Cassandra Fairbanks
to louisemensch

Dear Miss Mensch,

I am required pursuant to New York law to first issue a request for retraction before filing a lawsuit for libel per se, general libel, libel by implication, intentional infliction of emotional distress, and publicity given to private life, and all other potential causes of action emanating from your February 14, 2017 story titled "The Carolina Conspiracy" and related tweets issued from your Twitter account.

BACKGROUND

In your story, you allege that I play some sort of mastermind role in my capacity as a writer for Sputnik News in a plot to subvert the 2016 US election. In reality, I am a single mother who works three jobs who does not even have the final say so on what topics I write on - I can pitch a story but it is left to the discretion of the weekday editor Chris who is a wonderfully gay man and rabid Hillary Clinton supporter.

In your piece, you allege that because I tweeted about a pro-Trump story on Twitter written by a friend of mine, wore a particular shirt on a give day, and happen to be employed - legally I might add - at a controversial news outlet that somehow I am at the center of a nebulous plot to falsely ensnare Anthony Weiner in a criminal act in order to make available the fruits of what you claim are illegally planted evidence available to the FBI such that Director Comey was forced to make a statement that altered the trajectory of the election.

Further you claim both that "executives" at Sputnik threatened staff to obtain CIA emails while at the same time claiming that the news outlet already possessed those emails (huh?). All of that is laughable.

So, as a low-level employee with no final say on what stories are ran which I normally have to run through a gay, pro-Hillary editor, you allege that I somehow was the architect of a hacking scheme based in North Carolina, a story by another news outlet, the actions of the NYPD and the FBI, and whatever else to subvert the US election. To be very frank, if I were that clever would I be toiling around for Sputnik?

However, it gets worse in your Twitter commentary when you allege that I "catfished" Anthony Weiner and that further that I "created" the letter by James Comey.

CAUSES OF ACTION IN LIBEL

Libel Per Se

You have falsely accused me of several acts of crime and moral turpitude regarding a matter to which I have not injected myself sufficiently to be deemed a limited purpose public figure - as such, under the law, as I am not a celebrity and appearing on MSNBC every other night like yours, I am considered a private figure.

The fact that you did not reach out to me to have a fair chance to rebut the evidence, failed to file applicable FOIA requests to fill in gaps in your narrative, did not receive a firsthand account from the 15-year-old girl, failed to consider more viable alternative explanations, and cited stories that have already been disproven or shot down as hoaxes is evidence that you were negligent in your fact-checking before making these inflammatory claims.

Nonetheless, you suggest to your readers in several instances that these are assertions of fact rather than opinion in the construction of the sentences and statements about "direct evidence." Thus, a defense of "fair comment" for pure conjecture or speculation is not applicable.

You also shoot yourself in the foot with the inverse with statements like "my theory" and "if I am right" which suggests that you harbor questions about the accuracy of the claims that you are making in your piece which attends to the negligence prong of this cause of action.

Libel by Implication

I would also point you to the fact that the state of New York, which would be an applicable jurisdiction for a lawsuit, has as recently as 2014 recognized the cause of action of libel by implication. Libel by implication allows for the trier of fact to consider the natural implication of the statements made against me in the context of the full article and even if specific statements about me are accurate, if the natural implication - that I am engaged in some nefarious plot to subvert Democracy - is false (which it damn well sure is) then I can recover.

OTHER CAUSES OF ACTION

Intentional Infliction of Emotional Distress

For intentional infliction of emotional distress one must show that the defendant (you) engaged in some outrageous behavior directed at the plaintiff (me) that intentionally or recklessly causes severe emotional distress.

Needless to say, being accused of a multitude of infamous crimes leaves me overwhelmed with apprehension for my liberty, the ability to further provide for my family as a single mother, and of the potential of harm should one of your readers take your article seriously and try to physically assault or kill me.

As a mother, I also now have the distinct pleasure (not a pleasure at all) of having to worry that my kid is going to get attacked or worse because their mother is being falsely accused of crimes she did not commit.

Publicity Given to Private Life

While you rely mostly on semi-public sources such as social media which would mitigate against this claim, in tweets you do refer to some of my personal associations and make allegations that I - again a private person - am a snitch who is allegedly working hand-in-hand with the FBI. This common law tort, which attends to a privacy interest, is recognized by the Restatement of Torts and is applicable in New York.

JURISDICTION

The case could presumably be brought in either Westchester County, New York - your home county (at least it appears off a cursory search of the White Pages directory) - or in my home district under the Calder Effects test with courts likely to find venue appropriate in either location.

Your home county is the least likely to be challenged on personal jurisdiction or venue grounds and has the added advantage of me needing to only convince 5 of 6 jurors as opposed to 6 of 6 in DC.

WAYS TO PREVENT THIS FROM GOING TO TRIAL?

It is very costly to defend a lawsuit. You are probably thinking to yourself, how can I prevent a lawsuit from going to trial if I choose not to retract this story. Honestly, there is no way, but we'll go through the list:

1. Personal Jurisdiction? Your home county so nope.
2. Subject Matter Jurisdiction? Under New York Law and in your home county so you cannot even file a motion to remove to federal. Nope.
3. Venue? Your home county so nope.
4. Failure to State a Claim? I've already stated a claim in a cursory email with more than sufficient facts plead to survive a motion. Nope.
5. Failure to Join a Necessary Party? Nope.
6. Insufficient process - I'll be very careful with the summons
7. Insufficient service of process - I'll have somebody serve you.

What does this mean?

It means you have to pay a whole lot of money. Moreover, in light of the nature of the action and the consistent harassment against me, don't think you can be cute and use a lawsuit to get news material - any court in the world would provide a protective order.

CONCLUSION

There are other colorable causes of action that could be brought pursuant to New York law such as the impairment of my future business and employment interests - something that is self-evident that you intend with your cute little air quotes around the word "journalist" - but need not be addressed at this moment because it is clear as day that you can be sued six ways from Sunday for your false, sloppy, and inflammatory piece that has caused gross injury upon me.

This is why you don't see journalists writing stories about the guy that pissed them off at the local 7-11 or that wench who heads their home owner's association - because if you are wrong about what you are saying about folks who are not celebrities and have not overtly inserted themselves into a controversy - a la me and your weirdo fucking conspiracy theory - then you will get the daylights sued out of you.

Fortunately for you, you live in New York which provides you one shot to remedy your malfeasance - your very gross malfeasance in this instance - so as to prevent a lawsuit. I certainly hope you are too ignorant to seize upon it as I'd love to take you to court.

Respectfully,
Cassandra Fairbanks