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Ted Rall v. Los Angeles Times: What You Need To Know

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Ted Rall

My lawsuit against the Los Angeles Times is a long, complicated story. The following is an attempt to bring you up to speed in digestible form.

I became the staff cartoonist of the Los Angeles Times in 2009. Unbeknownst to me, in 2014 the LAPD Pension Fund became the biggest shareholder of Tribune Publishing, parent company of the Times. No one at the Times told me to lay off cartoons about the cops, probably because my editors too were unaware of the secret deal. In 2015 the Times fired me at the request of the LAPD.

The LA Times’ Nutty Audio
I was walking from a Bill Maher show taping to dinner in West Hollywood in October 2001 when an LAPD motorcycle officer confronted me, handcuffed me and roughed me up, drawing a crowd of passersby. He wrote me a ticket for jaywalking. I had not been jaywalking. I filed an Internal Affairs complaint about the false arrest but nothing came of it.
Image result for charlie beckIn July 2015 a LA Times reporter informed me that the officer had secretly audiotaped my arrest, that the LAPD (actually, it was Police Chief Charlie Beck, see below) had given the Times (actually, to publisher Austin Beutner, see below) the tape and that the tape showed I had lied about being handcuffed and mistreated by the cop in a 2015 blog that was posted with a cartoon that I did for the Times about an LAPD jaywalking crackdown.
The sound quality is atrocious. It’s 6-1/2 minutes of static, wind and traffic noise. There is evidence that it was spliced or otherwise tampered with. The LAPD audio neither confirms nor denies my account, which was truthful. Nevertheless, the Times decided to terminate me AND to publish a libelous “Editor’s Note” to readers intended to destroy my reputation as a journalist so that I would never work again.
I had the audio “enhanced”—cleaned up so that voices and other sounds could be heard. The enhancement confirmed my version of the encounter, including a woman shouting “Take off his handcuffs!” at the officer. I sent the vindicating evidence to my editors at the Times. They ignored me.

The Times Doubles Down
Three weeks passed. During this time, pressure built on the Times to reverse their decision. Journalistic organizations, Times subscribers commenting on their website, letter writers and social media from left to right urged the Times to reinstate me. They refused questions from reporters at other press outlets, censored the letters and shut down online comments at latimes.com. Thanks to the enhanced audio, the Times knew it had libeled me in the Editor’s Note. Rather than issue a retraction and offer me back my job, the Times issued a second article, this one by the Times’ ombudsman, that doubled down on the allegations from the first article, which they knew to be false.

My Lawsuit
I waited seven months for the Times to do the right thing. Finally, in 2016, I sued the Times, its parent company Tribune, and four individuals for defamation and wrongful termination. I am determined to defend my reputation against these scurrilous smears.

Here are the individual defendants:

Austin Beutner
Image result for Austin BeutnerTimes publisher at the time, hedge-fund multi-billionaire Austin Beutner was subsequently fired by Tribune for trying to orchestrate an inside-the-boardroom coup. Beutner secretly met with LAPD Chief Charlie Beck, who subsequently resigned in disgrace. At this meeting Beck handed Beutner the audio recording from 2001. Beck demanded that I be fired for criticizing the police in my cartoons; Beutner, Beck’s political ally and a man who’d like to run for mayor or governor, complied. (The Times still hasn’t told readers where the audio came from.) Beutner is currently the superintendent of the Los Angeles public school district, the largest in the country. His refusal to give teachers a raise prompted an acrimonious walkout by educators.

Nicholas Goldberg
Image result for nick goldberg la timesTimes editorial page editor Nicholas Goldberg, a middle manager, appears not to have been trusted with inside knowledge of the high-level conspiracy between Beutner and Beck. It’s hard to know anything for sure before the courts grant discovery, but Goldberg’s role was likely limited to that of hatchet man: his by-line is on the Editor’s Note.

Paul Pringle
Image result for paul pringle la timesBypassing Goldberg, Beutner probably assigned Times investigative reporter Paul Pringle to look into my story. Pringle informed me that the LAPD was accusing me of lying and questioned me at length about what happened the evening of the jaywalking arrest. Pringle, who worked the “cop shop” beat for years and thus spent a lot of time with police, made clear that he believed the cops, not me. Among other silliness, he asked why the low-quality audio didn’t contain the sound of my driver’s license (made of paper) hitting the ground after the officer tossed it or the click of the handcuffs going on. He also wondered why there was no sound of me arguing with the officer; I repeatedly explained that I was compliant, that I don’t argue with cops. In order to determine the authenticity of the LAPD audio, he told me, he asked the LAPD if it was legitimate. Pringle won the 2019 Pulitzer Prize for Investigative Journalism.

