What can I say?

[MPDude]

What is the name of your state? MA

A political figure here in the state was arrested for 2 counts of money laundering and one of obstruction of justice.

I have the court documentation, with transcripts of the conversations where he offered to file false statements to vacate a conviction, and he was caught red handed laudering the money. the man is a lawyer, and he was laundering drug money.

Subsequently a judge disallowed some of the evidence because of wiretapping, and that is under appeal by the feds.

My question is... Can I legally quote the transcripts, since they are public domain and not be held to slander?

This guys is a real scumbag in many ways, and I want people to know that even if he gets off, he still did these things, but I don't want to lose my house.

This would also involve blogging the results. Does anyone want to venture?

 

[quincy]

Libel is damage to a person's reputation by a written statement. You must be extremely careful about what you write. One area where any writer needs to be most careful is when writing about crime or court proceedings. You need to have not only a good working knowledge of how the legal system operates, but also a clear knowledge of libel law.

If someone is arrested for a crime, for instance, they have not been charged with a crime, and to say that they are can be libelous. Your Massachusetts political figure, therefore, may have been arrested for money laundering and obstruction of justice, but he has been charged with nothing until a prosecutor brings charges. And the prosecutor may find there is not enough evidence to bring charges at all.

Writing that someone is charged with a crime more serious than the one they are eventually charged with can be libelous, as well. Your Massachusetts political figure may have been arrested for money laundering and obstruction of justice, but he may only be charged with obstruction of justice if the evidence does not support a money-laundering charge.

Also, you cannot write that this Massachusetts political figure was arrested on a charge of anything - a police officer arrests but only a prosecutor files charges, based on the evidence. It can be dangerous to print the name of this Massachusetts political figure, then, who was arrested by the police, because the prosecutor may find there is no evidence to support any charge. To print the name of someone arrested and later released with no charges filed can be libelous.


Carelessness by a writer, in other words, can lead to libel suits.

One area where a writer is fairly safe is when writing about what is said during a court proceeding. The writer must be sure that everything written is a full, fair and accurate report, though. A writer can report what is said even when what is said during these proceedings is false and/or defamatory. This covers ONLY what is said inside the courtroom during a court proceeding - and not what is said in the halls of the court or on the courtroom steps. If you have a transcript of the proceedings, you can "publish" what is said - however, you cannot just "pick and choose" your quotes. When quoting from a transcript, you must present a fair and BALANCED and accurate report of what is said - and to avoid problems avoid printing anything that has been disallowed by the judge. Arrest records, or any public record, can be reported, again if your report is accurate.

When dealing with political figures, anything you write that is false or is written with a "reckless disregard" of whether it is false or not, can lead to a libel suit. You must verify ALL that you write.

You can also express your opinion of this political figure, as opinions are free speech. If you think he is a scumbag, fine. If you say he is a scumbag because he launders money, however - this is not so fine, and you can be sued.

Basically, you can print truth, and true opinion.

But the bottom line is: You should have anything you write reviewed by a libel lawyer prior to publishing it.

 

[MPDude]

Quincy,

Thanks for the reply... The individual in question has been indicted by the federal government and the transcripts I have are obtained by the courthouse and are his own words.

My tact is... The person may be not guilty, but is not innocent as evidenced by his own words.

I would like to find someone to review this stuff, and I probably will, but I don't make any money off my musings. I'd have to find a lawyer who would do it for the betterment of society.

I do appreciate the advice.

 

[seniorjudge]

...
I would like to find someone to review this stuff, and I probably will, but I don't make any money off my musings. I'd have to find a lawyer who would do it for the betterment of society.
...

I am looking for a plumber who would work for free; that would be betterment of society as far as I am concerned!

 

[quincy]

Aren't all attorneys practicing law for the betterment of society (with the possible exception of this Massachusetts attorney currently being indicted, of course)?

Large law firms often have a requirement that their staff attorneys need to commit to a certain number of pro bono hours a month - that's a possibility. Or you can check out Massachusetts law schools. Law students are young, idealistic, and may still believe they can actually "better" society.

 

[MPDude]

I am looking for a plumber who would work for free; that would be betterment of society as far as I am concerned!

I hear ya! But a plumber makes more than most lawyers, and there are less of them!

I do appreciate the advice councilors...

 

[xylene]

Anonymity???

This guys is a real scumbag in many ways, and I want people to know that even if he gets off, he still did these things, but I don't want to lose my house.

I thought you were doing this for world betterment.

If you have the info, spill it discretely.

Or is it that your trying to make a name for your blog and maybe come up with something marketable? Or at least stroke your own ego.

I mean, if the guy is under indictment on the state and federal level... who are you? Some third tier blogger with no legal consultant.

Also, why are you so convinced the justice system will fail, and that you have the right answers. Or the right at all.

I mean if you have sealed evidence and want to 'blog' it, you must be thick headed to not see how that could cause a huge hassle.

 

[MPDude]

xylene,

Nothing I have is sealed. And I am a third tier blogger, who has no legal representation, and I have a small name for myself. We are in the same party, and he is dragging it down. I don't need to be anonymous, and while making a name for myself would probably happen, I am not necessarily doing it for that. There is rumor going around that unless I got substantial backup I wouldn't be putting out. Only stuff in the indictment, which is not sealed.

Most people have listened to him tell them that it's a political hatchet job, and haven't seen that he was on tape doing these things.

It is a federal indictment, not state.

I wouldn't be opposed to hiring a lawyer, but I'm not too sure on how the relationship would go, and if I did, I would want to try to make some money on these stories since I would be putting out the cash for a lawyer.

 

[Quaere]

Hmm, spill it discretely. Oh yeah, that's the ticket!

the man is a lawyer, and he was laundering drug money.

Well, SOMEONE HAS TO DO IT!


Quincy you make me laugh more than anyone on these forums:

Aren't all attorneys practicing law for the betterment of society

Sorry to hijack your thread Dude but I think Quincy did a good job of explaining that your proposition is high risk. BTW, how many blog tiers are there?

 

[quincy]

A couple of things:

First, MPDude, if you decide to spill anything discreetly, you can always spill it in the direction of a major Massachusetts newspaper. Newspapers won't pay for the information, but you can become widely known as "the unnamed source", which you can point to with a certain amount of pride.

Second, Quaere, I want to apologize for a post I made eons ago on this forum, when I said I took back what I said about liking your name (I think it was during a rather spirited debate we were having, and that was my only, rather pathetic, comeback to a legitimate point you had made ). At any rate, I actually like your name - although you seem to have more "answers" than "questions" on this forum, so it is a bit of a misnomer.