Federal Judge Chides Andrew Breitbart for ‘Overreaching’ in Shirley Sherrod Lawsuit

Judicial displeasure expressed
Wingnuts • Views: 36,562

Things aren’t going very well for Andrew Breitbart in the defamation lawsuit filed against him by former USDA official Shirley Sherrod, and now Breitbart and his lawyers have been scolded by U.S. District Judge Richard Leon (a George W. Bush appointee): Federal Judge: Blogger Likely ‘Overreaching’ With Anti-SLAPP Motion.

In a new filing (PDF) this afternoon, U.S. District Judge Richard Leon expressed his displeasure with a decision by defendants in a defamation lawsuit to appeal his denial of their motion to dismiss.

At issue is former U.S. Department of Agriculture official Shirley Sherrod’s defamation lawsuit against blogger Andrew Breitbart and one of his colleagues, Larry O’Connor. Sherrod sued both men in Washington federal court in Feb. 2011, claiming they posted a deceptively edited clip of Sherrod online that eventually got her fired.

Breitbart and O’Connor moved to dismiss the case under a District of Columbia law barring strategic lawsuits against public participation, or SLAPPs. The anti-SLAPP law is designed to stop litigation aimed at chilling protected speech. Leon denied the motion in July in two-sentence minute orders. After the defendants’ appealed, the U.S. Court of Appeals for the D.C. Circuit asked Leon on Feb. 7 to explain his decision.

In the statement of reasons filed today, Leon said he denied the motion because the law, which went into effect last March, couldn’t be applied retroactively to Sherrod’s case, which was filed the month before. Even if the law could be applied retroactively, Leon wrote that the defendants missed their time window to file the motion.

“Regrettably,” Leon wrote, “it appears that the defendants will not be satisfied with this Court’s ruling until a considerable amount of additional judicial and litigant resources are expended on its ‘novel,’ if not overreaching, motion.”

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78 comments
1 Daniel Ballard  Thu, Feb 16, 2012 5:43:59pm

Translated that is "Waaah, Waaah, Waaah".

2 Douchecanoe and Ryan Too  Thu, Feb 16, 2012 5:44:52pm

Rules are rules. You can try to throw the curveball, but expect the judge to get VERY mad at you if he catches it (and they usually do). And having the judge mad at you is a very bad way to go about a case.

3 Slumbering Behemoth Stinks  Thu, Feb 16, 2012 5:45:01pm

Andrew, behave yourself.

4 Kragar  Thu, Feb 16, 2012 5:45:28pm

Breitbart's reply to the Federal courts, "BEHAVE YOURSELVES!"

5 Targetpractice  Thu, Feb 16, 2012 5:46:04pm

One does wonder if Andy's attorney is going along with all this because he actually thinks it could work or because the added time for every motion and appeal is billable hours?

6 Kragar  Thu, Feb 16, 2012 5:46:13pm

re: #2 thedopefishlives

Rules are rules. You can try to throw the curveball, but expect the judge to get VERY mad at you if he catches it (and they usually do). And having the judge mad at you is a very bad way to go about a case.

We can ignore the courts. All the best Republicans say so.

7 Lord Baron Viscount Duke Earl Count Planckton  Thu, Feb 16, 2012 5:46:21pm

re: #4 Kragar

Breitbart's reply to the Federal courts, "BEHAVE YOURSELVES!"

"STOP CHIDING!"

8 jamesfirecat  Thu, Feb 16, 2012 5:47:08pm

I hope he's found guilty and I hope the sentence is that the bailiffs turn him upside down, shake him, and Ms. Shirley gets to keep whatever falls out (which should be his check books, credit cards and plenty of cash)

9 Douchecanoe and Ryan Too  Thu, Feb 16, 2012 5:47:17pm

re: #5 Targetpractice

One does wonder if Andy's attorney is going along with all this because he actually thinks it could work or because the added time for every motion and appeal is billable hours?