Deirdre Goebel Edgar
Image result for deirdre edgarUntil 2018 Deirdre Goebel Edgar was the “Reader’s Representative” of the Times. The reader’s representative is the ombudsman of a newspaper; though paid by the paper her duty is akin to Internal Affairs at a police agency: to make sure the paper is upholding journalism’s highest ethical standards in service to readers. Indeed, in 2014 she authored the Times’ Ethical Guidelines. Among other things, the guidelines require that the subject of a critical story be interviewed at length, in person, to give their side. Edgar wrote the second “doubling down” article in 2015 smearing me as a liar. She did not contact me.

The Times Hits Me With an Anti-SLAPP Motion
Image result for kelli sagerCalifornia’s anti-SLAPP (strategic lawsuit against public participation) law was designed to stop individuals and whistleblowers from being slammed by big corporations like real estate developers out to crush community activists by tying them up in court with frivolous defamation claims. After I sued the Times, Kelli Sager—a high-powered $715/hour attorney employed by such reputable enterprises as the National Enquirer to fend off legitimate libel lawsuits—hit me, a fired $300/week cartoonist, with an anti-SLAPP motion alleging that I was using my power and influence to deprive the Times of its First Amendment free speech rights. The Times is currently owned by Dr. Pat Soon-Shiong, who is reportedly worth $7 billion. Soon-Shiong gets a lot of good press that he doesn’t deserve; he has continued to employ Sager.
Before the case begins, the anti-SLAPP motion must be resolved. First up: the trial court.

Superior Court
At trial court in Los Angeles, the Times filed a motion for summary judgement against me, arguing my claim to be frivolous. The judge at the time, who retired a few months later, denied the Times’ motion.
Switching tacks, Sager filed a motion demanding that I post $300,000 cash bond to guarantee the Times’ legal fees in the event that it won anti-SLAPP and won a judgement that required me to pay the Times’ attorneys’ fees, because I live in New York and not California. The judge knocked it down to $75,000. Hundreds of people contributed to my GoFundMe. I posted bond. Every year I pay the bond company $1250 to hold the money.
After a blizzard of stalling tactics by Sager, Judge Joseph Kalin heard the anti-SLAPP motion in 2017. Just days before the second and third of three anti-SLAPP arguments, attorney Carney Shegarian abruptly fired me as his client. I do not know why. I quickly found a new attorney but Judge Kalin ruled that I had to represent myself against Sager in oral arguments.
Anti-SLAPP requires judges not to assess the evidence, but to assume that all the claims are true to see if the complaint has any merit. Kalin assessed the evidence, agreed that the audio enhancement showed I was innocent, and nonetheless ruled against me. He ordered me to pay the Times $330,000 for Sager’s fees.
I appealed.

Court of Appeal
Earlier in 2019 the Court of Appeal, also in Los Angeles, heard my appeal. Like Kalin, the Court of Appeal ignored the anti-SLAPP rule about assessing evidence. During oral argument Justice Elizabeth Grimes, seemed shocked when my attorney Jeff Lewis brought it up. Grimes ruled for the Times.
I appealed. The California Supreme Court accepts fewer than 5% of petitions for review so I was pleasantly surprised when they agreed to hear my appeal. Seven major First Amendment organizations issued amicus letters supporting my appeal to the state Supreme Court.
My petition was a “grant and hold,” which means it’s tied to the outcome of a related case, in this situation Stanley Wilson v. CNN. Wilson claims he was wrongly terminated and defamed by CNN as a ruse, with the real reason being race discrimination.

California Supreme Court
The high court ruled in favor of Wilson in a ruling that urges lower courts to grant discovery in anti-SLAPP cases, something that was denied us. As we petitioned and against long odds–they reject more than 95% of appellants–the court remanded us back to the Court of Appeal with instructions to rehear us in light of Wilson.
A favorable ruling by the Court of Appeal would mean that the $330,000 judgement would be erased, we can begin discovery and, four-plus years after the fact, the actual case would commence.

