Tag Archives: LA Times

Internal Affairs Is a Joke

Listening just now to NPR talking about internal affairs departments that “self investigate” the police, I naturally think about my now-notorious encounter with an LAPD motorcycle officer on October 3, 2001.

First and foremost, the cop watched me cross the street legally, with the signal, within the crosswalk, safely, without traffic. He arrested me for jaywalking. He knew it was false. He wrote me a bullshit ticket because he could. I assume he needed the numbers.

He roughed me up and handcuffed me for no reason. This was after I’d already voluntarily presented my ID. Obviously I wasn’t going to run away.

He was snotty and rude throughout the encounter, which culminated with him uncuffing me and throwing my driver’s license into the gutter after pretending to hand it back to me. I was scrupulously polite and cooperative the entire time.

I filed a complaint with the internal affairs department of the LAPD. They never contacted me. I called and left a message but they never got back to me. Finally they sent a letter saying that they had investigated and found my claim groundless. Of course, they never investigated. How could they? They never talked to me.

IA is a joke. That same year, the internal affairs division of the Los Angeles police department found that zero out of 1356 bias complaints were legitimate. At the same time, fewer than 2% of police officers are responsible for over 50% of complaints filed by citizens. That’s one hell of an interesting coincidence.

Numbers are similar elsewhere. In New York, internal affairs investigated 2495 reports of police bias over four years. IA agreed with citizens 0% of the time, cops 100% of the time.

A person well-connected with LAPD asked around the department about my cop. “A real asshole,” he reported back. “He has a terrible reputation.” That’s not surprising. The officer worked for the infamous West Traffic Division, where quotas were so rampant that police who refused to issue false tickets were retaliated against and discriminated against. The city ultimately had to pay out millions of dollars to settle lawsuits filed by good cops who were treated like shit by the LAPD because they followed the law.

(This was the cop the LA Times pretended to choose to believe over me when I related the above account in a blog for the LA Times. They fired me and labeled me. I sued. The LA Times has fought ferociously to avoid letting me have my day in court over this. Right now things look pretty bleak. Even though the LA Times knows for a fact that I told the truth, and have admitted as much in court, they continue to try to bankrupt me. So far it’s going  well. For them.)

To put it mildly, I have no respect and only contempt for the police. And I have even less respect and even more contempt for what pretends to pass as a system of justice. The whole system needs to be destroyed.

Why Centrist Democrats Can’t Get to Bernie Sanders

Centrist Democrats find themselves in a quandry: the more they attack Bernie Sanders, the more that voters support him. If only there was a solution.

Full Text of National Writers Union Amicus Letter

The NWU has joined six other free-speech organizations in supporting my lawsuit against the LA Times with an Amicus Letter to the California Supreme Court. It is so great to see people stepping forward and standing up against billionaire Dr. Pat Soon-Shiong, whose LA Times is bullying me on behalf of the Los Angeles Police Department.

Here is the text of their letter:

Text of CRNI Amicus Letter

The Cartoonists Rights Network International compares what the LA Times did to me to repression in Turkey, Malaysia and Equatorial Guinea.
 
Here is the complete letter CRNI was kind enough to send to the California Supreme Court in opposition to the LA Times’ motion that I pay billionaire Dr. Pat Soon-Shiong (owner of the Times) hundreds of thousands of dollars in legal fees.

Ted Rall vs. LA Times: Here’s Rall’s Appellate Brief Challenging the Times’ Nasty, Abusive “anti-SLAPP” Motions

Yesterday my attorneys filed, and California’s Court of Appeals accepted, our Appellate Brief in my defamation and wrongful termination lawsuit against the Los Angeles Times et al.

I sued in 2015. The Times filed three anti-SLAPP motions against me, halting the case because they’re scared of facing a jury and want to intimidate me. In 2017 a lower-court judge ruled for the Times, ordering me to pay them $350,000 in the Times’ attorneys fees. This document is our appeal of the 2017 decision.

If successful, the $350,000 judgement will be vacated and I can build my case to take to a jury.

If not, the $350,000 stands, plus more fees for the Times defense of this appeal. And my case dies. And Californians who work for media companies will have no recourse in the courts if their employer discriminates against them, even if they do so for racist or sexist or homophobic reasons.

Please read our brief below; it’s an interesting read. I look forward to hearing your thoughts and reactions. Thank you for your incredible support!