I wonder this about a lot of cases. Seriously, there are some motions that these attorneys file that are just flat-out WRONG. And I wonder if the lawyers truly think they can get away with it, or if it's just a way to turn a quick buck on a case they know is going down the toilet.

10 Velvet Elvis  Thu, Feb 16, 2012 5:50:38pm

My guess is they are hoping to make the case too expensive for Sherrod to continue.

11 Stanghazi  Thu, Feb 16, 2012 5:50:48pm

Not caring about the procedural fuckups, but hey, it is what it is.

I want JUSTICE. Based on Breitbart's complete bullshit being ruled wrong.

12 Targetpractice  Thu, Feb 16, 2012 5:50:50pm

re: #9 thedopefishlives

I wonder this about a lot of cases. Seriously, there are some motions that these attorneys file that are just flat-out WRONG. And I wonder if the lawyers truly think they can get away with it, or if it's just a way to turn a quick buck on a case they know is going down the toilet.

I guess it comes down to whether or not they really believe in the case. Those that do tend to make file such motions and make such Hail Mary passes because they hope that they'll find something, anything, that the judges won't be able to circular file.

Those don't...well, you know the saying "a fool and his money are soon parted."

13 Lidane  Thu, Feb 16, 2012 5:52:00pm

re: #5 Targetpractice

One does wonder if Andy's attorney is going along with all this because he actually thinks it could work or because the added time for every motion and appeal is billable hours?

Billable hours, I bet. At least until the federal judge gets pissed off, which is never a good thing. They can sic the US Marshalls on people, which is something most attorneys try to avoid.

14 ProGunLiberal  Thu, Feb 16, 2012 5:55:32pm

How screwed is Breitbart? On a scale from 1-10.

16 Slumbering Behemoth Stinks  Thu, Feb 16, 2012 5:56:36pm

re: #13 Lidane

They can sic the US Marshalls on people, which is something most attorneys try to avoid.

ohpleaseohpleaseohplease

17 Lidane  Thu, Feb 16, 2012 5:59:49pm

re: #16 Slumbering Behemoth

ohpleaseohpleaseohplease

Heh. If he was facing one of the federal judges here in Austin, they'd get invited to a party.

18 Bubblehead II  Thu, Feb 16, 2012 6:01:40pm

re: #10 Conservative Moonbat

My thoughts exactly. I also think the Judge thinks the same.

“Regrettably,” Leon wrote, “it appears that the defendants will not be satisfied with this Court’s ruling until a considerable amount of additional judicial and litigant resources are expended on its ‘novel,’ if not overreaching, motion.”

19 goddamnedfrank  Thu, Feb 16, 2012 6:04:29pm

Would the anti-SLAPP law even apply under normal conditions, if the law was preexisting and the motion filed on time? I mean, if such a case of deceptive editing qualifies as protected speech under normal public participation, then where is the line now drawn? Maybe no future act of libel will be actionable, no matter how egregious the lie or the harm it causes.

20 jamesfirecat  Thu, Feb 16, 2012 6:10:52pm

re: #17 Lidane

Heh. If he was facing one of the federal judges here in Austin, they'd get invited to a party.

Would they send some kind of van around to take him to the party, a partyvan if you will?

21 ProGunLiberal  Thu, Feb 16, 2012 6:12:00pm

re: #20 jamesfirecat

I am sad that I have but one upding to give.

Everybody, upding that comment please.

22 Lord Baron Viscount Duke Earl Count Planckton  Thu, Feb 16, 2012 6:12:45pm

re: #21 ProGunLiberal

Okay.

23 SpaceJesus  Thu, Feb 16, 2012 6:14:28pm

what an idiot. i hope she bankrupts him

24 Kragar  Thu, Feb 16, 2012 6:15:11pm

re: #23 SpaceJesus

what an idiot. i hope she bankrupts him

He already is...oh, you didn't mean morally.

