-Caveat Lector-

from:
http://www.ljx.com/LJXfiles/drudge/drudgesuit.html

SIDNEY BLUMENTHAL,
6805 6th Street, N.W.
Washington, D.C. 20012,

And

JACQUELINE JORDAN BLUMENTHAL,

6805 6th Street, N.W.
Washington, D.C. 20012,

Plaintiffs,

v.

MATT DRUDGE,

No. 901
1811 North Whitley Avenue
Hollywood, California 90028,

And

AMERICA ONLINE, INC.,

2200 AOL Way
Dulles, Virginia 20166,

Defendants.


Civil Action No. __________

<snip>

On numerous occasions prior to August 10, 1997, defendant Drudge published
information in the Drudge Report which had been provided to defendant Drudge
by persons opposed to President William J. Clinton and the Clinton
Administration, which information was false.
Prior to August 10, 1997, defendant AOL knew that, or acted with reckless
disregard whether, on numerous occasions prior to August 10, 1997, defendant
Drudge had published information in the Drudge Report which had been
provided to defendant Drudge by persons opposed to President William J.
Clinton and the Clinton Administration, which information was false.
On those occasions prior to August 10, 1997, when defendant Drudge published
false information which had been provided to defendant Drudge by persons
opposed to President William J. Clinton and the Clinton Administration,
defendant Drudge acted with knowledge that the information defendant Drudge
so published was false, or in reckless disregard whether it was false.
Prior to August 10, 1997, defendant AOL knew that, or acted with reckless
disregard whether, on those occasions prior to August 10, 1997, when
defendant Drudge published false information which had been provided to
defendant Drudge by persons opposed to President William J. Clinton and the
Clinton Administration, defendant Drudge acted with knowledge that the
information defendant Drudge so published was false, or in reckless
disregard whether it was false.
Plaintiff Sidney Blumenthal, as Assistant to the President, occupies one of
the highest positions in the White House, and has responsibilities for
policy issues and political matters.
Defendant Drudge intended that, or acted with reckless disregard whether,
the allegations published by defendant Drudge and defendant AOL, jointly and
severally, in the Drudge Report as alleged in this Complaint would cause
plaintiff Sidney Blumenthal to resign from his position as Assistant to
President William J. Clinton.
Defendant AOL knew that, or acted with reckless disregard whether, defendant
Drudge intended that, or acted with reckless disregard whether, the
allegations published by defendant Drudge and defendant AOL, jointly and
severally, in the Drudge Report as alleged in this Complaint would cause
plaintiff Sidney Blumenthal to resign from his position as Assistant to
President William J. Clinton.
Defendant Drudge intended that, or acted with reckless disregard whether,
the allegations published by defendant Drudge and defendant AOL, jointly and
severally, in the Drudge Report as alleged in this Complaint would hinder
plaintiff Sidney Blumenthal in the performance of his duties as Assistant to
President William J. Clinton.
Defendant AOL knew that, or acted with reckless disregard whether, defendant
Drudge intended that, or acted with reckless disregard whether, the
allegations published by defendant Drudge and defendant AOL, jointly and
severally, in the Drudge Report as alleged in this Complaint would hinder
plaintiff Sidney Blumenthal in the performance of his duties as Assistant to
President William J. Clinton.

Plaintiff Jacqueline Jordan Blumenthal, as the Director of The President’s
Commission On White House Fellowships, occupies an important position within
the Administration of President William J. Clinton.
In her position, plaintiff Jacqueline Jordan Blumenthal must work closely
with the members of The President’s Commission On White House Fellowships.
The members of the President’s Commission on White House Fellowships include
business, political, and educational leaders from all walks of life and from
all political parties.
Defendant Drudge intended that, or acted with reckless disregard whether,
the allegations published by defendant Drudge and defendant AOL, jointly and
severally, as alleged in this Complaint would cause plaintiff Jacqueline
Jordan Blumenthal to resign from her position as Director of The President’s
Commission On White House Fellowships.
Defendant AOL knew that, or acted with reckless disregard whether, defendant
Drudge intended that, or acted with reckless disregard whether, the
allegations published by defendant Drudge and defendant AOL, jointly and
severally, as alleged in this Complaint would cause plaintiff Jacqueline
Jordan Blumenthal to resign from her position as Director of The President’s
Commission On White House Fellowships.
Defendant Drudge intended that, or acted with reckless disregard whether,
the allegations published by defendant Drudge as alleged in this Complaint
would hinder plaintiff Jacqueline Jordan Blumenthal in the performance of
her duties as Director of The President’s Commission On White House
Fellowships.
Defendant AOL knew that, or acted with reckless disregard whether, defendant
Drudge intended that, or acted with reckless disregard whether, the
allegations published by defendant Drudge as alleged in this Complaint would
hinder plaintiff Jacqueline Jordan Blumenthal in the performance of her
duties as Director of The President’s Commission On White House Fellowships.
In publishing false information about plaintiff Sidney Blumenthal and
plaintiff Jacqueline Jordan Blumenthal, as alleged in this Complaint,
defendant Drudge intended that, or acted with reckless disregard whether,
such publication would harm President William J. Clinton and impede the
operation of the Clinton Administration.
Defendant AOL knew that, or acted with reckless disregard whether, defendant
Drudge intended that, or acted with reckless disregard whether, the
publication of false information about plaintiff Sidney Blumenthal and
plaintiff Jacqueline Jordan Blumenthal, as alleged in this Complaint, would
harm President William J. Clinton and impede the operation of the Clinton
Administration.


