U.S. District Court Denies Breitbart’s Attempt to Dismiss Sherrod’s Defamation Lawsuit

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Last week was a bad week to be Republican con-man Andrew Breitbart. But, really, what week isn’t?

First there was his embarrassing, angry, drunken, video-taped “stop raping people” bender outside of CPAC, followed by his sober, but completely debunked, attempts to justify it all on the morning after.

And now comes this…

WASHINGTON (CN) – Former U.S Department of Agriculture official Shirley Sherrod’s lawsuit against right-wing blogger Andrew Breitbart survived a motion to dismiss, clearing the way for her to pursue the high-profile defamation suit she filed against him and a colleague last year.

Sherrod Sued Breitbart and associate Larry O’Connor in February 2011, charging the two men posted a heavily editor clip of her online that led to accusations of racism and ultimately got her fired.

Breitbart filed his motion under the D.C. Anti-SLAPP Act, which provides that if a defendant can show the claim at issue arises from an act in furtherance of the right to free speech – and if the it is also related to an issue of public concern-he can file a special motion to dismiss.

But in a terse decision, U.S. District Judge Richard Leon tossed the motion…

See Courthouse News Service for the rest of the details.

You’ll recall the Rightwing race-baiting hoaxster Breitbart published a deceptively edited video of Sherrod from a 2010 speech at an NAACP event, which, he claimed, included a “racist tale” that provided proof that “this federally appointed executive bureaucrat lays out in stark detail, that her federal duties are managed through the prism of race and class distinctions.”

After the full context of the video became known, and that she was actually relating a story from which she had learned a lesson decades earlier, Breitbart continued lying about it, claiming he had only charged racism among the NAACP, not Sherrod. He claimed the short video clip offered evidence that they, not she, was racist, despite the quotes from his article, and the headline which is still: “Video Proof: The NAACP Awards Racism-2010”.

He continues to tell the same lie about it all to this day, even as he faces Sherrod’s lawsuit, and did so again as recently as last week during an interview with Cenk Uyger on The Young Turks on Current TV.

Breitbart’s Sherrod deception (see Media Matters’ complete timeline here) resulted in her firing by the White House which, as they similarly did in the ACORN case, failed to review the full context of the deceptively presented material before tossing her under the bus and forcing her to resign. The White House eventually apologized and asked her to come back. She declined and then filed her defamation suit against Breitbart. They never made good, however, on having signed the federal bill that eventually destroyed ACORN, the four-decade old community organization which legally registered millions of low- and middle-income voters to vote, legally helped them receive loans to purchase houses, and fought back, for years, against the very predatory lending practices by the vulture capitalists who eventually tanked the global economy.

Breitbart’s then employee, the now convicted federal criminal James O’Keefe is still battling a lawsuit by an ACORN worker who was inappropriately terminated after Breitbart published O’Keefe’s “severely edited” videos of him and other ACORN workers (none of whom, as 5 or so different independent investigations have all determined, committed any crimes.) As we reported last September, Breitbart may very well be pulled into that lawsuit as a defendant as well, as the case continues to move forward.

Yes, it’s a bad year — actually, lifetime — to be Andrew Breitbart.

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31 Comments on “U.S. District Court Denies Breitbart’s Attempt to Dismiss Sherrod’s Defamation Lawsuit

  1. Meanwhile, as a lawsuit moves forward for a previous smear, Breitbart has teamed with Citizens United to produce an anti-Occupy propaganda film which makes the ludicrous assertion that Occupy is a tool of the Obama administration.

    Of course, fact-free Andy wouldn’t let a troubling little feature like cooperation between the Obama administration’s Dept of Homeland Security and the nationwide crackdown by militarized local police departments get in the way of a good piece of propaganda.

    No matter how many times Breitbart is exposed as a fraud, he’ll keep coming back so long as right-wing billionaires are there to fund his efforts.

  2. A couple of minor points.

    In addition to denying the motion to dismiss, Legal Times revealed that Judge Richard Leon denied Breitbart’s motion to change venue from the D.C. U.S. District Court to the U.S. District Court for the Central District of CA where Breitbart resides.

    Leon was nominated to the US District Court in DC by George W. Bush on 09/10/01.

  3. Ernie Canning @ 2:

    No matter how many times Breitbart is exposed as a fraud, he’ll keep coming back so long as right-wing billionaires are there to fund his efforts.

    And as long as otherwise “legitimate” media outlets disgracefully continue to give him a platform to spout his bullshit, as if it isn’t actually bullshit.