25 WINDUPBIRD DISEASE [S.K.U.M.M.]  Thu, Feb 16, 2012 6:16:40pm

re: #23 SpaceJesus

what an idiot. i hope she bankrupts him

Shirley Sherrod's Big Government! :D

26 Lord Baron Viscount Duke Earl Count Planckton  Thu, Feb 16, 2012 6:17:26pm

re: #25 windupbird is in the gravity well

Shirley Sherrod's Big Government! :D

Best thought of the day :)

27 HappyWarrior  Thu, Feb 16, 2012 6:19:31pm

Breitbart's a pathetic little douchebag.

28 Stanghazi  Thu, Feb 16, 2012 6:19:37pm

All Shirley needs to do is put out a web bomb,she and her attys will get enough funds to crush.

29 jaunte  Thu, Feb 16, 2012 6:20:05pm

re: #27 HappyWarrior

BEE-HAVE..
oh nevermind.

30 Lord Baron Viscount Duke Earl Count Planckton  Thu, Feb 16, 2012 6:21:39pm

re: #29 jaunte

BEE-HAVE..
oh nevermind.

31 Ben G. Hazi  Thu, Feb 16, 2012 6:23:03pm
32 aagcobb  Thu, Feb 16, 2012 6:23:35pm

More good employment news. Hope the good news keeps coming so that the President is reelected, he gets some help in Congress, and the recovery isn't strangeled by shortsighted austerity measures next year.

33 Lord Baron Viscount Duke Earl Count Planckton  Thu, Feb 16, 2012 6:24:06pm

re: #31 talon_262

What an insensitive shitheel.

What an openly racist fuck.

What a typical foxnews commenter.

34 Kragar  Thu, Feb 16, 2012 6:24:38pm

re: #30 e_e

[Video]

People who post a video of them filming a TV should be forced to watch a constant feed of the GOP debates while undergoing the Ludovico Treatment.

35 HappyWarrior  Thu, Feb 16, 2012 6:25:03pm

re: #31 talon_262

What an insensitive shitheel.

Bolling should heed his own advice after some of the shit he's said.

36 Lord Baron Viscount Duke Earl Count Planckton  Thu, Feb 16, 2012 6:25:30pm

re: #34 Kragar

People who post a video of them filming a TV should be forced to watch a constant feed of the GOP debates while undergoing the Ludovico Treatment.

I suspect it has to do with copyright. Just like people posting still images with sound.

37 WINDUPBIRD DISEASE [S.K.U.M.M.]  Thu, Feb 16, 2012 6:25:45pm

re: #33 e_e

What an openly racist fuck.

What a typical foxnews commenter.

Fox News is rapidly approaching the point where Idiocracy's protrayal of it will seem milder than the real thing

38 Kragar  Thu, Feb 16, 2012 6:26:14pm

re: #36 e_e

I suspect it has to do with copyright. Just like people posting still images with sound.

I think it has more to do with people not understanding how to capture a video clip.

39 Lord Baron Viscount Duke Earl Count Planckton  Thu, Feb 16, 2012 6:26:25pm

re: #37 windupbird is in the gravity well

Fox News is rapidly approaching the point where Idiocracy's protrayal of it will seem milder than the real thing

Did Idiocracy portray specifically FNC? I forgot.

40 WINDUPBIRD DISEASE [S.K.U.M.M.]  Thu, Feb 16, 2012 6:27:57pm

re: #38 Kragar

I think it has more to do with people not understanding how to capture a video clip.

well, to be fair, if something is happening on TV and you have seconds to capture it, a phone camera is probably the only way to do it quickly

41 WINDUPBIRD DISEASE [S.K.U.M.M.]  Thu, Feb 16, 2012 6:28:41pm

re: #39 e_e

Did Idiocracy portray specifically FNC? I forgot.

yes :D

42 Kragar  Thu, Feb 16, 2012 6:28:44pm

re: #40 windupbird is in the gravity well

well, to be fair, if something is happening on TV and you have seconds to capture it, a phone camera is probably the only way to do it quickly

I'm talking about justice, not excuses.
/

43 Lord Baron Viscount Duke Earl Count Planckton  Thu, Feb 16, 2012 6:29:27pm

re: #41 windupbird is in the gravity well

yes :D

Ah! Memory jolted. Thanks.