The First Drudge Report Libel

On or about August 10, 1997, and August 11, 1997, defendant Drudge and
defendant AOL, jointly and severally, caused to be published in the Drudge
Report via electronic mail, over the Internet, and through defendant AOL,
information regarding plaintiff Sidney Blumenthal and plaintiff Jacqueline
Jordan Blumenthal. A true and correct photocopy of what defendant Drudge and
defendant AOL, jointly and severally, so published, as downloaded from the
Internet and printed out, is attached to this Complaint as Exhibit 2, and is
incorporated herein.
The information about plaintiff Sidney Blumenthal and plaintiff Jacqueline
Jordan Blumenthal published by defendant Drudge and defendant AOL, jointly
and severally, consisted of the following words, written partly in large
bold-face type and partly in large bold-face italic type: "CHARGE: NEW WHITE
HOUSE RECRUIT SIDNEY BLUMENTHAL HAS SPOUSAL ABUSE PAST DRUDGE REPORT."
Exhibit 2.
The portion of the Drudge Report quoted in the preceding paragraph was
false, in that Sidney Blumenthal had no "spousal abuse past."
As a direct and proximate result of such information having been published
via electronic mail and on the Internet by defendant Drudge and defendant
AOL, jointly and severally, such information has remained available on the
Internet at a number of sites since August 10, 1997, and has been widely
published beyond the Internet.
As a direct and proximate result of such information having been published
via electronic mail and on the Internet by defendant Drudge and defendant
AOL, jointly and severally, such information cannot be removed from the
Internet.
Attached to this Complaint as Exhibit 3, and incorporated herein, is a
photocopy of a page downloaded from the Web site of defendant Drudge, in
which defendant Drudge claimed that 18,354 persons accessed the Drudge
Report August 10, 1997, over and above the number of persons to whom
defendant Drudge had sent the August 10, 1997, Drudge Report directly via
electronic mail.


The Second Drudge Report Libel

On or about August 10, 1997, and August 11, 1997, defendant Drudge and
defendant AOL, jointly and severally, caused to be published in the Drudge
Report via electronic mail, over the Internet, and through defendant AOL
additional information regarding plaintiff Sidney Blumenthal and plaintiff
Jacqueline Jordan Blumenthal. A true and correct photocopy of the additional
information which defendant Drudge and defendant AOL, jointly and severally,
so published, as downloaded from the Internet and printed out, is attached
to this Complaint as Exhibit 4, and is incorporated herein.
The information about plaintiff Sidney Blumenthal published by defendant
Drudge and defendant AOL, jointly and severally, appeared under the heading
"GOP: The Blumenthal Option?", and included the following statements:


"The DRUDGE REPORT has learned that top GOP operatives who feel there is a
double-standard of only reporting republican shame believe they are holding
an ace card: New White House recruit Sidney Blumenthal has a spousal abuse
past that has been effectively covered up.


"The accusations are explosive.

"`There are court records of Blumenthal's violence against his wife,' one
influential republican, who demanded anonymity, tells the DRUDGE REPORT.

"`If they begin to use Sipple and his problems against us, against the
Republican Party. . . to show hypocrisy, Blumenthal would become fair game.
Wasn't it Clinton who signed the Violence Against Women Act?'

"[There goes the budget deal honeymoon.]