  4. In other words, not that it was advertised anywhere except on someone’s personal Flickr account, but the individual responsible for pooling the talent to develop the ‘open source’ systems on which people will register to vote, cast their votes, and count the votes in local, state, and federal elections – here and overseas – is an Obama supporter whose father attended the University of Hawaii at the same time as Stanley Ann Dunham and Barack Obama Sr; and he is the brother of one of the Obama provocateurs claiming to have an authentic certified copy of a Hawaiian birth certificate bearing a fraudulent debossed HDOH seal matching the one photographed on Obama’s COLB.

    *whew*

    OR, to put it another way for Obama supporters: The person responsible for pooling the talent to develop the ‘open source’ systems on which people will register to vote, cast their votes, and count the votes in local, state, and federal elections – here and overseas – is the brother of a well-known ‘birther’ whose alleged birth certificate was included in Jerome Corsi’s book, Where’s the Real Birth Certificate? Having been on both sides of this coin, I would imagine this fact is as unsettling for democrats, as Jeb Bush being governor of Florida during the 2000 election?

    At least. But, this problem isn’t isolated to Florida, it’s nationwide…and overseas, too.

    And, no one appears to have vetted the people behind the OSDV Foundation. Two nobutties basically just formed a company called “Network, Tool & Die” and then jumped right into the business of playing public advocate for open source election technology, under the OSDV non-profit brand. (Of course, we pay them to steal our votes, though.) If you care to look into them, you will find they are a terrible, terrible, mind-blowing joke.

    more: http://obamasgarden.wordpress.com/2012/02/18/answers/

  5. No matter how many times Breitbart is exposed as a fraud, he’ll keep coming back so long as right-wing billionaires are there to fund his efforts.

    Wrong. They are all in this together. get your head outta yer butt and look at the writing on the g*ddamn wall. There are no two parties, there is only one. Sucker.

    Please. As if you neighbor, although conservative, is any different than you. It’s US against the ruling class. Get a f*cking clue.

  6. To me Breitbart seems like a very strange, very sick, very angry man. It’s incredible that someone so obviously unwell gets so much air time. He also appears desperate for attention. His provocations help him out in that regard by triggering backlash that provide so many more opportunities to be in front of a camera. And he’ll take any camera, thank you very much.

    I saw him once on TV years ago, before he’d gained so much notoriety. Didn’t know anything about him. I think it was on Bill Maher. What struck me most was how lost he seemed when confronted with common sense and facts. He seemed in way over his head and not too bright.

    His main asset, and I believe this to be true of so many of this contagion of self-righteous, hypocritical, right wing crazies flitting thither and yon these days, is that he really believes in the absolute righteousness of his own bullshit. I don’t think he’s even aware that he’s lying. I think for him the gist of what he’s saying is always true enough and in his mind always born out by the facts even though it is not. He exists in his own ideological bubble where reality, nuance, and context cannot be tolerated. As Mark Crispin Miller pointed out in Cruel and Unusual:Bush/Cheney’s New World Order, these people are part of a projective movement. They see all their own fears everywhere. They have zero self-awareness that this is the case.

  7. Ononymous @6

    Two questions–

    1. In your life separate from internet blogs does coming into a room and randomly insulting people you don’t know work well as a conversation starter?

    2. Given any thought to applying for work in the diplomatic corps?

  8. David @#7, You wrote,

    “He seemed in way over his head and not too bright”. Exactly right. That is why I christened him ‘Notso Breitbart’ a year ago.

  9. Isis @10 wrote:

    You mean to say that the judge gave no other reason than the technicality of being too late???

    First, Isis, the time requirements contained in the Federal Rules of Court are not “technical.” The failure to comply with the rules constitutes a waiver. Breitbart is represented by able counsel who are well aware of the time requirements.

    Second, there was more than one motion to dismiss. The article Brad linked to provides a substantive reason.

    Breitbert filed his motion under the D.C. Anti-SLAPP Act, which provides that if a defendant can show the claim at issue arises from an act in furtherance of the right to free speech – and if the it is also related to an issue of public concern-he can file a special motion to dismiss.

    “But in a terse decision, U.S. District Judge Richard Leon tossed the motion, pointing out that the D.C. law that the motion was based on did not take affect until more than a month after Sherrod filed her defamation suit.”

    In other words, by its express terms the D.C. Anti-SLAPP Act does not apply retroactively to the Sherrod lawsuit.

  10. Public figures get less protection than the rest of us. Sherrod wasn’t one until after the edited tape was shown. I think she has a good case, but can she collect, and how much from this sack o’ crap?