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

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Ted Rall

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

SYNDICATED COLUMN: I Am So Damn Anxious I Feel Like I Am Going To Have a Heart Attack

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Ted Rall

index I never thought I’d live to be this old (52). I never thought that, if I lived to be this old, I’d still be so scared.

I’m white, male, able-bodied, educated, tall. Got a solid resume. I’m relatively adaptable. I started out as one of hundreds of professional political cartoonists. Now there are fewer than 20. Yet I’m freaked out.

I’ve survived poverty, getting mugged and being shot at and managed to remain pretty calm. But I’m more worried now.

Given how relatively good I have it, I can’t imagine how freaked out everyone else must be. Like, for example, black people when they get stopped by cops. Or Tamir Rice’s parents.

There are countless anxiety-inducing news stories tailor-made for this news junkie with a special interest in economics and the Middle East. This week alone, the Saudi-Iranian proxy war in Yemen widened into a full-fledged Sunni-Shia diplomatic rift over the execution of a Shia cleric. Scary. Then there’s the falling stock market, which controls me, over which I have no influence, and against whose effects I am unequipped to protect myself. The boom-bust cycle of capitalism is giving us bigger, more frequent troughs punctuated by shorter boomlets whose benefits all go to the top 1%.

I can’t believe anyone likes capitalism. Most people are a paycheck away from homelessness. Jobs are scarce. Jobs keep paying less. Bosses keep getting meaner. Everything gets more expensive.

Capitalism is so depressing it makes one nostalgic for Soviet-era queues for toilet paper.

In what is in danger of becoming a pattern for me, I have to apologize to the Baby Boom generation, specifically for rolling my eyes when Boomers whined about turning 50. That’s when you lose your job, can’t find a new one, struggle to care for aging parents while feeling your own body start to fall apart. They were right. The fifties are a bitch. (Though fiftysomething Gen Xers have less cash than they did.)

To mangle Hunter S. Thompson, last year got weird. I’m trying to go pro, but I’m not sure what that means.

2015 was the year when what used to be my boring safe job, drawing political cartoons, became more dangerous than my other job, part-time war correspondent.

Psycho gunmen slaughtered my colleagues at Charlie Hebdo, making France the nation where a journalist was most likely to get murdered in 2015. More psycho gunmen tried to shoot up a right-wing anti-Muslim cartoon contest in Garland, Texas, only to get themselves killed by the local SWAT team. There were always death threats; now they’re scarier and more specific.

After Charlie and Garland, you’d think newspapers and magazines would have rallied around what’s left of American editorial cartooning. There is zero, zip, nada support for American cartoonists by editors or publishers. Post-Charlie, they all wrote passionate editorials defending free speech. They said nice things about cartooning. While they fired more cartoonists. Refused to hire any. Stopped printing them.

The cowards didn’t even reprint the Charlie cartoons so their readers could see what the fuss was about.

The annual convention of the Association of American Editorial Cartoonists in Columbus inaugurated the new normal: police police police, police dogs, police snipers on the roof. When I went on tour to publicize my book Snowden, security became a routine part of the equation — for the first time in nearly 20 books.

No wonder no one under 30 wants to become a political cartoonist. Not only is there no work and no respect, your impoverished ass might get shot with an AR-15.

So then a few weeks ago I looked at my chest. I probably do this more than you do, because a wart on my chest once nearly killed me. I noticed a new bump. A growing new bump. I found myself in the somewhat ridiculous role of the first male in three weeks to pass through the automatic doors of the rhodamine-pink special Breast building at my hospital. I’m anti-sexist. Still, it does something to a man to be quizzed about his menstrual and lactation histories. Not to mention worrying about the possibility of becoming one of the couple of thousand American men who get breast cancer each year — you just know the system isn’t set up for that.

Fortunately, I dodged that bullet. Just a lipoma.

A bullet that hit me square in the chest last year, albeit metaphorically, was fired by Nick Goldberg, an editor at The Los Angeles Times. He accused me of lying in his newspaper, a grave offense in journalism unless your name is Bill O’Reilly, and fired me. I hadn’t lied. He was wrong. After I presented proof that I’d told the truth, the Times — under pressure, since the Internet was going crazy due to their disgusting refusal to reconsider — didn’t issue a retraction or hire me back. Presumably fearing a lawsuit, they doubled down. Goldberg still draws a salary. Not me.

I used to be a sound sleeper. Head hit the pillow, I was gone until morning.

