing.

Here’s what happens next:

Additional donations up to $80,000 will help cover the 5% GoFundMe fee of $75,000 x .05 = $3750, plus the $1250 bond company fee, for a total of $5000.

Donations over $80,000, if any, will be applied to legal expenses such as flying from New York to Los Angeles to consult with my attorneys and to attend hearings.

At a hearing on Tuesday, August 23, the judge will be informed that we filed the required bond. That means the case moves forward. Thank you!!!

The Times’ anti-SLAPP motion is currently scheduled to be heard in March 2017. (The court could change the hearing date.) We will use the months between now and then to draft our defense to their anti-SLAPP motion.

If the judge rules for the Times, I will be hit with a judgement for the Times’ legal fees, which are expected to reach hundreds of thousands of dollars. The $75,000 bond would be applied toward that balance. The Times will go after me for the rest.

If the judge rules in our favor, the Times has the right to appeal to the Court of Appeals. Given their contemptuous behavior so far, we expect them to do that. We don’t know how long it would take to get a hearing date.

Again, if the Court of Appeals rules in the Times’ favor on anti-SLAPP, the Times will go after me for their legal fees.

If the Court of Appeals rules for me, however, we move forward toward trial in LA Superior Court on the fundamental issues of this case: wrongful termination, blacklisting, defamation, etc. We begin discovery, depositions. Finally, there is a court date.

After a verdict, of course, the  system provides for appeals to higher courts.

I am prepared for a long fight against an intransigent and unrepentant adversary, a corporate conglomerate without a conscience. I am mentally and physically strong. I have stamina and a lot of energy. Most of all, I have the truth on my side.

I want two things:

Accountability for Austin Beutner, Nick Goldberg, Paul Pringle, Deirdre Edgar, the Times, and Tronc. No one should be allowed to get away with what they did.

Exposing the corrupt relationship between the Times and the LAPD, and more generally between the press and the police, and government. In our system, you have to be rich or have (as I do) a public platform in order to get justice. It’s incumbent upon those few Americans who have the chance to fight back to show people what the system is really about: cozy backroom deals by the elites, who are determined to protect their privilege at the expense of the rest of us.

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Here is the court filing document, filed Tuesday at LA Superior Court. When we realized that it would take 2-5 business days for GoFundMe to release funds and perhaps an additional full business day for the bond company to issue the bond and get it filed, a very generous friend of a friend stepped forward with a very short-term loan so we could get it filed by today’s deadline. He was certain that this fundraiser would succeed. He had blind faith — in you, in me, that justice would prevail.

He’ll be repaid by early next week, after the GoFundMe money hits my account.

Bond

BondStamp

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