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.
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.
The LA Times was expecting good news yesterday: that, because I’d be unable to raise $75,000 cash bond to continue my lawsuit for defamation and wrongful termination, and defend myself from their perverted “anti-SLAPP” motion.
Sadly for them, they were informed that the bond had been filed and had been received by the court. Thanks to more than 750 contributions through my GoFundMe crowdfunding page, my case will move forward.
In the Times’ ongoing attempt to prevent a jury from hearing about their sleazy collusion with the Los Angeles Police Department and repeated lies to Times readers, attorney Kelli Sager, however, complained that the bond “had omitted several defendants who are part of the litigation” and “said she was concerned the omissions would prevent the defendants from enforcing the bond.” The space on the form doesn’t have enough room for all the defendants in the case.
The judge ordered Sager and my attorneys to confer in order to fix the bureaucratic detail.
My attorney Carney Shegerian Carney Shegerian called the Times’ anti-SLAPP motion “borderline frivolous.”
“The thinking behind it, unfortunately, is really you just scare plaintiffs because there’s a huge fee-shifting component to it that can be applied and so plaintiffs can get very scared,” Shegerian told Courthouse News Service. “It really just chills civil rights litigation and it chills defamation litigation like this one.”
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.
====================================== 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.
That’s how much The Los Angeles Times is demanding that I pay them.
After they fired me for phony reasons.
After they published lies about me.
They set out to destroy me, but the truth came out and ruined their plan. So now they’re determined to bankrupt me — by abusing the court system.
One year ago, TheLos Angeles Times fired me in what became known as The Ted Rall Scandal. I’ve been their cartoonist since 2009. Never had a problem. Was never late. Never did anything wrong. My bosses never had a complaint — to the contrary, I received nothing but praise.
What I didn’t know, and my editors didn’t know to tell me, was that the political cartoonist of The Los Angeles Times isn’t allowed to criticize the police. I wish I’d been informed. I have principles, but I also have to eat. If they’d told me the cops were off-limits, I wouldn’t have criticized the LAPD, police brutality, corruption or incompetence. If I’d known that LAPD chief Charlie Beck enjoyed special most favored nation status on the LA Times editorial page, I would have left him alone.
But no one told me. So I did what cartoonists are supposed to do: I criticized and ridiculed and made fun of the cops.
Unbeknownst to me, dark forces were aligned against me.
In 2014, Tribune Publishing, the Chicago-based $499 million conglomerate that was the parent company of the LA Times, brought on a brutal, cynical billionaire named Austin Beutner as its new publisher. Beutner had made his money in the 1990s, raping the ruins of post-Soviet Russia. He had big political ambitions: mayor of Los Angeles, perhaps even governor of California.
Beutner had no experience in newspapers. Probably never even delivered one as a boy. But Beutner had what Tribune wanted: a contact list full of potential investors. As for Beutner, he figured he’d use the paper to make up for his lack of name recognition among voters. It was a match made in hell.
Beutner made good on his promise to bring cash into the troubled Tribune organization by midwifing a deal between his only political ally, the LAPD’s police union (the Los Angeles Police Protective League) and Oaktree Capital, a Beverly Hills based investment firm. The LAPPL moved its $16 billion pension fund to Oaktree. At the same time, Oaktree became the number one shareholder in Tribune. The local police owned the local paper.
The LAPPL made no secret of its appreciation. Weeks after being named publisher, Beutner was given the LAPPL’s 2014 Badge and Eagle Award for “support[ing] the LAPD in all that they do.”
In July 2015, the fuzz called in their chit with Beutner.
As has only recently been revealed by my lawsuit against the LA Times for defamation and wrongful termination, the plot against me began with a conspiracy at the highest levels of city government and the corporate media elite.
Chief Beck secretly met with Beutner. He handed him documents, as well as a CD-ROM containing an audio recording, that he convinced Beutner would be adequate proof that I was a liar and a fabulist, and therefore sufficient legal cause for firing me. And not just for firing me. They wanted to make an example out of me. They were out to destroy me. So they published not one, but two articles — something they’d never done before, ever — calling me a liar.
I was freelance. Why not just tell me I was no longer needed? Because Beck and Beutner thought I’d be a pushover. And because they wanted to send a message to every journalist in Southern California. Don’t criticize law enforcement. If you do, your career will be over.
Times readers have never been told the source of these documents. I would never have found them if I hadn’t filed my lawsuit. In brazen violation of the newspaper’s own rules governing the ethical conduct of journalism (ironically written by the author of the second smear piece, Deirdre Edgar), Beutner and his minion who wrote the first smear piece, editorial page editor Nick Goldberg, protected Beck as an anonymous source.