44 Petero1818  Thu, Feb 16, 2012 6:30:22pm

From the above it seems like the Judge was laying the groundwork to include Sherrods costs in any decision.

45 Lord Baron Viscount Duke Earl Count Planckton  Thu, Feb 16, 2012 6:30:32pm

re: #41 windupbird is in the gravity well

yes :D

46 SpaceJesus  Thu, Feb 16, 2012 6:31:37pm

Fox reacts to the news that interracial marriages are on the rise:

[Link: latino.foxnews.com...]

47 sagehen  Thu, Feb 16, 2012 6:32:39pm

re: #9 thedopefishlives

I wonder this about a lot of cases. Seriously, there are some motions that these attorneys file that are just flat-out WRONG. And I wonder if the lawyers truly think they can get away with it, or if it's just a way to turn a quick buck on a case they know is going down the toilet.

Even if you know a motion is a sure loser, it buys you an extra couple of months (more if it's a jurisdiction with a very crowded calendar). If that's not enough to suit your purposes, then file another one. And another. And another.

Maybe you can afford the fees better than the other side and they'll eventually have to give up. Maybe a witness will do something to diminish their credibility, maybe someone will die, maybe the judge will retire and you'll get one you like better. At the very least, when it's finally tried the jury will think that's so damn long ago they wonder why is the plaintiff still obsessing over something they should have gotten over by now.

48 The Yankee  Thu, Feb 16, 2012 6:35:00pm

re: #46 SpaceJesus

Fox reacts to the news that interracial marriages are on the rise:

[Link: latino.foxnews.com...]

I don't see a comment section.....

49 SpaceJesus  Thu, Feb 16, 2012 6:36:47pm

re: #48 The Yankee

ah, sorry. it's on the left hand side. you have to click it.

"avgwhitedude 1 hour ago

It's because American women have gotten too much attitude over the last 30 years and don't know how to be subserviant to a man like the Mexicans and Asians. Thanks Oprah and all you other bra burning dikes!"

50 freetoken  Thu, Feb 16, 2012 6:36:59pm

re: #46 SpaceJesus

Fox reacts to the news that interracial marriages are on the rise:

[Link: latino.foxnews.com...]

One of the comments:

mlerma01 4 hours ago
I am pretty tired of the government labels of race. There are only 3 actual races the other labes are actually ethnicities or nationalities. FYI, i am half irish-american and mexican-american but I am 100% american.

Classic ignorance, which is known find a home at Fox sites.

No, there are not "only 3 actual races".

The whole concept of "race" itself is highly contentious from an anthropological view.

And, many Mexicans have significant portions of Native American ancestry, and others (on the Caribbean coast areas) have African ancestry. This is something again which the Fox-nuts seem to not grasp.

51 SpaceJesus  Thu, Feb 16, 2012 6:39:00pm

WHITE WOMEN BURNING OPRAHS UNDERWEAR

52 sagehen  Thu, Feb 16, 2012 6:39:09pm

re: #46 SpaceJesus

Fox reacts to the news that interracial marriages are on the rise:

[Link: latino.foxnews.com...]

You'll notice they're smart enough not to have a comments thread for this article... somebody must have told them they're attracting lots of racists.

53 darthstar  Thu, Feb 16, 2012 6:39:25pm

Want to know how much my mother-in-law rocks? I got a pair of Ellen boxers (that's Ellen as in Ellen DeGeneres) in the mail this morning. No reason. But now I get to walk around with Ellen's name next to my junk.

[Link: www.ellenshop.com...]