"One White House source, also requesting anonymity, says the Blumenthal
wife-beating allegation is pure fiction that has been created by Clinton
enemies. '[The First Lady] would not have brought him in if he had this in
his background,' assures the well-placed staffer. 'This story about
Blumenthal has been in circulation for years.'

"Last month President Clinton named Sidney Blumenthal an Assistant to the
President as part of the Communications Team. He's been brought in to work
on communications strategy, special projects, themeing -- a newly created
position.

"Every attempt to reach Blumenthal proved unsuccessful." Exhibit 4.


The portion of the Drudge Report quoted in the preceding paragraph was
false, in that: (1) Sidney Blumenthal has no "spousal abuse past;" (2) that
"past" has never "been effectively covered up;" (3) the "accusations" are
not "explosive;" (4) there were no such "accusations;" (5) no "court records
of Blumenthal's violence against his wife" exist; (6) no such "story about
Blumenthal has been in circulation for years;" and (7) defendant Drudge made
no "attempt to reach [plaintiff Sidney] Blumenthal" about this story.
As a direct and proximate result of such information having been published
via electronic mail and on the Internet by defendant Drudge and defendant
AOL, jointly and severally, such information has remained available on the
Internet at a number of sites since August 10, 1997, and has been widely
disseminated beyond the Internet.
As a direct and proximate result of such information having been published
via electronic mail and on the Internet by defendant Drudge and defendant
AOL, jointly and severally, such information cannot be removed from the
Internet.
As shown on Exhibit 3 to this Complaint, defendant Drudge claimed that
39,559 persons accessed the Drudge Report August 11, 1997, over and above
the number of persons to whom defendant Drudge had sent the August 11, 1997,
Drudge Report directly via electronic mail.


The Letter From The Blumenthals’ Lawyers

On August 11, 1997, plaintiff Sidney Blumenthal and plaintiff Jacqueline
Jordan Blumenthal, through their lawyers, sent a letter to defendant Drudge
stating, among other things, that the information defendant Drudge had
published via electronic mail, over the Internet, and through defendant AOL
regarding plaintiffs was false and defamatory. A true photocopy of that
letter is attached to this Complaint as Exhibit 5, and incorporated herein.
On and after August 11, 1997, a number of newspapers, magazines, radio
stations, and television stations in the District of Columbia and around the
United States prepared and published stories concerning the publication by
defendant Drudge and defendant AOL, jointly and severally, of information
about plaintiff Sidney Blumenthal and plaintiff Jacqueline Jordan
Blumenthal.
These numerous stories that appeared in other publications re-published the
false statements first published by defendant Drudge and defendant AOL,
jointly and severally, as alleged in this Complaint.


Defendant Drudge’s Comments To The Washington Post

Defendant Drudge, commencing on or about August 11, 1997, spoke on one or
more occasions to Mr. Howard Kurtz, a reporter for The Washington Post.
In those conversations between defendant Drudge and Mr. Kurtz, Mr. Kurtz
told defendant Drudge that Mr. Kurtz was writing a story for The Washington
Post about the Drudge Report’s publication of information regarding
plaintiff Sidney Blumenthal and plaintiff Jacqueline Jordan Blumenthal.
In those conversations between defendant Drudge and Mr. Kurtz, Mr. Kurtz
solicited comments from defendant Drudge for publication in The Washington
Post.
In those conversations between defendant Drudge and Mr. Kurtz, defendant
Drudge made comments to Mr. Kurtz with the understanding and intention that
Mr. Kurtz would reduce defendant Drudge’s comments to writing and publish
those comments in The Washington Post.
In defendant Drudge’s conversations with Mr. Kurtz, defendant Drudge stated:


"It [the story about plaintiff Sidney Blumenthal and plaintiff Jacqueline
Jordan Blumenthal] was based on two sources who clearly were operating from
a political motivation."

The Washington Post published defendant Drudge’s comments, as quoted in the
preceding paragraph, in the August 12, 1997, edition of The Washington Post
and over the Internet. A true photocopy of this story as it appeared in The
Washington Post is attached to this Complaint as Exhibit 6 and is
incorporated herein. A true photocopy of this story as it appeared on the
Internet, as downloaded and printed out, is attached to this Complaint as
Exhibit 7 and is incorporated herein.
In defendant Drudge’s conversations with Mr. Kurtz, defendant Drudge also
stated:

"Someone was trying to get me to go after [the story published about
plaintiff Sidney Blumenthal and plaintiff Jacqueline Jordan Blumenthal] and
I probably fell for it a little too hard."