The key evidence used against me, both to fire me and to use as the focus of two unusual articles published by the Times in their campaign to destroy my journalistic career, was the audio file. It contained about 20 seconds of audible speech and over six minutes of road noise.
That recording, secretly made by a police officer who arrested me for jaywalking in 2001, supposedly proved that I had been treated politely by the cop, not rudely handcuffed as I had written in the Times. Cheap and/or careless, the Times didn’t have the “evidence” authenticated or analyzed. Big mistake.
Driving the point home, the LAPD public information office said that the audio never came out via official means. In other words, LAPD Chief Charlie Beck ginned up the evidence from somewhere else: probably a self-made, crappy dub made by the police officer himself 14 years before. It wasn’t official evidence. It wouldn’t have been admitted in court and it shouldn’t have been used to fire anyone — something a real journalist, not a billionaire financier, would have known.
I eventually obtained a copy of the official audio file from the police department itself via a public records act request. What a difference! It was clean. It looked different. And it was different. Without any enhancement at all, you could hear an angry crowd of people yelling at the officer about my mistreatment.
By this time, the Times’ ridiculous assault on free expression had blown up in their faces. Social media and the Internet had gone crazy. Journalists of all political stripes had come to my defense. Tribune, knowing that they had screwed up, fired Beutner so unceremoniously that he wasn’t allowed to use his own email account to say goodbye, and was escorted by security guards out of the building.
All I wanted was my job back and a retraction. An apology would be nice too. I don’t know why, even after all this, the Times is fighting this lawsuit. The way they’re acting, you would think that I was the one who had hurt them.
Their latest legal maneuver is beyond belief. Although discovery hasn’t begun yet, things haven’t been going well for them during initial hearings in court. That’s how it goes when you don’t have a legitimate defense for your indefensible actions. So their lawyer is resorting to scorched earth tactics. The last thing they want is for 12 Angelenos to listen to my case, consider both sides, and render justice.
The sleazy move their lawyer cooked up is to file an “anti-SLAPP” motion against me. California legislature passed the anti-SLAPP law to stop the following scenario: “A deep-pocketed corporation, developer or government official files a lawsuit whose real purpose is to silence a critic, punish a whistleblower or win a commercial dispute.” (Those words are by the LA Times’ editorial board, written two weeks after they smeared me!)
I’m not a deep pocketed corporation. I’m not a developer. And I’m not a government official. I’m a critic. So I’m the one this law was designed to protect.
Incredibly, the Times’ lawyer is arguing that I, an individual freelance cartoonist with a five-figure income, is quashing the Times’ free-speech rights! If they convince the judge that they are right, my case gets thrown out and – get this – I’m going to have to pay their attorneys’ fees!
Even more incredibly, they asked the judge to force me to post a $300,000 bond now, in advance, to guarantee their attorneys’ fees if they win their anti-SLAPP motion. She knocked it down to $75,000. But it’s not like the 10% bail that you hear about on TV. I owe the entire $75,000 on or before Thursday, August 18. My lawyers and I prepared a brief to fight it, but because the Los Angeles court system is so backed up, we can’t get a hearing until next summer. So another words, I either cough up $75,000 by next Thursday, or the Times gets away with what they did to me.
If you like to read more about the case and/or contribute to my fundraiser – I am not going down without a fight – please click here or go directly to http://gofundme.com/tedrall.
(Ted Rall is the author of “Bernie,” a biography written with the cooperation of Democratic presidential candidate Bernie Sanders. His new book, the graphic biography “Trump: A Graphic Biography,” is now available.)
Just over a year ago, the Los Angeles Times fired me. They lied about what I did. They smeared me. And when they got caught, they just kept lying. You’d think that would be enough personal destruction for one newspaper against one $300/week cartoonist. But apparently not.
I’m suing them for defamation, wrongful termination, blacklisting and five other charges. So far the case is going well. That’s because they don’t have any defense. They’re wrong, and they know it. So they’re doing everything they can do, kicking and screaming, to prevent me getting my day in court in front of jurors.
Their latest sleazy maneuver: they filed a motion demanding that I post $75,000 to guarantee their attorneys fees in the event that they prevail in a lawsuit against me. We have a counter motion ready to go. But because the Los Angeles Court system is so jammed up, we can’t get a hearing date until summer of 2017. In the meantime, the bond is due next week, on Thursday, August 18.
Bottom line: unless I get $75,000 to the court by Wednesday, August 17, my case will automatically be dismissed and the Times will win.
That’s why am asking for your help. If I can raise the $75,000, I can post a bond and keep my case going. If I prevail, the money will be returned. And I will send it back to you. So this is kind of a unique fundraiser.
This case has already yielded dividends. For example, we discovered that the source of the crappy audio tape and dubious documents supplied by the police to the LA Times was none other than the chief of police himself, Charlie Beck. Beck hated me because I had drawn a lot of cartoons making fun of him and criticizing him for his tolerance of police brutality.
