Johnny Caito 7:07 p.m., July 28
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Why Filner should file a defamation case
Cory Briggs, along with attorney Marco Gonzalez and former City Councilmember Donna Frye have all joined together to demand San Diego Mayor Bob Filner step down over sexual harassment allegations that have yet to be proven.
The trio has made multiple statements during multiple press conferences about how horrific these allegations are and how the mayor should not wait for due process to be served, but should simply step down and allow a new mayor to take over. Of course, no one has actually stepped forward to make these claims and no evidence has been presented. The attorneys were finally forced to begin a process to investigate the claims, but chances that criminal action will be filed are very slim at this point especially considering Lori Saldana who was shown the claims behind closed doors had to concede the claims would not even warrant civil action.
But in order to continue this massive theater to insinuate the mayor has done something horrible and must step down they had to reluctantly take this next step. And I am certain there will be plenty more anonymous victims flooding the Hotline to claim they have been harassed so the criminal investigation will take months!....enough time to successfully launch a recall campaign before an investigation can be made and the mayor can be exonerated of any charges. The special interests behind this coup have a lot invested in making sure the rumors and allegations swirl around for as long as possible.
In fact the entire recall campaign is being launched on these baseless unproven allegations. So should Filner file a defamation case? Absolutely. This case seems to be the definition of defamation.
Cory Briggs, along with attorney Marco Gonzalez seem to think it will be impossible for Filner to claim defamation because he has to prove "malice".
Well "malice" simply means they showed a "reckless disregard for the truth" and that seems to be a slam dunk at this point. It definitely appears that these attorneys received information that they knew was false and publicly proclaimed the information to be true knowing it was a lie and was designed to get the mayor to step down.
The 1964 case New York Times Co. v. Sullivan, changed the nature of libel law in the United States by establishing that public officials could win a suit for libel only when they could prove beyond a reasonable doubt that the media outlet in question knew the information was wholly and patently false or that it was published "with reckless disregard of whether it was false or not." But this case appears to be just that.
Briggs, along with attorney Marco Gonzalez seem to think it would be impossible for Filner to prove this, but I doubt that. It is becoming clearer everyday to me and a lot of people paying close attention to this case that this was coordinated. It is not simply a case of Gonzalez and Briggs and the developer run media being snowed over by a couple of overly dramatic victims, this is a case of big power-brokers conspiring in a desperate effort to remove Filner from office so they could insert a new mayor more friendly to their cause.
Of course Filner has to be smart about how he does it, but I think he has an excellent defamation case. He could start by filing a defamation case against 10 News for the interview they did with an anonymous woman. Then they would be forced to reveal their source and if the claim is false you can begin there. Then 10 News will have to testify to the fact that they knowingly interviewed this woman in order to hurt your reputation. And the woman will have to testify to how they found her and hired her. Was she paid for that interview?
The more you can get people on the stand testifying, the better off you will be. And this one case could open the entire can of worms. Get Marco Gonzalez on the stand to reveal why he is soliciting random people on Facebook like myself to contact him so he can give us the details of the case. That is very unusual behavior for an attorney and begs a lot of questions about the validity of the claims and the MO for the claims.
Filner should hire a team to investigate communications between the politicians that have asked him to step down and Marco Gonzalez, Cory Briggs or the Republican Private Investigator hired to follow Filner. He should also look for communications from Todd Gloria and his office on a 2013 mayoral run. If you can show that there was discussion about a mayoral race in 2013 prior to the allegations being officially announced it may lend credibility to a fabricated story, thus defamation.
Briggs called the mayor a "predator" on Twitter and Donna Frye contended city employees, mayoral campaign volunteers and constituents claim the mayor groped them and forcibly kissed them. Well first of all it's important to remember the mayor is allowed to have a personal life. The question is were these statements 1: true, and 2: were they made to hurt the mayors reputation. How did Donna Frye become aware of the allegations? This is key.
This group of women went to Donna Frye of their own accord? That seems odd since none of them went through proper channels to make their claims. Likely, someone TOLD them to go to Donna or someone may have even hired them. So getting these women under oath is key because we need them to testify about why they took their claims to Donna and we need to check and see if they have any connections to the Republican PI that was following Filner for years. Were these girls even working under their real names? If not that would be a big win for Bob. In fact, since Filner probably knows who at least 1 or 2 of these women are he should hire his own PI to see if there is a possibility that they were hired. Do they have an acting or PI background? All of this would help Bob prove it was a setup and thus defamation.
If he can find that out it will be a home-run because you know if these girls were hired or were paid there is no way they will want to go under oath. Filner will "win" simply by getting these people on the stand. 10 News has been the most ferocious along with the UT and even PBS. I suspect they all know the truth and know this was a setup. If he could get them to testify that would reveal a lot of the strategizing to oust Filner.
More like this:
- City attorney Goldsmith boasted how he worked on Filner ouster for 8 months — Oct. 18, 2013
- City Attorney Jan Goldsmith says recall law is unconstitutional and should be struck down. — July 30, 2013
- Go Bob Go!!! Don't resign Filner! We the people need you now more than ever! — July 16, 2013
- It's a lynching until proven otherwise — July 15, 2013
- Is Mayor Filner being set up by special interests? — July 10, 2013