 The Washington Post published defendant Drudge’s comments, as quoted in the
preceding paragraph, in the August 12, 1997, edition of The Washington Post
and over the Internet. A true photocopy of this story as it appeared in The
Washington Post is attached to this Complaint as Exhibit 6 and is
incorporated herein. A true photocopy of this story as it appeared on the
Internet, as downloaded and printed out, is attached to this Complaint as
Exhibit 7 and is incorporated herein.
In defendant Drudge’s conversations with Mr. Kurtz, defendant Drudge also
stated:


"This is a case of using me to broadcast dirty laundry. I think I’ve been
had."

The Washington Post published defendant Drudge’s comments, as quoted in the
preceding paragraph, in the August 12, 1997, edition of The Washington Post
and over the Internet. A true photocopy of this story as it appeared in The
Washington Post is attached to this Complaint as Exhibit 6 and is
incorporated herein. A true photocopy of this story as it appeared on the
Internet, as downloaded and printed out, is attached to this Complaint as
Exhibit 7 and is incorporated herein.
In defendant Drudge’s conversations with Mr. Kurtz, defendant Drudge also
stated that court records existed documenting acts of spousal abuse by
plaintiff Sidney Blumenthal, but that defendant Drudge did not have such
records in his possession.
The Washington Post published defendant Drudge’s comments, as paraphrased in
the preceding paragraph, in the August 15, 1997, edition of The Washington
Post and over the Internet. A true photocopy of this story as it appeared in
The Washington Post is attached to this Complaint as Exhibit 8 and is
incorporated herein. A true photocopy of this story as it appeared on the
Internet, as downloaded and printed out, is attached to this Complaint as
Exhibit 9 and is incorporated herein.
In defendant Drudge’s conversations with Mr. Kurtz, defendant Drudge also
stated that defendant Drudge believed that the information defendant Drudge
published about plaintiff Sidney Blumenthal being a spouse abuser had
surfaced during an investigation by the Federal Bureau of Investigation
("FBI") into the background of plaintiff Sidney Blumenthal.
The Washington Post published defendant Drudge’s comments, as paraphrased in
the preceding paragraph, in the August 15, 1997, edition of The Washington
Post and over the Internet. A true photocopy of this story as it appeared in
The Washington Post is attached to this Complaint as Exhibit 8 and is
incorporated herein. A true photocopy of this story as it appeared on the
Internet, as downloaded and printed out, is attached to this Complaint as
Exhibit 9 and is incorporated herein.
In defendant Drudge’s conversations with Mr. Kurtz, defendant Drudge also
stated that he tried to speak to plaintiff Sidney Blumenthal before
publishing information about plaintiff Sidney Blumenthal and plaintiff
Jacqueline Jordan Blumenthal in the Drudge Report, but was unable to do so.
The Washington Post published defendant Drudge’s comments, as paraphrased in
the preceding paragraph, in the August 15, 1997, edition of The Washington
Post and over the Internet. A true photocopy of this story as it appeared in
The Washington Post is attached to this Complaint as Exhibit 8 and is
incorporated herein. A true photocopy of this story as it appeared on the
Internet, as downloaded and printed out, is attached to this Complaint as
Exhibit 9 and is incorporated herein.
The statements of defendant Drudge quoted or paraphrased in The Washington
Post were false, in that: plaintiff Sidney Blumenthal and plaintiff
Jacqueline Jordan Blumenthal have no "dirty laundry" for defendant Drudge to
"broadcast;" no court records documenting plaintiff Sidney Blumenthal’s
"spousal abuse past" exist; no FBI files containing any such allegations
about plaintiff Sidney Blumenthal exist; no information such as that
published by defendant Drudge as alleged in this Complaint surfaced during
an FBI investigation; no background check of plaintiff Sidney Blumenthal had
been conducted as of August 10, 1997; and defendant Drudge made no attempt
to speak with plaintiff Sidney Blumenthal before publishing the Drudge
Report which contained false and defamatory information about plaintiff
Sidney Blumenthal and plaintiff Jacqueline Jordan Blumenthal.


<snip.

PLAINTIFFS DEMAND TRIAL BY JURY.


Respectfully submitted,

McDANIEL & MARSH

William Alden McDaniel, Jr.
D.C. Bar No. 293746

Jo Bennett Marsh
D.C. Bar No. 423039

118 West Mulberry Street
Baltimore, Maryland 21201
(410) 685-3810

Lawyers for Plaintiffs Sidney
Blumenthal and Jacqueline
Jordan Blumenthal

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