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SUING THE NEW YORK TIMES
for libel & journalistic fraud
* * *
“‘The First Amendment goes beyond protection of the press..’…‘it is the right of
the [public], not the right of the [media], which is paramount,’...for ‘without
the information provided by the press most of us and many of our representatives
would be unable to vote intelligently or to register opinions on the
administration of government generally,’…”
Cohen v. Cowles Media Co., 501 U.S.
663, 678 (1991), Justice Souter, writing in dissent with Justices Marshall,
Blackmun, and O’Connor, citing cases culminating in New York Times Co. v.
Sullivan, 376 U.S. 254, 278-279 (1964), cited in “Journalistic
Malpractice: Suing Jayson Blair and the New York Times for Fraud and Negligence”,
14 Fordham Intellectual Property, Media & Entertainment Law Journal 1, footnotes
62 and 156 (2003).
* *
*
PRESS RELEASE #1:
March 22, 2006 onward
"FIRST-OF-ITS-KIND PUBLIC INTEREST LAWSUIT vs THE NEW
YORK TIMES
IN VINDICATION OF THE FIRST AMENDMENT"
PRESS RELEASE #2:
June 9, 2006 onward
PUBLIC INTEREST LAWSUIT vs THE NEW YORK TIMES SEEKS JUDGMENT AGAINST IT,
INCLUDING REMOVAL OF ITS FRONT-PAGE MOTTO 'ALL THE NEWS THAT'S FIT TO PRINT' AS
A FALSE AND MISLEADING ADVERTISING CLAIM"
PRESS RELEASE #3: August 22, 2006 onward
COURT DECISION IN PUBLIC INTEREST LAWSUIT vs THE NEW YORK
TIMES CONFIRMS THE TIMES' SELF-INTEREST IN JUDICIAL CORRUPTION
* * *
OUTREACH:
The Champions & Betrayers
of Media
Accountability, The First Amendment,
& The Public Interest
* * *
Background Paper Trail:
15 Years of
Suppression, Protectionism, & Blackballing
by THE NEW YORK TIMES
* * *
And now, the lawsuit record....
posted below, in full, for independent
verification
ELENA RUTH SASSOWER,
individually and as Coordinator of the Center for Judicial Accountability, Inc.,
CENTER FOR JUDICIAL ACCOUNTABILITY, INC., and
The Public as represented by them,
Plaintiffs,
v.
THE NEW YORK TIMES COMPANY, The
New York Times, ARTHUR SULZBERGER, JR., BILL KELLER, JILL ABRAMSON, ALLAN M.
SIEGAL, GAIL COLLINS, individually and on behalf of THE EDITORIAL BOARD, DANIEL
OKRENT, BYRON CALAME, MAREK FUCHS, and DOES 1-20,
Defendants.
SUPREME COURT OF THE STATE OF NEW YORK
WESTCHESTER COUNTY -- #19841-05
PLAINTIFFS' VERIFIED COMPLAINT, served on March 21, 2006 (the 1st full day of Spring)
Exhibit A: “When
the Judge Sledgehammered The Gadfly”, NYT, November 7, 2004, Westchester
Section, p. 1,
by Marek Fuchs, with plaintiffs' paragraph-by-paragraph analysis
-- Accompanying primary source documents substantiating analysis of
para. 14:
Attachment #1:
pp 28-35 of the transcript of NYS Senate Judiciary Committee’s January 22, 2003
hearing to confirm Gov Pataki’s “merit selected” appointment of Susan Read to
the NY Court of Appeals
Attachment #2:
Plaintiffs’ written opposition testimony, NYS Senate Judiciary Committee’s
January 22, 2003 hearing,
with documentary
appendix
Attachment #3:
Plaintiffs’ January 29, 2003 memo to NYT Editorial Board, enclosing
plaintiffs’
January 29, 2003 letter to NYT Albany Bureau Chief, with Syracuse
Post-Standard’s