54 Lord Baron Viscount Duke Earl Count Planckton  Thu, Feb 16, 2012 6:39:32pm
danielle301 35 minutes ago
All mexicans should be deported. They are disgusting looking and I don't want them mixing with whites.
55 Lord Baron Viscount Duke Earl Count Planckton  Thu, Feb 16, 2012 6:40:06pm

re: #54 e_e

Communities

Fox News

620 Comments
Fox News Latino

211 Comments
Fox Nation

52 Comments
Politics - Blog

10 Comments
Fox Business

1 Comments
The Hollywood Reporter

56 sagehen  Thu, Feb 16, 2012 6:40:14pm

re: #52 sagehen

You'll notice they're smart enough not to have a comments thread for this article... somebody must have told them they're attracting lots of racists.

I take it back.

57 freetoken  Thu, Feb 16, 2012 6:40:26pm

re: #52 sagehen

You'll notice they're smart enough not to have a comments thread for this article... somebody must have told them they're attracting lots of racists.

Yes, they have comments. Here is one of them:

jmmossen 4 hours ago
I am against State sponsored birth control except in the cases of Dogs, Cats and Latinos.

Where are those handy Fox website moderators, eh?

58 Gus  Thu, Feb 16, 2012 6:40:47pm

re: #46 SpaceJesus

Fox reacts to the news that interracial marriages are on the rise:

[Link: latino.foxnews.com...]

Oh yeah. More of the so called "Librul plants!"

Here's one:

jmmossen 4 hours ago
I am against State sponsored birth control except in the cases of Dogs, Cats and Latinos.

And if you click his Disqus profile you can see he's posted thousands of times on different Fox News comment pages.

Fox News
2381 Comments

Fox Nation
779 Comments

Fox News Latino
494 Comments

Politics - Blog
31 Comments

Fox Business
1 Comments

Some plant.

One of his other ignorant comments:

As much as they would like to think they are and want others to think they are a race they are not, Latinos are a cross between European Conquerers and indigenous Indians, hence they are cross breeds more commonly known by another title, No matter how much posturing they do they are what they are, face up to it.

59 Kragar  Thu, Feb 16, 2012 6:40:59pm

re: #57 freetoken

Yes, they have comments. Here is one of them:

Where are those handy Fox website moderators, eh?

Who do you think posted the comment?
/

60 freetoken  Thu, Feb 16, 2012 6:41:41pm

re: #59 Kragar

Who do you think posted the comment?
/

Kilgore Trout!!

61 darthstar  Thu, Feb 16, 2012 6:42:12pm

Yay! Maine's Republican party is possibly caving on the caucus...so Mitt Romney may lose his second caucus that he was first told he won.

62 Lord Baron Viscount Duke Earl Count Planckton  Thu, Feb 16, 2012 6:42:24pm

re: #60 freetoken

Kilgore Trout!!

No, it was The Hoopster.

63 Slumbering Behemoth Stinks  Thu, Feb 16, 2012 6:43:04pm

re: #46 SpaceJesus

Fox reacts to the news that interracial marriages are on the rise:

[Link: latino.foxnews.com...]

Fox News Latino? Lol.

An alternative, if I may offer it...

Okay, it's a pretty local focus source, but it does touch on national and international issues.

64 Feline Emperor of the Conservative Tears  Thu, Feb 16, 2012 6:43:10pm

re: #54 e_e

Salma Hayek's existence makes that comment illogical. Therefore, he loses.

65 Kragar  Thu, Feb 16, 2012 6:44:21pm

re: #64 Feline Emperor of the Conservative Waste

Salma Hayek's existence makes that comment illogical. Therefore, he loses.

No, this is the internetz, so you need to say it like this:

"Salma Hayek is hot. Your argument is invalid."

66 blueraven  Thu, Feb 16, 2012 6:44:49pm

re: #32 SantorumSurging

More good employment news. Hope the good news keeps coming so that the President is reelected, he gets some help in Congress, and the recovery isn't strangeled by shortsighted austerity measures next year.

