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Who's Paying the Lawyer for the Michigan GOP Official?
Matt Davis, the attorney for the plaintiff in the defamation suit filed against the Michigan Messenger was quite talkative about the particulars of the suit when TPMmuckraker called him this morning, but declined to say who was paying his legal fees.
"I don't comment on my clients," Davis said in answer to inquiries about who was employing him, but directed us to the spokesman for the Michigan Republican party for further questions.
Davis said his client's suit claims both negligent and malicious defamation and criticized the Messenger for possibly violating their non-profit status by engaging in political speech.
"They call themselves a non-profit," Davis said, citing a letter he received from an attorney who at the time, claimed to represent the Messenger and its parent company the Center for Independent Media.
"You can't go out and engage in political speech as a non-profit," Davis continued. "They risk heavily their 501c3 status. . . I'm in the midst of asking them for their 1033 1090 and also their certification letter from the IRS."
A call to the GOP spokesman for Michigan was not immediately returned.





I think you mean attorney for the plaintiff.
October 3, 2008 1:03 PM | Reply | Permalink
The defendants in this defamation suit have standing to inquire into alleged GOP legal counsel harassment under Anti-Slapp. One question is whether 42 USC 1983 arises. Is this an effort by the government to deprive someone of their constitutionally protected rights? Knowing who is paying for the defamation suit is material in establishing whether there is a 42 USC 1983 issue.
Once 42 USC 1983 is attached to a counter-suit, this would broadly give the bloggers legal standing to broadly inquire into other alleged criminal conduct connected with the GOP: Alleged war crimes, FISA violations, POW abuse, witness tampering, and NSA domestic surveillance.
It might be possible to show US government officials connected with the DOJ, GOP, and White House have engaged in a course of alleged reckless abuse of defamation suits to intimidate Americans from exercising their Constitutionally protected rights. It is reasonable to assume the same legal counsel connected with the US Attorney firings are connected with the GOP officials who have failed to timely challenge these statements about voter caging.
Let's get the House Judiciary Committee on board, and inquire into alleged criminal use of political parties and judicial resources to intimidate civilian news reporters.
- What role does the Presidentially-connected GOP have in using White House resources, funds, and campaign contributions to stifle free speech on issues of public interest?
- When did the White House counsel discuss these legal issues with the President, OVP, and GOP to retaliate against voters who (a) comment on these issues; (b) have suffered financial losses; and/or (c) have lost their homes and might vote against the GOP.
- When does the American public -- who have been recklessly abused through FISA violations, NSL abuses, home raids, and demands for a bailout -- plan to work with defendants of this defamation suit, and use 42 USC 1983 to broadly assault in court the alleged reckless GOP legal counsel abuse of the courts to stifle free speech of alleged illegal activity, voter intimidation?
Americans have been abused by this GOP under this President. Time for the public to unite, call this domestic intimidation what it is, and broadly use the power of 42 USC 1983 to do what this Congress refuses to do: Gather evidence of this President's alleged domestic illegal activity to retaliate against American citizens for engaging in lawful, truthful discussion of voter intimidation.
October 3, 2008 2:05 PM | Reply | Permalink
I can see you MUST have a legal background...Thank goodness someone is using it for the good of the people!
Thanks ;)
October 3, 2008 5:38 PM | Reply | Permalink
Yep, as soon as you claim that reporting on voter caging is political speech, you're right in the middle of SLAPP territory. And possibly disciplinary action for the attorney.
I would expect the michigan GOP simply thought that their target had no resources available to fight a suit and would fold immediately. If they thought at all.
October 3, 2008 2:21 PM | Reply | Permalink
This outlines some of the 501c3 issues which the bloggers may wish to explore when reviewing Davis' finances.
October 3, 2008 3:11 PM | Reply | Permalink
Davis is wrong about the limits on 501(c)(3) organizations, and his comment about "asking them for their 1033 1090 and also their certification letter from the IRS" is gibberish.
Tax exempt (not "non-profit," there's a difference) organizations described in section 501(c)(3) are limited by the requirement that "no substantial part" of their activities is "carrying on propaganda, or otherwise attempting, to influence legislation" (subject to certain exceptions in 501(h)) and they cannot "participate in, or intervene in (including the publishing or distributing of statements), any political campaign on behalf of (or in opposition to) any candidate for public office." Educating the public about efforts to disenfranchise voters should not violate either of those restrictions.
The reference to "1099 1090" might be references to the Form 1023 that organizations must file to get tax-exempt status, and the Form 990 that is the annual information return that most tax exempt organizations are required to file. Or it might be just gibberish.
And, not to get too picky, but charities receive *determination* letters from the IRS, not "certifications."
October 3, 2008 5:41 PM | Reply | Permalink
Heh. Sounds like we're getting ready to Par-Tay! Can y'all say "counter suit"?
:-D
October 3, 2008 8:00 PM | Reply | Permalink
before getting his jd from the rinky dink cooley law school three years ago, davis was occasionally identified as a spokesperson for the michigan GOP - like when he was collecting signatures to get ralph nader on the ballot in 2004.
October 3, 2008 10:39 PM | Reply | Permalink
Here is a rundown on Matt Davis.
October 3, 2008 11:18 PM | Reply | Permalink
TPMM readers,
I'd like for you to review this information. Note the email listed; and the next comment which links to a 527.
There is a 527 listed with that email, which matches the attorneys name.
We speculate that the likely source of the funding for this lawsuit is the listed 527, connected with that email, and Davis.
Good luck.
October 3, 2008 11:53 PM | Reply | Permalink
If you want to visit someone who might know, go here and ask them about the checking account listed on the FEC documents and the 527.
October 4, 2008 12:04 AM | Reply | Permalink