editorial, “A Flawed Process” (1/27/03) and news article, “DeFrancisco
quiets a critic”
(1/23/03)
Attachment #4:
Plaintiffs’ February 7, 2003 e-mail/memo to Eleanor Randolph, NYT
Editorial Board
Attachment #5:
Plaintiffs’ February 11, 2003 proposed Letter to the Editor
Attachment #6:
Plaintiffs’ March 6, 2003 e-mail/memo to Eleanor Randolph, NYT Editorial
Board
Exhibit B:
Plaintiffs’ June 11, 2003 memorandum-complaint to NYT Editorial Board
[referred-to
"Paper Trail" documenting the corruption of federal judicial
selection/confirmation]
ExhibitC-1:
CJA’s homepage “Paper Trail Documenting the Corruption of Federal Judicial
Selection/ Confirmation”
as it appeared on June 10, 2003
Exhibit C-2:
CJA’s homepage, as it appeared on November 6, 2004, indicating link to “Paper
Trail to Jail”
Exhibit C-3:
CJA’s “Paper Trail Documenting the Corruption of Federal Judicial
Selection/Confirmation & the ‘
Disruption of Congress’ Case it Spawned” as it appeared throughout Elena
Sassower’s six-month
incarceration from June 28, 2004 to December 23, 2004
Exhibit D: Plaintiffs’ June 19, 2003 letter to NYT
Assistant Managing Editor Allan Siegal
Exhibit E:
CJA’s website page, “Press Suppression-The New York Times”, as it
appeared from June 28, 2004,
without change through December 23, 2004
Exhibit F:
Plaintiffs’ August 26, 2003 letter to Outgoing NYT Washington Bureau
Chief – Incoming Managing
Editor for Newsgathering Jill Abramson
Exhibit G:
Plaintiffs’ September 25, 2003 letter to NYT Executive Editor Bill Keller
Exhibit H:
Plaintiffs’ October 13, 2003 letter to NYT Executive Editor Keller
Exhibit I:
Plaintiffs’ November 1, 2003 letter to NYT Executive Editor Keller
Exhibit J-1:
Plaintiffs’ December 1, 2003 letter to NYT Public Editor Daniel Okrent
Exhibit J-2:
Plaintiffs’ December 24, 2003 e-mail to NYT Public Editor Okrent
Exhibit J-3:
Automated December 24, 2003 e-mail acknowledgment from NYT Public Editor
Okrent
Exhibit J-4:
December 24, 2003 e-mail from Arthur Bovino, Office of NYT Public Editor
Exhibit K-1:
Plaintiffs’ June 16, 2003 memorandum to Ralph Nader, Public Citizen, Common
Cause
Exhibit K-2: CJA's homepage (as
of May 9, 2004)
Exhibit K-3: CJA's homepage
(from May 22, 2004 to sometime after June 28, 2004)
Exhibit L-1:
Plaintiffs’ May 11, 2004 letter to NYT reporter Raymond Hernandez
Exhibit L-2:
Hernandez’ May 11, 2004 e-mail
Exhibit L-3:
Plaintiffs’ May 11, 2004 fax note to Hernandez
Exhibit L-4:
Plaintiffs’ May 17, 2004 e-mail to Hernandez
Exhibit M:
Plaintiffs’ May 24, 2004 memorandum to Gerry Mulaney, NYT Deputy Metro
Editor for Politics
Exhibit N:
Plaintiffs’ June 17, 2004 memorandum-complaint to Public Editor Okrent
Exhibit O-1:
Plaintiffs’ June 17, 2004 e-mail to Public Editor Okrent (3:21 p.m.)
Exhibit O-2:
June 17, 2004 automated acknowledgment (3:28 p.m.)
Exhibit O-3:
Arthur Bovino's June 17, 2004 e-mail to Plaintiffs (3:34 p.m.)
Exhibit O-4:
Plaintiffs’ June 17, 2004 e-mail to Bovino (4:29 p.m.)
Exhibit O-5:
Arthur Bovino's June 17, 2004 e-mail to Plaintiffs (4:43 p.m.)
Exhibit O-6:
Plaintiffs’ June 17, 2004 e-mail to Bovino (5:56 p.m.)
Exhibit O-7:
Arthur Bovino's June 17, 2004 e-mail to Plaintiffs (10:12 p.m.)