No more. Insomnia is my new normal. I’m jittery, nervous, distrusting. Lots of nightmares. If you can be so totally wronged, libeled by a corporation that’s literally trying to destroy your career because of its opaque conflict of interest with outside parties (the Los Angeles Police Department), and it doesn’t make any difference when you prove you’re innocent, where common sense and human decency no longer hold sway, well, that’s a weird, unsettling world where you can never relax. If I get four hours a night, that’s better than most.

The thing that surprises me most about workplace shootings is that there are so few of them.

Under the doctrine that 2015 sucked so hard, 2016 has got to be better, I’m cautiously optimistic about the coming year. Yet anxiety remains.

My new graphic biography Bernie is about Bernie Sanders. Sales figures will be directly proportionate to the senator’s performance in the primaries. There’s cause for optimism in New Hampshire but the South is a challenge and now you’ve got The New York Times skewing expectations by suddenly claiming that the Iowa caucuses are do or die for Bernie, even though no one thought he was going to win there before. It’s Hillary’s campaign to lose. I knew that. But it was hers to lose in 2008, and she did.

What if Bernie crashes and burns? Then my book dies. Or what if Bernie becomes the nominee, and the book gets huge — will there be enough security? If not, I die. Anxiety turns everything into a lose-lose.

Behind all that anxiety, of course, is money. Not enough of it.

Every month that I manage to pay all the bills is a miracle. I move money around, scare up just enough extra work, hustle hustle hustle. My colleagues marvel at my energy. What’s my secret? Being tired all the time, and depressed, and not knowing how I’ll be able to eat in 10 years, much less retire. Probably like you.

Like most Americans, I don’t have substantial retirement savings. If I don’t work, I live maybe a year or two before moving to the great outdoors.

I fantasize about a soft landing. Maybe some magazine or website or newspaper will take me on full-time. Maybe with benefits? It’s OK, I don’t need benefits.

Or an academic gig — teaching journalism or cartooning or history somewhere. It would be fun. I’d be good at it. But where? How? You can’t apply to a college or university; the academic job application process is insanely time-consuming and the reply is always a rejection. An offer has to come to you.

One must trust in the universe. The philosopher Eckhart Tolle says the universe will provide what you need.

Unless it doesn’t.

(Ted Rall, syndicated writer and the cartoonist for ANewDomain.net and SkewedNews.net, is the author of “Snowden,” about the NSA whistleblower. His new book “Bernie” about Democratic presidential candidate Bernie Sanders, is now available for pre-order. Want to support independent journalism? You can subscribe to Ted Rall at Beacon.)

COPYRIGHT 2016 TED RALL, DISTRIBUTED BY CREATORS.COM

Silent Treatment

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Ted Rall

As a white man, I enjoy the privilege of thinking that the system usually works fairly – for me. After the LA Times fired me as a favor to the LAPD, however, I saw the system’s unfairness at work. No matter what happened, it became clear that there was nothing that could have convinced them to admit they’d made a mistake.

LAPD Tampered with Audiotape LA Times Used to Fire Me – Which Has Now Vindicated Me

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Ted Rall

Originally published by ANewDomain:

Ted Rall-LAPD-LATimes Battle: New Tape Proves Cops Lied [exclusive]

EXCLUSIVE — Audio engineers hired by Ted Rall and aNewDomain today released a cleaner version of an audio tape Los Angeles police used to convince Los Angeles Times editors to fire political essayist and cartoonist Ted Rall early this week. It is damning.

On the tape, you can clearly hear a female bystander shouting at the LAPD officer who’d stopped Rall for jaywalking to “take off his handcuffs.” She yells this twice. Officer Will Durr responds first with a “No, no, no … ” and then by whistling loudly into the mic. Listen for yourself, below.

The LAPD and the Times have been claiming that the original version of the tape, released on Monday, proved the officer did not handcuff Rall or otherwise rough him up as Rall had written in a May 2015 Times column. They claimed the tape proved Rall was lying. That was the basis for the Times abruptly dumping him this week. But this newly enhanced tape clearly proves that the cops are lying — and it even suggests cops might have knowingly tampered with the tape. Why? We’re pursuing this developing story. For now, here’s what Ted Rall has to say about the tape and what you’ll hear on it. – Ed

aNewDomain — We now have an enhanced version of the LAPD tape that cops used to convince the Los Angeles Times to fire me as its political cartoonist and blogger this week.

