Rall v. LA Times: Lawsuit Update

Here’s the latest on my defamation and wrongful termination lawsuit against the Los Angeles Times. At the first of three hearings to consider the Times’ anti-SLAPP motions against me, the judge in the case chastised both the Times’ and my attorneys for violating court rules governing page counts. The problem began because Times’ attorney Kelli Sager submitted a 27.5 page anti-SLAPP motion against me, asking the court to dismiss my suit and award the Times’ its six-figure legal bill. Court rules limit the page count to 15. We adhered to the 15-page limit, but it wasn’t possible to reply to 27.5 pages of argument with 15 pages. So in order to effectively counter the Times’ 27.5 page motion, we used a smaller font size. According to Law360.com: “At the start of the hearing, Los Angeles Superior Court Judge Teresa Sanchez-Gordon announced she was continuing the hearings on all three motions to future dates and asked that the parties respectively submit…
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SYNDICATED COLUMN: Democrats Can Only Beat Trump By Out-Trumping Him

At a water cooler or Starbucks near you, speculating about Donald Trump’s psychological state is America’s newest cultural obsession. Is the president crazy? Or crazy like a fox? I don’t know. What I do know is that Trump’s Democratic opponents are doomed if they think they can beat him by acting reasonable. Haven’t they learned anything from Hillary’s disastrous “when they go low, we go high” shtick? Point of order: what follows are musings about political strategy, not an impassioned “Trump is evil and here’s how to get rid of him” advisory column. If this makes you want to read no further, here’s the big reveal: Democrats are congenital wimps. Still here? Awesome. This Week In Trump (TWIT): the president accused ex-president/drone killer/kitesurfer/eight-figure author Barack Obama of having his phones tapped during last year’s election. Is he right? I don’t know. What I do know is that corporate media is ridiculing Trump for “offering no evidence.” That phrase was in…
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SYNDICATED COLUMN: Republicans May Impeach Trump

Campaign Ad: Paul Ryan for President 2020. Speaker Ryan speaks into the camera. “Impeaching a president from my own party wasn’t an easy decision,” Ryan says, looking sober as footage of disgraced former president Donald Trump departing the White House for the last time appears. “Sometimes principle” — he pauses for a half-beat — “comes before party.” A full beat. “Country always comes first.” Narrator: “He stood tall when America needs him most. Ready to make the tough decisions when they matter most. Paul Ryan for President.” Trump-haters want Democrats to push for impeachment. Setting aside the Dems’ congenital cowardice and the arithmetic — a minority party can’t impeach anyone — the real danger to Trump is his nominal Republican allies. On the surface, Congressional Republicans appear to have been shocked and awed by the president’s surprise victory and ideologically aligned with a Trump Administration whose hard-right cabinet is prepared to grant every item on the GOP’s wish list. But…
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SYNDICATED COLUMN: Sue the SOBs? It’s Harder Than You Think

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…
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SYNDICATED COLUMN: Why Won’t Democrats Kick Trump While He’s Down?

Trump is failing bigly. Why aren’t Democrats taking advantage of this amazing opportunity to rebuild their party? Barely four weeks in office and the president has his first scandal. Flynngate has everything a president doesn’t want: a top national security official accused of treasonishness, messy investigations afoot, reinvigorated enemy journalists smelling blood. At first glance, losing a Labor Secretary nominee might not seem to matter. All the other cabinet picks got through; Labor isn’t State. Still, Andrew Puzder’s withdrawal reveals staggering incompetence. Trump’s #1 issue was illegal immigration. Puzder hired an illegal immigrant; dude was a billionaire too cheap to pay her taxes. Seriously? Trump’s first major policy move, the Muslim travel ban, ended in tears — within hours. So-called judges and their stupid “Constitution”! Political journalists have a technical term for a cluster–k like this at such an early date in an Administration: a s–tshow. So where are the Democrats? The only thing more baffling than the Great Republican…
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SYNDICATED COLUMN: Long Before Trump, News Media Wallowed in “Alternative Facts”