Exhibit O-8:
Plaintiffs’ June 18, 2004 e-mail to Bovino (2:27 p.m.)
Exhibit O-9:
Plaintiffs’ June 20, 2004 e-mail (4:22 p.m.)
Exhibit O-10:
Daniel Okrent’s June 21, 2004 e-mail to Plaintiffs (11:16 a.m.)
Exhibit O-11:
Plaintiffs’ June 22, 2004 e-mail to Okrent (9:32 a.m.)
Exhibit O-12:
Arthur Bovino's June 22, 2004 e-mail to CJA (9:47 a.m.)
Exhibit O-13:
Plaintiffs’ June 22, 2004 e-mail to Bovino (10:48 a.m.)
Exhibit O-14:
Arthur Bovino's June 22, 2004 e-mail to CJA (11:14 a.m.)
Exhibit O-15:
Plaintiffs’ June 22, 2004 e-mail to Arthur (3:07 p.m.)
Exhibit P:
Plaintiffs’ June 25, 2004 e-mail (cc) to Public Editor Okrent, Gerry Mulaney,
Philip Taubman,
Raymond Hernandez, Neil Lewis
Exhibit Q:
Plaintiffs’ July 29, 2005 letter to NYT Executive Editor Bill Keller
Exhibit R-1:
Plaintiffs’ August 16, 2005 memorandum to NYT recipients of July 29, 2005
letter
Exhibit R-2:
Plaintiffs’ March 26, 2003 written statement of opposition to the nominations of
Judge Wesley
& P. Kevin Castel, Esq.
Exhibit S-1: Plaintiffs’ September 26, 2005 letter to NYT Public
Editor Byron Calame
Exhibit S-2:
Public Editor Calame’s September 30, 2005 e-mail
Exhibit T-1:
Plaintiffs’ November 30, 2005 letter to NYT Co. Assistant General
Counsel George Freeman
Exhibit
T-2: George Freeman’s December 2, 2005 letter, with envelope
postmarked December 6, 2005
Exhibit T-3:
Plaintiffs’ December 14, 2005 letter to George Freeman
Exhibit T-4:
Plaintiffs’ December 22, 2005 letter to George Freeman
Exhibit T-5 :
Plaintiffs’ December 30, 2005 letter to NYT Co. Senior Vice President & General
Counsel
Solomon B. Watson, IV
Exhibit T-6:
George Freeman’s January 3, 2006 letter
Exhibit T-7: Plaintiffs’ January 6, 2006 letter to Solomon B. Watson,
IV
Exhibit T-8 Plaintiffs’ January 12, 2006 letter to Solomon B. Watson,
IV,
with Plaintiffs’ November 1, 2005 and November 4, 2005 letters
Exhibit T-9:
Senior Counsel David McCraw’s January 12, 2006 e-mail
Exhibit T-10:
George Freeman’s January 10, 2006 letter
Exhibit T-11: Plaintiffs’ January 13, 2006 letter to David McCraw
Exhibit T-12:
David McCraw’s January 13, 2006 e-mail
Exhibit T-13: Plaintiffs’ January 16, 2006 letter to David McCraw
Exhibit T-14:
David McCraw’s January 17, 2006 e-mail
Exhibit T-15: Plaintiffs’ January 19, 2006 letter to David McCraw
Exhibit T-16: Plaintiffs’ January 24, 2006 letter to NYT Co. Senior Vice
President & Chief Legal Officer
Solomon B. Watson, IV
Exhibit T-17: Plaintiffs’ January 27, 2006 letter to Solomon B. Watson,
IV
Exhibit T-18:
Plaintiffs’ January 30, 2006 letter to NYT Co., Secretary, Corporate Governance
Officer & Senior
Counsel Rhonda L. Brauer
Exhibit T-19:
Plaintiffs’ February 3, 2006 memo to all individual defendants except Okrent
Exhibit T-20: Plaintiffs’ February 13, 2006 letter to Edward
Bohan, Legal Assistant
Exhibit T-21:
Plaintiffs’ February 14, 2006 letter to Solomon B. Watson, IV and Rhonda Brauer
Exhibit T-22: Plaintiffs’ March 2, 2006 letter to Edward Bohan
NEW YORK TIMES' NOTICE OF MOTION to Dismiss the Complaint
for Failure to State a Cause of Action,
dated April
13, 2006
---