Can you imagine what we will discover in the event that we are allowed to go forward with the case and do full discovery? We will have access to emails, internal documents, you name it. All of them will become public records. But that won’t happen unless I get that $75 posthaste. Please read up on the case and please help out.
Cartoonist Ted Rall Claims LA Times “Adds Insult to Injury”with “Bullying Financial Demands”Following Alleged Defamation, Blacklisting and Wrongful Termination
LOS ANGELES—August 9, 2016 — Shegerian & Associates, Inc., a Santa Monica-based litigation law firm specializing in employee rights, has announced that the Los Angeles Times attempted to demand $300,000 in “legal fees” from its client, the cartoonist and author Ted Rall. Rall is currently suing the Times for defamation, blacklisting, wrongful termination and breach of contract.
Shegerian & Associates founder Carney Shegerian described the Times’ request for Rall to post $300,000 to guarantee the Times’ attorney fees in the event they should win their anti-SLAPP motion as a “bully move against a freelance cartoonist by a corporation that is egregiously inverting the very anti-SLAPP statute designed to protect employees from big corporations.”
The court has since ordered the Times to lower its request to $75,000.
“It feels almost like they are forcing me to ‘pay to play’ if I am to see my day in court,” said Rall. “You’d think after what happened, they would be issuing an apology and offering me my job back, not trying to bankrupt me after wrongfully firing me.”
Rall was originally hired by the Times as an editorial cartoonist in 2009 and published approximately 300 of his cartoons and more than 60 of his blog posts in the paper between 2009 and 2015. At no time during his employment was Rall disciplined or written-up and he was consistently praised for his work.
In May of 2015, Rall created, and the Times reviewed, approved and published, a cartoon titled, “LAPD’s Crosswalk Crackdown; Don’t Police Have Something Better to Do?” In the accompanying blog post criticizing the LAPD’s crackdown against jaywalking as reported by the Times, Rall referenced his own previous experience of being falsely arrested, unduly rough-housed and handcuffed by an LAPD officer allegedly for “jaywalking.”
In July of 2015, after the LAPD contacted The Times to question the accuracy of this cartoon and blog post, the Times decided to terminate Rall within 24 hours.
In his filed complaint, Rall explained that at no point did the Times allow him to speak to his regular supervisor, or to the editorial board to discuss his case — a violation of the Times’ Ethical Guidelines. Shortly after the termination, The Times published a rare “Note to Readers,” indicating that the paper had doubts about the veracity of Rall’s blog post due to an audio recording they obtained of Rall’s original jaywalking incident. The note also stated that the Times would no longer be publishing Rall’s work.
The Times failed to follow the standard of procedure for authenticating evidence and thus did not have grounds to publicly accuse Rall of falsifying information on his blog entry. After the Times’ note was published, Rall took it upon himself to have the audio examined by experts. The enhanced version of the audio supported Rall’s version of the encounter, and he presented this to the Times. Despite this exonerating evidence, the Times published yet another article further defaming Rall.
“The Times’ suspicions about the veracity of Mr. Rall’s blog post were unfounded in that they failed to properly investigate the accusations and refused to acknowledge proof that Mr. Rall’s blog post was, in fact, accurate,” said Shegerian. “The public defamation and subsequent blacklisting of our client following blatantly wrongful termination should be enough of a slap in Mr. Rall’s face, but the demand now for this freelance cartoonist to pay the Times’ legal fees in advance of a trial demonstrates that not only does the LA Times not play by its own rules employment-wise, as we will demonstrate in court, it behaves in a vindictive and unfair manner as well.”
(Case no. BC613703)
Located in Santa Monica, Shegerian & Associates is a law firm specializing in protecting the rights of employees who have been wronged by their employers. Richly experienced in labor and employment law and possessing an unparalleled success record as litigators (Carney Shegerian, Trial Lawyer of the Year Award winner for 2013, has won 73 jury trials in his career, including 31 seven figure verdicts), Shegerian & Associates is passionately dedicated to serving the needs of its clients. For more information about the firm, visitwww.ShegerianLaw.com
Media Contact: To arrange interviews about this case with Carney Shegerian or Ted Rall, please contact Paul Williams, 310/569-0023, firstname.lastname@example.org.
After the LA Times fired me as a favor to the LAPD, I spent weeks trying to trace the provenance of the dodgy tape supplied by the LAPD. Who at LAPD gave it to whom at the LA Times? Too bad the institution that ought to be investigating such things refused to do so.
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.
Ted Rall is the political cartoonist at ANewDomain.net, editor-in-chief of SkewedNews.net, a graphic novelist and author of many books of art and prose, and an occasional war correspondent. He is the author of the biography "Trump," to be published in July 2016.