OMG! The comments over there...its a conspiracy!!
Where the hell do all these folks come from?

67 Slumbering Behemoth Stinks  Thu, Feb 16, 2012 6:45:44pm
arlojones 1 hour ago
Welcome, Fox racists. I guess that's redundant.
68 Gus  Thu, Feb 16, 2012 6:47:37pm

re: #57 freetoken

Yes, they have comments. Here is one of them:

Where are those handy Fox website moderators, eh?

Couple more from that Fox News REGULAR:

on Rep. Waters: GOP Will Get Rid Of All People Not Born In U.S. - Maxine Waters - Fox Nation yesterday
Most Nėgróś have the Samuel Leroy Jigson mentality. Vote fo da brutha/sista.

on Rep. Waters: GOP Will Get Rid Of All People Not Born In U.S. - Maxine Waters - Fox Nation yesterday
After we get rid of the people not born here we can move on to descendants of African Neǵṙós not satisfied with how they are treated here and see how they fair in the jungle (cesspool) called Afreaka.

69 jamesfirecat  Thu, Feb 16, 2012 6:50:43pm

re: #61 darthstar

Yay! Maine's Republican party is possibly caving on the caucus...so Mitt Romney may lose his second caucus that he was first told he won.

Main was for Romney before it was against him.

70 HappyWarrior  Thu, Feb 16, 2012 6:52:34pm

re: #46 SpaceJesus

Fox reacts to the news that interracial marriages are on the rise:

[Link: latino.foxnews.com...]

I read an article about that in I believe the WaPo today. Interesting stuff.

71 HappyWarrior  Thu, Feb 16, 2012 6:54:24pm

re: #61 darthstar

Yay! Maine's Republican party is possibly caving on the caucus...so Mitt Romney may lose his second caucus that he was first told he won.

Ha poor Mitt. Even when he wins he doesn't win.

72 Digital Display  Thu, Feb 16, 2012 6:56:00pm

re: #62 e_e

No, it was The Hoopster.

I know! Isn't that disgusting that people think I would ever say anything racist? It's not fair to lie about people..oh well.. When I first got here in 2008 I was posting about my little charity I started..It brought joy to my heart to just do a little bit to help people..It was food4humanity.org..Anything you wanted to know about me including my home phone number was posted there..I got shredding by the stalkers as a charity whore and I took down my project..But not my vision...
And just 2 days ago the stalkers posted another page about me. You'd think after 4 years they would give the hell up.

73 Stanghazi  Thu, Feb 16, 2012 6:57:09pm

ugh

74 Slumbering Behemoth Stinks  Thu, Feb 16, 2012 6:58:38pm
chasn 3 hours ago
If we can not get the gringo's to leave we will breed them out.
75 moderatelyradicalliberal  Thu, Feb 16, 2012 7:01:51pm

re: #70 HappyWarrior

I read an article about that in I believe the WaPo today. Interesting stuff.

Well I guess the more people bump into each other, the more they bump into each other.

76 HappyWarrior  Thu, Feb 16, 2012 7:06:25pm

re: #75 moderatelyradicalliberal

Well I guess the more people bump into each other, the more they bump into each other.

Heh. It's cool that it's becoming less and less of an issue to the point where race really becomes a second thought.

77 SanFranciscoZionist  Thu, Feb 16, 2012 9:03:41pm

re: #65 Kragar

No, this is the internetz, so you need to say it like this:

"Salma Hayek is hot. Your argument is invalid."

Salma Hayek is half Lebanese. If he wants to concede that Arab women are hot, he...still doesn't win the argument.

Google "Jimena Navarette". I mean, that's one of ever so many names, but Google her anyway.

78 sffilk  Fri, Feb 17, 2012 5:30:57am

Why do I get the feeling that Breitbart & friend are going to start acting like sovereign citizens when it comes to lawsuits?


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