Affidavit of NYT Assistant
General Counsel George Freeman, sworn to April 12, 2006
Exhibit A:
purported transcript excerpt of May 22, 2003 Senate Judiciary Committee hearing
Exhibit B:
transcript of June 28, 2004 sentencing proceeding
---
Defense Counsel Freeman's Memorandum in Support of
Motion to Dismiss,
dated April 13, 2006
PLAINTIFFS' NOTICE OF CROSS-MOTION for Sanctions,
Disciplinary Referrals, Disqualification of Mr. Freeman & The New York Times
Legal Department, Default Judgment, Summary Judgment & Other Relief,
dated June 1, 2006
---
Plaintiff Sassower's Affidavit
in Opposition to NYT Dismissal Motion & in Support of Plaintiffs'
Cross-Motion,
sworn to June 1, 2006
Exhibit U:
November 16, 2005 program of New York University Law School Alumni Association
Exhibit V-1:
Summons with Notice, filed & dated November 4, 2005
Exhibit V-2: Affidavit of
Richard P. Simmonds, sworn February 23, 2006
Exhibit V-3: Affidavit of
Robert Haak, sworn February 28, 2006
Exhibit W: George
Freeman's Notice of Appearance & Demand for Complaint, March 1, 2006
Exhibit X-1:
Elena Sassower's March 9, 2006 letter to George Freeman
Exhibit X-2:
Elena Sassower's March 15, 2006 letter to George Freeman
Exhibit X-3:
George Freeman's March 14, 2006 letter to Elena Sassower
Exhibit X-4:
Elena Sassower's March 17, 2006 letter to George Freeman
Exhibit X-5:
postmarked envelope from NYT Co., March 20, 2006
Exhibit Y:
Eli Vigliano's Affirmation of Service, March 21, 2006
Exhibit Z-1:
Elena Sassower's April 17, 2006 letter to George Freeman
Exhibit Z-2:
George Freeman's April 18, 2006 letter to Elena Sassower
Exhibit Z-3:
Elena Sassower's May 1, 2006 letter to George Freeman
Exhibit Z-4:
George Freeman's May 8, 2006 letter to Elena Sassower
Exhibit Z-5:
Elena Sassower's May 23, 2006 letter to George Freeman
Exhibit Z-6:
George Freeman's May 23, 2006 e-mail
Exhibit AA-1:
coverpage & 2-page excerpt of SJC June 25, 1996 hearing
Exhibit AA-2: CJA's
website "Paper Trail to Jail": as it appeared in weeks preceding dismissal
motion
Exhibit BB-1:
Elena Sassower's June 30, 1992 letter to Arthur Sulzberger, Jr.
enclosing June 30, 1992 complaint to NYC Department of Consumer Affairs
& Sulzberger's editorial statement "From the Publisher"
Exhibit BB-2:
July 14, 1992 letter from NYT Co. Vice President & General Counsel Solomon B.
Watson, IV,
to NYC Dept of Consumer Affairs
Exhibit BB-3:
July 15, 1992 letter from Arthur Sulzberger to Elena Sassower
--- Plaintiffs'
Memorandum of Law in Opposition to NYT Dismissal Motion & in Support of
Plaintiffs' Cross-Motion, June 1, 2006
Defense Counsel
Freeman's Reply Affidavit, sworn to June 9, 2006
Exhibit A:
transcript pages of the Senate Judiciary Committee's May 22, 2003 confirmation
hearing
Plaintiff
Sassower's Reply Affidavit,
sworn to June 13, 2006
JUNE 14, 2006 ORAL ARGUMENT at which Plaintiff
Sassower handed up to the Court two law review articles in substantiation of
Plaintiffs' journalistic fraud cause of action:
(1)
Journalistic Malpractice:
Suing Jayson Blair and the New York
Times for Fraud and Negligence",
by Professors Clay Calvert & Robert D.