Most of the news media is at war with Donald Trump, and rightly so. First, journalists should always be at war with the governments they cover. Nonadversarial journalism isn’t journalism — it’s stenography. Second, Trump Administration officials’ refusal to even pretend to be interested in the truth, immortalized by Kellyanne Conway’s notorious praise of “alternative facts,” demands highly caffeinated contempt. But let’s not forget an inconvenient truth. Pre-Trump, the watchdogs of democracy were mostly lapdogs, gently licking the blood-soaked hands of those who fed them: America’s political and corporate elites. Media malpractice has been so sustained and widespread that it’s hard to know where to start. Opinion pages and cable news panel shows where no one to the left of Hillary Clinton is allowed? The abandonment of local news coverage? Massive social and economic upheavals ignored because they only afflict the poor and the middle-class-en-route-to-poor: the rusting of the Rust Belt, the meth and opioid epidemics, the replacement of good…
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SYNDICATED COLUMN: How I’ll Know It’s Time To Flee Trump’s America

  The Clash asked. Now I am too: Should I stay or should I go? Celebrity liberals always threaten to head for the exits if a presidential election doesn’t go their way. Then they renege. This year is different: some Americans really are leaving. An early indicator of Trump-inspired flight came on Election Night, when Canada’s immigration website crashed due to visitors from the lower 48. Whether these scaredy-cats are motivated by Trump’s come-from-behind victory — so this is America? — or by the grim reality of Trump’s cabinet picks and executive orders — so he’s keeping his fascist campaign promises? — this is the first time I’ve seen people actually up and go in response to an election. “Trumping out” is far too tiny of a phenomenon to qualify as an official Thing. By mid-December, only 28 Americans had applied for asylum. But my instincts tell me that’s about to change. And my instincts are pretty sharp: counting yard…
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SYNDICATED COLUMN: The Case for Left Nationalism

Make America Great Again. Trump’s campaign slogan was a direct appeal to nationalism. As a son of the Rust Belt city of Dayton, Ohio, I wasn’t surprised to see that it worked. People in the postindustrial Midwest and in much of the rest of flyover country are tired of being ignored by the urban coastal elites who seem to think laid-off factory workers should shake off their blues and get a job as a coder. Not that the children of the dispossessed stand a better chance: Silicon Valley is a great wealth generator but a lousy job creator. Many highly skilled American tech workers are unemployed, cheated out of jobs by sleazy companies who abuse the H1B visa program to hire compliant foreigners for a fraction of the cost. If you’re one of the millions of left-leaning Americans shocked and awed at Donald Trump’s first week as president, his “America First” inauguration speech, his orders to build his Mexican border…
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SYNDICATED COLUMN: The Women’s March Failed But Was Hopeful Too

                  On Saturday, January 21st, three times as many people attended a demonstration against Trump as showed up the day before for his inauguration. Solidarity marches across the nation drew hundreds of thousands, perhaps a million, more. The turnout was impressive. It vexed the new president. But what did the Women’s March mean? Despite what pundits said, the Women’s March was not a movement. Nor was it the beginning of a movement. It was a moment: a show of hands: “I’m against Trump,” these women (and men) told the world. Question was, who/what do they want to replace him? As Occupy Wall Street instigator Micah White pointed out, Women’s Marchers didn’t issue any demands, much less posit a desire to achieve political power. “Without a clear path from march to power, the protest is destined to be an ineffective feel-good spectacle adorned with pink pussy hats,” he warned. Like other protests of the last few decades, the Women’s March was…
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SYNDICATED COLUMN: The 3 Rules of Resistance to Donald Trump

                To the French, it felt like the end of the world. 1940: defeated in six weeks, surrender, subjugation, overrun by German soldiers whose power of life or death were absolute and absolutely capricious. Fascism triumphant; organized resistance as yet unimaginable. Simone de Beauvoir, who dedicated herself to the study of ethics, struggled to adjust to everyday life in Nazi-occupied Paris. On the Metro, a German soldier — Wehrmacht, low-ranking and therefore a conscript? — asked for directions. Seemed like a nice kid. Besides, refusal was dangerous. But he was an invader. What was the right thing to do: a little treasonous help, or send him to some dangerous neighborhood? On a macro level, the French had to decide to what extent to cooperate with the terrifying new regime. On one extreme were the collaborators and war profiteers who exploited their fellow citizens, welcomed every chance to advance their personal fortunes and thereby legitimized the Nazis and the Vichy-based puppet…
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