Slow Dance On The Cutting Room Floor
Here are the people at Dead Breitbart being very excited that Blah-slayer George Zimmerman is trying to stick it to the lamestream media:
George Zimmerman intends to sue NBC for their misleading editing of audio tape of his 911 call the night Florida teen Trayvon Martin was shot and killed.
NBC fired a “seasoned” producer and two other employees after an internal investigation. It’s being reported that “Zimmerman’s attorneys are … naming news president Steve Capus and correspondent Ron Allen, who was the reporter on the scene for the broadcast on “Today” on March 27.” Indications are that the NBC has informed employees involved of the suit, instructing them to not comment to the media.
The misleading edit made it appear as though the fact that Martin was black was somehow significant to Zimmerman, when in fact, he only mentioned it in response to a question from the 911 dispatcher.
Here are other people at Dead Breitbart being sullen and uncommunicative about editing a video tape of Shirley Sherrod:
Seven months after the death of high-profile blogger and web publisher Andrew Breitbart, lawyers argued in Washington federal court today about how a defamation lawsuit against Breitbart should proceed while an appeal in the case is pending. The judge didn’t issue a ruling, but did express his displeasure that no one had provided the court with information on the status of Breitbart’s estate to date.
Former U.S. Department of Agriculture official Shirley Sherrod sued Breitbart, his colleague Larry O’Connor and an anonymous John Doe after Breitbart published video clips of Sherrod, who is black, speaking about her work. The video was accompanied by text accusing her of admitting to discriminating against a white farmer in her remarks. Sherrod claimed the clips were “deceptively edited” and, taken together with the accompanying text, defamatory.
The defendants moved to dismiss the case under the District of Columbia’s law against strategic lawsuits aimed at public participation, known as an anti-SLAPP law, but it was denied by U.S. District Judge Richard Leon. The as-yet-untested issue of whether the city’s anti-SLAPP law can apply in federal court, among others, is pending before the U.S. Court of Appeals for the D.C. Circuit, but Sherrod’s lawyers filed a motion asking Leon to allow discovery to proceed in the meantime.
A lead counsel for Sherrod, Kirkland & Ellis partner Beth Williams, argued today that discovery should move ahead in several areas, including on the status of Breitbart’s estate, the identity of the anonymous source named as the third defendant, and the pursuit of testimony from witnesses, including the farmer who Sherrod talked about in the video. Those issues aren’t before the D.C. Circuit, Williams said, so there’s no reason Leon shouldn’t have the jurisdiction to order discovery.
“It’s another attempt to drag this out,” Williams said, referring to the defendants’ opposition to discovery.
Leon did not issue a decision from the bench, but did say that he was “disappointed” that no one had filed a report on the status of Breitbart’s estate so far. He said it seemed as though counsel were trying to “hide the ball” from the court, adding that, “the court doesn’t appreciate hide the ball.”
Surprisingly Big Journalism is not featuring this late breaking story. Maybe it will be posted on Big Lawsuit or more likely Big You Are All Shirley Sherrod’s Bitches Now.