October 19, 2006
Neil J. Rosini, Esquire
Franklin, Weinrib, Rudell & Vassallo, P. C 488 Madison Avenue
New York, NY 10022-5707
Re: Jimmy Akin
Dear Mr. Rosini:
This firm represents Jimmy Akin,. I am in receipt of your correspondence to my client dated October 18, 2006, in which you claim—without citing any legal authority—that Mr, Akin defamed your client, Bill Moyers, by republishing certain statements from a newsletter penned by Dr. E.. Calvin Beisner on behalf of the Interfaith Stewardship Alliance dated October 9, 2006.
Mr. Akin categorically rejects your characterization of the blog post in question (“Pay no attention to that man behind the camera: Part Two,” October 13, 2006—the only place my client republished the statements in question), and—having reviewed the relevant case law—I find it highly unlikely that you can sustain a case against my client for defamation.
That having been noted, Mr. Akin is certainly willing to “immediately publish in full Mr. Moyers’s response to Dr. Beisner, as well as the retraction and apology of the Interfaith Stewardship Alliance if any, all with at least equal prominence to that given the . . . statements of Dr. Beisner”; not because your client demands it, but because he believes it is only fair to allow Mr. Moyers to have his say on the matter. I will email you the text and links to such posts once they are published. A post containing Mr. Moyers’s response to Dr. Beisner will be published on my client’s blog today, and (as a showing of good faith) will be featured as the top post for a 24-hour time period.
It is my sincere hope that the foregoing actions will resolve this matter between our clients.. If you choose, however, to proceed with a civil action against our client, notwithstanding his willingness to comply with Mr. Moyers’s demands, please understand that this firm will vigorously defend Mr. Akin’s rights and good name.
SLAD/cbt
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October 18, 2006
PDF SENT VIA EMAIL (JIMMYAKIN01@GMAILCOM)
Mr. Jimmy Akin
Re: Bill Moyers
Dear Mr. Akin:
This firm represents Bill Moyers. The following statement from the Interfaith Stewardship Alliance Newsletter dated October 9, 2006, by Dr. E. Calvin Beisner has been brought to our attention:
First, not earthshaking regarding climate science but of some interest to yours truly, Bill Moyers’s documentary "Is God Green?" (Click here: WGBH Programs) airs on PBS Wednesday evening, October 11 (check local listings). When Moyers interviewed me for the documentary last spring, he very candidly told me that he is a liberal Democrat and intended for the documentary to influence the November elections to bring control of Congress back to the Democrats. Don’t expect good science, economics, or ethics–or even journalistic balance. (Emphasis added.)
Dr. Beisner’s accusation is false and defamatory as it goes to the heart of Mr. Moyers’s integrity as a journalist. I am enclosing a copy of an e-mail from Mr. Moyers to Dr. Beisner dated October 17, 2006 in which he vigorously denies that any such statement was made and challenges Dr. Beisner to produce proof from his own tape recording to support his allegation. No such proof was produced.
We have demanded on behalf of Mr. Moyers a retraction from the Interfaith Stewardship Alliance stating clearly and without qualification that Dr. Beisner’s statement was erroneous, that Mr. Moyers never made any such statement to Dr. Beisner or anything colorably close to it, and apologizing to Mr. Moyers for the error.
You have re-published at https://www.jamesakin.com/reels_squares/2006/10/pay_no_attentio.html,
and perhaps elsewhere as well, Dr. Beisner’s statement as if it were true, and without seeking
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FRANKLIN, WEINRIB, RUDELL & VASSALLO, P.C.
Jimmy Akin
October 18, 2006 Page 2
corroboration from Mr. Moyers or proof from Dr. Beisner. In doing so, you have also defamed Mr. Moyers.
On behalf of Mr. Moyers, we demand that you immediately publish in full Mr. Moyers’s response to Dr. Beisner, as well as the retraction and apology of the Interfaith Stewardship Alliance, if any, all with at least equal prominence to that given the false statement of Dr. Beisner.
Nothing in this letter should be construed as a limitation of the rights and remedies of our client, all of which are expressly reserved.
Neil J. Rosini
NJR/aws
Enclosure
cc: Bill Moyers
281309/1/0471/0000
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Moyers, Bill
From: Moyers, Bill
Sent: Tuesday, October 17, 2006 12:47 PM
To: [Dr. E. Calvin Beisner]
Subject: What has come over you?
You are not telling the truth. In fact, what you wrote in the ISA newsletter is an outright lie. You claim that "When Moyers interviewed me for the documentary last spring, he very candidly told me that he is a liberal Democrat and intended for the documentary to influence the November elections to bring control of Congress back to the Democrats." I said nothing of the sort — nothing. To the contrary, I told you that I am an independent – members of the crew remember my saying that to you specifically (there were, remember, three other people in the room.) You yourself taped the entire session with your own recorder; show me where in the transcript such a conversation occurred. I also told you, as I told everyone interviewed, that we of course could not usethe entire interview but that I would post it on our Website when the broadcast aired, as was done. If I had said anything approaching what you claim I said, if you perceived any bias on my part. you could have — and should have refused to participate. But you did participate freely, you were treated fairly and honestly, and for you now to bear false witness is not only unChristian but astonishing. What am I to make of the many friendly emails you have sent over these months, signed: "In Christ, Cal"? Or our exchange on how much I have enjoyed your daughter’s CD that you sent? Your conservative evangelical brothers who were also interviewed in the documentary – from Richard Cizik to Tri Robinson to Allan Johnson (not a liberal among them) have written in praise of how they were treated. You and you alone have chosen to bear false witness to our conversation and to defame – in your own words –the ethics and journalistic balance of the documentary. You owe me arid my team an apology and a public retraction.
Bill