Richards, 14 Fordham Intellectual Property,
Media &
Entertainment Law Journal 1 (2003-2004)
(2)
"Access
to the Press -- A New First Amendment Right",
by Professor Jerome A. Barron,
80 Harvard Law Review 1641 (1966-1967)
PLAINTIFFS' NOTICE OF MOTION for Disqualification of
"Acting Supreme Court Justice" Gerald E. Loehr for Demonstrated Actual Bias &
Interest, Vacatur of his July 5, 2006 Decision & Order by Reason Thereof or Upon
the Granting of Reargument/Renewal, Disclosure & Referral to Administrative
Judge Francis A. Nicolai, Vacatur of the County Clerk's August 1, 2006 Judgment
& Other Relief,
dated August 21, 2006
---
Plaintiff Sassower's Moving Affidavit in Support of
Disqualification/Disclosure, Reargument/Renewal, Vacatur,
sworn to August 21,
2006
Exhibit CC:
Judge Gerald E. Loehr’s July 5, 2006 decision and order, granting defendants’
motion to dismiss
the complaint and denying plaintiffs’ cross-motion
Exhibit
DD: Administrative Judge Francis A. Nicolai’s May 8, 2006 notice
assigning this action to "Acting
Supreme Court Justice" Gerald E. Loehr
Exhibit EE:
August 1, 2006 judgment signed by Westchester County Court Clerk Timothy C.
Idoni
Exhibit FF:
Request for Judicial Intervention (RJI), filed with the Westchester County
Clerk’s Office on
April 25, 2006, by George Freeman, Esq. on behalf of defendants The New York
Times
Company, et al.
Exhibit
GG-1: Supreme Court Justice Mary H. Smith’s August 4, 2004 recusal order in
George Sassower v.
Feltman, Karesh, Major & Farbman, et al. (Index
#20421-92)
Exhibit GG-2: Supreme Court Justice John R. LaCava’s April 16, 2004 order
of recusal in George Sassower v.
Feltman, Karesh, Major & Farbman, et al. (Index #20421-92)
Exhibit HH:
“Veteran Democrats bid to unseat Republican judges”, The Journal News,
October 27, 2004
Exhibit II:
“Politicos pay tribute to a poster boy of cronyism: Tax cheat Arred
gets a big turnout at party”,
The Journal News, column by Phil Reisman, August 1, 2006
Exhibit JJ: Doris L. Sassower’s published Letter to the Editor,
The Westchester Crusader, April 8, 2004
Exhibit
KK-1: CJA’s webpage of Castracan v. Colavita
Exhibit
KK-2: CJA’s webpage “papertrail of suppression, protectionism, and
blackballing” by The New York
Times from 1990 and 1991
Exhibit LL-1: Doris L. Sassower’s October 24, 1991 letter to Governor
Cuomo, with enclosures, filed as a
complaint with the New York State Commission on Judicial Conduct:
(a)
1989 three-year judge-trading cross-endorsements
deal
(b)
Doris L. Sassower’s Letter to the Editor, “Cross-Endorsement:
Questions of Protection”,
New York Times, June 9, 1991
(c) Doris
L. Sassower’s column “Judicial-Selection Panels: An Exercise in Futility?”,
New York Law Journal, September 22, 1971
(d)
Doris L. Sassower’s 1989 Martindale-Hubbell Law
Directory listing
Exhibit
LL-2: Commission’s January 7, 1992 letter dismissing the October 24, 1991
complaint
Exhibit MM: “Where
Do You Go When Judges Break the Law?”, CJA’s $16,770 public interest ad on
The New York Times’ Op-Ed page of October 26, 1994
Exhibit NN-1: CJA’s March 4, 2003 facially-meritorious and documented
judicial misconduct complaint against
Justice LaCava and Administrative Judge Nicolai, filed with the New York State
Commission on
Judicial Conduct
Exhibit NN-2: Commission’s June 19, 2003 letter dismissing the March 4,
2003 complaint
Exhibit OO: “Westchester’s
Matrimonial Part Revamped in Wake of Infighting”, New York Law Journal,