 

Ted Rall vs. Los Angeles Times: anti-SLAPP Appellate Brief by Ted Rall

Today We Are Challenging the LA Times’ anti-SLAPP Motion in California’s Court of Appeals

California anti-SLAPP rulings are automatically appealable “de novo” ( which means the higher court looks at it with “fresh eyes”) to the Court of Appeals. Therefore, today my attorneys Jeff Lewis and Roger Lowenstein are filing our appellate brief in Ted Rall vs Los Angeles Times et al. We are asking the justices to overturn the lower court ruling issued last summer, which found that the Times has an absolute privilege under the First Amendment to publish anything it wants about anyone, even it’s false and libelous. The lower court acknowledged in its ruling that the enhanced audio showed that I wrote the truth in my May 2015 blog post about jaywalking.

Even though California’s anti-SLAPP law makes it extremely difficult to sue for defamation, we do not believe the law was intended to, nor does it say, what the Times is arguing. So we are fighting on.

This path is not without risk. The lower court awarded the Times about $350,000 in legal fees, and ordered me to pay them. If the Court of Appeals agrees with the Times, my case will be dismissed and I will have hundreds of thousands in additional fees.

Nevertheless, it is important that victims of injustice stand up for themselves, and not just for their own sake but for the betterment of society. If the LA Superior Court ruling stands, it would create a precedent that would effectively legalize libel. This could ruin countless lives and careers. In addition, the Times must be held accountable for its corrupt collusion with the LAPD. Media organizations should not create financial partnerships or close associations with law-enforcement agencies they are supposed to cover objectively. Given that the Times publisher was friends with the chief of police whom I mocked in my cartoons, is it any wonder that the LA Times does a lame job reporting on police malfeasance and violence against people of color?

After the court accepts it, I will post and disseminate a copy of our Appellate Brief online. If you wonder why the press is in trouble these days, it’s worth a read.

You can support my legal battle against the LA Times here.

Ted Rall v. LA Times et al. – Lawsuit Update

Remember this the next time someone tells you it’s too easy to file a lawsuit in American courts. We need tort reform, but not to make it harder. It needs to become easier to seek justice!

As I wrote earlier, a judge in LA Superior Court ruled against me in the first round of anti-SLAPP motions filed against me by the LA Times. The Times is deploying anti-SLAPP — a law promoted as a way to protect whistleblowers and critics against wealthy corporations — against me because I am suing them for defamation and wrongful termination. (This was after they falsely claimed I had lied about being roughed up by an LAPD police officer in the course of a jaywalking arrest, and continued to lie after I used their own evidence to prove it. The Times and its publisher had a close financial and political relationship with the LAPD, which I had repeatedly criticized in my cartoons.)

On November 20 the ethics-impaired LA Times — terrified that my case might someday be heard before a jury of my peers — continued its scorched-earth litigation tactics and asked a judge to issue a judgement against me for about $350,000 of the Times’ legal fees. The fees included Times lawyer Kelli Sager’s $705/hour fee, which she described as “discounted.” It also included fees for preparing the anti-SLAPP motions themselves, which violated court rules by running 27+ pages instead of the allowed 15, and a previous judge threw out of court.

The Times also requested that I be forced to post an “appeals bond” equal to 1.5 times the value of the award, thus amounting to about $525,000. That bond would have to be posted in cash; in other words, I would need to send a bonding company 100% ($525,000) to post the bond in order to continue my case.

Remember: the Times is the defendant! They wronged me, not the other way around.

The judge ruled in the Times’ favor.

Corporate media takes care of its own, so I do not expect much solidarity from my fellow inked-stained wretches.

Rall v. LA Times: Now They Want Me To Pay Them $340,000

Hi, hope you’re enjoying the fall weather!
Here’s the latest on Rall v. LA Times.
As you may recall, the Times won their anti-SLAPP motion against me in LA Superior Court, and we are appealing that to the Court of Appeals.
We’re optimistic, but in the meantime the Times has filed their attorneys’ fees with the Court and is demanding that I pay them $340,000. That’s right — the LA Times defamed me, and now they’re abusing the law to try to bankrupt me!
There’s a court hearing about the Times’ insane legal bills on November 20; if you’d like to attend please let me know.
Among the highlights:
Times lawyer Kelli Sager charges $705 an hour to defend them against the people they libel, instead of simply publishing a retraction and an apology for their lies. No wonder newspapers are in financial trouble!
One of the defendant corporate entities, Tribune Media, ceased to relate to newspapers in a complicated restructuring that my previous lawyer didn’t know about. Sager was supposed to tell my former lawyer; that’s standard legal ethics. She didn’t. Yet she is billing more than $30,000 just defending that defendant…when she could simply have told my lawyer for the cost of a phone call.
If the Times wins on November 20th, they will likely go after the $75,000 bond posted in 2016 as a result of a previous court order. If that happens and I prevail at appeal, we’ll get it back.
Thank you for your support and, if you’ve been following the fight between Disney and the LA Times, remember: the LA Times are not First Amendment heroes.

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.)

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.)