  11. Ms. Sherrod is a personal hero of mine. She didn’t lie back and take it, and she maintained her dignity throughout. And the story Breitbart butchered is actually a pretty inspirational story of personal growth.

    I hope she gets every dime Breitbart’s got, plus some more. I wish she could reach through Breitbart to the bastard funders of the bastard.

  12. David, the time for rage is long past due. I know when it’s time to give anyone who cares…a big ol smack across the lips. You think a Mother doesn’t know?

    Don’t turn it into a negative thing. We are all adults here.

  13. This guy building hackable voting technology, John Skelly: http://www.flickr.com/photos/opengov/3292627731/

    Is the brother of this well-known birther, Dianna Skelly Cotter, who was included in Jerome Corsi’s book, “Where’s the Real Birth Certificate:” http://www.examiner.com/civil-rights-in-portland/dianna-cotter

    Angry yet? Because it gets a lot worse:

    http://obamasgarden.wordpress.com/2012/02/18/answers/

    There is no left nor right, there is only wrong. And the Global Mafia hates all of us equally.

  14. BroadButt may have had a bad week but not bad enough … even though Alec Baldwin did call him “a festering boil on the anus of civil discourse.”

  15. David Lasagna @ #7 said:

    “I saw him once on TV years ago, before he’d gained so much notoriety. Didn’t know anything about him. I think it was on Bill Maher. What struck me most was how lost he seemed when confronted with common sense and facts.”

    I’ve seen Breitbart on Maher a few times too.

    When confronted with facts, I think most of Breitbart’s facial expressions are some variation on the theme of, “Where’s my bourbon?”

  16. To the birther….. Ononymous. Quit insulting people with that bullschitt. If republicans thought for one minute that Obama was not qualified he would have been long gone.

  17. “If republicans thought for one minute that Obama was not qualified he would have been long gone.”

    It is interesting to see the kiddies put their faith in republicans…only when it makes their heads feel better, that is. Selective trust. Funny thing, that.

  18. Ononymous @14

    1. You’re not my mother.

    2. As far as I know you’re not Bradblog’s mother.

    3. You tell us to get our heads outta our butts. You call us suckers. You tell us to get a fucking clue. I object, question your style and tone, and finish with a mild joke at your expense. And you respond with “Don’t turn it into a negative thing.”?

    You’re fucking kidding me.

  19. Ononymous (and those who responded to him/her):

    As I’ve been travelling, I haven’t been able to respond as quickly as usual to comments. So, as several have traded cracks back and forth, I’m not gonna delete anything for the moment.

    BUT, Onymous, we have very few rules for commenting here at The BRAD BLOG, one of them is no personal attacks against other commenters. You may attack public figures, or me (or Ernie, etc.) as we have a bully pulpit here as authors, but other commenters are off limits.

    You have violated that rule now several times here in this thread. Attack others’ ideas or opinions all you like, but no personal attacks, or your comments will be deleted and/or you will eventually be banned. Okay? Thanks!

  20. Agreed. 😉 I think I have been burned once more than you guys. Get burned by your own, you’ll see my anger isn’t directed at you. Not a bit.

  21. On&on, explicitly: STFU. Your link leads to a pile o’ crap, your Obama’s garden.
    For the purpose of delegitimizing Barry Soetoro consider that a mixed-parentage baby born in 1961 was an ‘outcast’ (unwanted) by the regressive social mores of the time. (See also that J. Edgar Hoover was of mixed-parentage and President Warren G. Harding was of mixed-greatgrandparentage.)
    Obama’s biographic profile features close lifelong fostering by CIA ‘handlers’ including his Valerie-Plame-like mother, and her Mata-Hari-like mother and James-Bond-like father — all three tacitly-admitted by CIA reply and records to be vested-and-paid employees (i.e., ‘agents’). It seems Obama, at birth, was adopted (legally?) into CIA guardianship or custody or aegis or human experimentation, and ultimately made (into) a ‘success’ ingrained with CIA duplicitous or bi-polarity (psychological) indoctrination, the proposed and MK ULTRA-pursued fabulous ‘Manchurian candidate’.

    All that ‘commotion’ (CIA) attending specially and specifically at the time and place of Obama’s birth, goes in a way to explain the (curious? mysterious?) obscurity of documents and records in the ‘blessed event’ … and perhaps its provenance: There is (Agency) rumor-grade ‘chatter’ which avers that Ann Dunham (Obama’s mother) and her father (Stanley) were traveling (on ‘assignment’?) in Cuba during 1960 Thanksgiving weekend (college break) when she got pregnant. (Nov. 23 or 24, per vidi, not Nov. 4,’60, and Obama born Aug. 4,’61, was about 2 weeks early, or ‘precocious’ if you like.)