On the cleaned-up version of the tape, which you can hear below, just advance the recording to minute 3:30. You’ll hear a female witness, one the LAPD told my former editors at the Times I was lying about, and one they said didn’t exist, on the tape. She protests: “He was just jaywalking …  you need to take off … you need to take off his handcuffs.”

She says that at 3:30 and repeats it at 3:50.

To this, LAPD Officer Will Durr replies: “No, no, no, no, no.”

When she persists in protesting the cop’s handcuffing me, LAPD officer Durr whistles. At the time of the incident, I was puzzled by his whistling, which is unusual behavior for a cop. Now I believe it’s his technique to tamp down sounds (like her) that he doesn’t want on the recording. (The recorder was on his uniform, secretly.) Any way you look at it, though, this proves he and the LAPD are lying: Cops lied when they said that I didn’t get handcuffed, lied when they said I lied about the presence of protesting witnesses, and lied when they went to my Times editors and called me a liar.

Listen for yourself:

So we know the officer deliberately used whistling to alter the recording. It is also clear that he deliberately muffled it.

It’s the media’s job to question authority, not to blindly defend it and execute on its behalf.

Even in its defense of the LAPD, the LAT couldn’t be bothered to do due diligence. Editors made no effort to investigate long-time traffic cop Will Durr’s bizarre claims that he has never ever handcuffed anyone. We disproved that cop’s lie yesterday. They didn’t even bother searching their own website.

If they can’t type “Will Durr” into a search field, how can they be bothered to track down a sound engineer in L friggin A?

Classic Streisand Effect: In their attempt to discredit me and destroy my reputation as a journalist, they wound up discrediting themselves and further eroding their own reputation, which has already been destroyed by decades of police brutality, systematic corruption and fatal police shootings of one unarmed black man after another.

Two shorter clips, enhanced differently, follow. Listen to them, below.

So the cops lied. And there are other questions …

The main question is: Why? Why would they lie?

The audio tape was not a public record. No one requested my permission, required under California law, to release it. Did The Los Angeles Times file the required papers to get it?

Did The Los Angeles Times approach the LAPD to request the tape, or did the cops (or a third party, like the LAPPL police union, or the pension fund for cops) approach them?

Did the LAPPL (the police union) which has been gloating on its blog that the Ted Rall incident should be a “lesson” other media outlets should learn from — go out of their way to get me out?

Why would the LAPD spend taxpayer money to dig out an ancient audio tape and go to the trouble of doctoring it, if they did, and transcribing it, which they did, and walking it over to the Times to get me fired?

Under LA law and LAPD rules, an officer must include contemporaneous date, location and other identifying data within each uninterrupted recorded incident — otherwise it’s a violation of citizens’ privacy rights. That info isn’t on the tape, which means it was either illegal, or it was spliced out/tampered with. Which was it?

Also, was it illegal for the Times or the LAPD to get the tape, which isn’t public information, without my approval? Our legal analyst Tom Ewing will be following up with analysis around that question later in the day.

Does the fact that a big chunk of The Los Angeles Times is now owned by Oaktree Capital, an investment firm that itself is powered by billions in investment from the Los Angeles Fire and Police Pension Fund, have anything to do with this?

This pension fund, points out investigative reporter Gina Smith, has previously demanded firings of editorial writers and commentators at a San Diego daily, one that the LA Times’ parent company, Tribune Publishing, just bought. Watch for that report, too.

Notes on Audio Enhancement Methodology

The long enhanced version posted here was processed by a technician who wishes to remain anonymous because he lives in Los Angeles, is African-American, and has frequently been harassed by the LAPD. Here is his statement about how he was able to isolate the sound of the eyewitness to me being handcuffed —  the one who the Times said didn’t exist, about an act the LAPD said never happened: “I used a noise reduction plugin to diminish hiss, handling, and street noise. An equalizer cuts low frequency rumble and boosts the upper mid range to enhance intelligibility. A limiter brings up the overall volume.”

A different person, who lives near Los Angeles and also prefers to remain anonymous because she fears retaliation by the LAPD, used this longer version to create the two shorter clips. She said: “I’m using audio repair software to remove surface/street noise with de-noise filters, and an equalizer targeting the vocal ranges of the bystanders.”

I have hired a professional audio technician based in Los Angeles to further clean up the tape provided by the LAPD. I will post the results when I get them.

Additional reporting: Gina Smith, Nancy Imperiale and Tom Ewing of aNewDomain and SkewedNews.

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