June 26, 2006, front page
Exhibit
PP-1: Plaintiff Sassower’s August 7, 2006 letter to Westchester County
Clerk Timothy C. Idoni
Exhibit PP-2: August 8, 2006 letter of Westchester County Deputy Clerk
John J. Allen
---
Plaintiffs' Memorandum of Law in Support of Motion for
Disqualification/Disclosure, Reargument/Renewal, Vacatur,
dated August 21,
2006
-- Appendix:
In-Depth Analysis of the "Deemed True" Allegations of the
Verified
Complaint Recited by the July 5, 2006 Decision & Order
Defense Counsel
Freeman's Affidavit in Opposition to Plaintiffs'
Motion for Disqualification, Reargument, Renewal and Vacatur,
sworn to September 19, 2006
Plaintiff Sassower's Reply Affidavit in Further Support of
Plaintiffs' August 21, 2006 Motion for Disqualification/Disclosure,
Reargument/Renewal, Vacatur,
sworn to September 25, 2006
Exhibit
QQ: exchange of correspondence
Exhibit
RR: "Institutional Reckless Disregard for Truth in Public Defamation
Actions Against the Press"
by Professors Randall P. Bezanson & Gilbert Cranberg, 90 Iowa Law Review 887
(March 2005)
Judge Loehr's September 27, 2006 Decision & Order
APPELLATE DIVISION, SECOND DEPARTMENT
Docket # 2006-8091
# 2006-10709
# 2007-186
PLAINTIFFS' NOTICE OF APPEAL & REQUEST FOR APPELLATE DIVISION INTERVENTION,
dated August 21, 2006 --
Appellate
Division acknowledgment,
August 25, 2006
PLAINTIFFS' NOTICE OF APPEAL & REQUEST FOR APPELLATE DIVISION INTERVENTION,
dated December 21, 2006 --
Appellate Division acknowledgment, January 8, 2007
* * *
Elena Sassower's February 1, 2007 letter to George Freeman
George Freeman's
February 1, 2007 e-mail & subsequent e-mail exchange
Elena Sassower's February 15, 2007 letter to the Appellate
Division, Second Department, enclosing signed stipulation enlarging
plaintiffs-appellants' time to file their appeal brief to April 23, 2007
SO-ORDERED STIPULATION ENLARGING TIME
Elena
Sassower's March 29, 2007 letter to Appellate Division, Second Department Clerk
James Pelzer --
"RE: Application for Permission to File Oversized Brief"
Appellate Division Clerk Pelzer's
April 6, 2007 letter
Appellants'
APPEAL BRIEF,
April 23, 2007
Table of Contents to Record on
Appeal
Supplement to the Record
Appellant
Sassower's Order to Show Cause,
signed April 23, 2007, returnable
May 2, 2007
Eli Vigliano's
Supporting Affirmation, dated April 24, 2007
Appellant Sassower's Supplemental Affidavit, sworn to April 25, 2007
--
Exhibit A:
Sassower's April 23, 2007 letter to Appellate Division Clerk Pelzer
George Freeman's May
1, 2007 letter to Appellate Division
Appellate Division's May
8, 2007 Decision & Order on Motion
George
Freeman's June 27, 2007 coverletter to Appellate Division, Second Department
Clerk Pelzer
New York Times' Opposing Brief, June 27, 2007
Elena
Sassower's July 5, 2007 letter to George Freeman -- "RE: Stipulation for
Enlargement of Time"
Mr. Freeman's
e-mail -- "RE: Stipulation Enlarging Time -- Reply Brief"
Elena Sassower's
July 9, 2007 letter to Appellate Division, Second Dept. Clerk Pelzer -- "RE:
So-Ordering of Stipulation for Enlargement of Time for Plaintiff-Appellants'
Reply Brief
Stipulation for
Enlargement of Time, so-ordered by Appellate Division, Second Dept. Clerk Pelzer
Appellants' REPLY BRIEF,
July 24, 2007
Elena Sassower's
December 10, 2007 letter to Appellate Division, Second Department Clerk
--
"Electronic Recording of Oral Argument: Friday, December 14, 2007"
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