    Who (American?) travels to Cuba in 1960! on assignment or not, with his 18-year-old daughter in-tow or not? Check out Obama’s ‘furniture-salesman’ [wink,wink] grandfather’s 1940-1970 world-traveler itinerary in places and times when NObody from ‘here’ was allowed to go ‘there’ per Official Diplomatic sanction.

    With my one addition, (exact date of pregnancy), all of Barry Soetoro’s ‘biographic profile’ I noted here is from the book-length evidence compilation by Wayne Madsen, and three essential chapters of it are available here: Lew Rockwell reprint; and in original manuscript at Madsen’s website (subscription req’d.) Wayne Madsen Report .com, here.

    Seeing rabid (and purportedly) anti-Obama screeds and screamers citing piffle-y nattering about 1961 Hawaiian birth certificate custodian’s cousin’s neighbor’s former-employer’s drunken deprecations — and to no effect — as a basis of delegitimizing Obama in Chief Executive tenure, appears to some as being planned and directed to fail, on purpose, by calculated faint half-measures.

    Alleging that Obama was not rightly elected and more ‘installed’ (by CIA connivance, subtrefuge, persuasion, coercion, extortive threat, blackmail, black ops, and the black arts including black-box ballot-tally rigging) in the theatre, and imagery theatrics, of politics, goes much broader in context and longer in ways to explain Obama’s emergent ‘inner self’ acting (or not acting) the opposite of, and in defiance of, and defeating his stated aims, goals, and teleprompter promises.

  22. Shirley Sherrod is a racist bigot,” hate-speech’s Lars Larson did (verbatim) broadcast on ‘his’ radio programming, about July 20, 2010. Also repeated, (verbatim), broadcast by Larson, July 23, 2010; again in September, 2010; and again a year (anniversary?) later, July 20something, 2011.

    You can look him up, and (I believe) you can access (or subpoena) archived recordings of his programming.

    Breitbart has many times been on-air with Larson, and promoted, as “my very intelligent friend” by Larson, sharing in all defamations and rightfully prosecuted co-conspiring with Breitbart.

    Larson, the radio station of his programming, the owner (Paul Allen), and the sponsors, were sued for defamation and slander in Portland, OR, in the interest of Pat Harrington, chair of Parkrose School Board, filed in May 1995 or ’96, (as I remember). (See also: Brad suffers Larson. BTW, Brad, since your encounter with him Larson has grown sicker hate-filled talking and stupider FOX-lockstep walking.)

    In the previous defamation lawsuit, Larson paid $20,ooo to have his name removed from the list of defendants, and later — about 3 years of ‘judicial’ process, put-off, and posturing — an out-of-court settlement of $180,ooo (reportedly) was paid to plaintif.

    Against Sherrod, Larson is a repeat offender. Sherrod’s case might reach prosecution to attach Larson with Breitbart by association, aiding and abetting, and furtherance for false defamation and libelous public broadcast offenses violating F.C.C. license regulations.

    There’s money behind Breitbart and there’s money behind Larson — sue charges against all the deepest pockets there are.

  23. I’M A WILD EYED, WILD HAIRED, UNSHAVEN, LUNATIC, CRAZED/STRUNG OUT ON COKE-LOOKING GUY SCREAMING CRAZY THINGS…….

    NOW LISTEN UP MEDIA OUTLETS, TO WHAT I HAVE TO SAY……..

  24. There seems to be a turd floating in the soup of this thread… But we won’t name any names or anything…

  25. Sometimes, justice can be sweet.

    Let me also bring up the recent attempts on Breitbart’s blog to discredit Keith Olbermann’s contention that there have been no rapes at Occupy. Although I disagree with Olberman, what Breitbart did was reprehensible. To counter the claim, the editors posted a blog that showed a police report from a rape in OH at an Occupy encampment. Although they blocked out the rape victim’s identity, in the police narrative that they also posted, they failed to block out the name of the victim’s school. It also gave information about the program the victim was enrolled in. I found this reprehensible and repeated told them so on the forum. I told them they should take down the post. They ignored my continued protest. Then they simply shut me out of the forum. Andrew Breitbart is a skilled provocateur but a very ugly-hearted man. And that goes for his editors and authors. Thanks for letting me rant. 🙂

  26. Poor bugger died today, at 43. I wanted him to go away, but not like this. R.I.P.

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