FUND THE LAWSUITS!
October 7, 2001
Dear All --
War hysteria and propaganda are sweeping the country. We need Free Speech Radio at all of Pacifica's five radio stations to get information out to the public that is not available to them in the mainstream media. The loss of Pacifica is not something the peace movement can permit, if at all possible to prevent it.
We all need to understand that this is now the 11th hour for Pacifica -- and for KPFA, WBAI, KPFK, KPFT & WPFW.
It is my firm belief -- based on all the information available to me -- that the Pacifica board majority is planning to sell broadcast licenses -- either WBAI or KPFA or both -- if they win at trial. It is also my informed belief that, if they win at trial, there is no legal authority or political action that could prevent them from selling licenses -- nor could we raise the $100-300 million necessary to buy them for our "movement". The FCC could not prevent it, and wouldn't be interested in preventing it even if it wanted to. The FCC is now under the direction of Colin Powell's son. In addition, I think we all understand by now that Pacifica takeover is and has always been intended to stifle dissent and alternative political voices on the only "alternative" national broadcast network in this country. (NPR was largely sanitized years ago -- and that is what is intended for what may remain of Pacifica.)
The trial of the Pacifica lawsuits is less than 3 months away -- scheduled to begin January 7, 2002.
Approximately 40 depositions are scheduled for October & November. (We continue to winnow away at the unnecessary depositions the other side is attempting to take.)
Each deposition will cost about $5-7,000 in our attorneys' time, travel expenses & court reporters' fees. This includes about 10 hours of attorneys' time reviewing all the documents that we need to question the other side about and preparing a line of questioning, as well as the actual 4-8 hours time spent at the deposition.
Depositions and documents demands are how we get the evidence in "admissible" form to present at trial or "summary judgment."
Both sides will be filing motions the end of this month for "partial summary judgment" (technically called "summary adjudication" in California). These motions will be decided by the pre-trial judge the end of November. A partial summary judgment motion takes one or more issues in the case -- but not all the issues -- and presents all the evidence both sides have on it to the judge in documentary form (declarations signed under penalty of perjury, authenticated documents, etc.) and says to the judge that the facts are so clear that there is no need for a trial to sort out the facts -- the issue can be decided as a matter of law.
I believe the other side intends to bring partial summary judgment motions against our claims for directors' personal liability for damages to Pacifica Foundation, as well as our claims that their conduct constitutes "gross abuse of authority" sufficient to remove them from office.
Our motion for summary adjudication will be on the provisions in the Pacifica Articles of Incorporation limiting the number of directors.
It will cost about $25,000 each to bringing and defend these motions.
In December there will be additional motions filed "in limine" (literally "on the threshold") that will decide what evidence will be admissible at the trial. Those motions will be decided by the trial judge, himself, not the pre-trial judge. And then, in January, the trial begins.
At this point, funding the lawsuits must be the first priority for all Pacifica activists & organizations around the country. We have had a tendency to spin off in many directions in order to "keep the pressure on" & inform and develop allies. Now, we must focus. We need to ask all of our allies to focus on raising money for the lawsuits.
As you all know, my primary focus is funding the "listeners' lawsuit". Please contact me if you are willing/able to help. I would especially like to get mailing lists for progressive organizations. Please call me if you think you can help with that. We (the listeners' suit) will bear the lions' share of the depositions job because our case has the most "causes of action" that we need to prove.
However, all the lawsuits must be adequately funded in order for us to make a strong and credible showing to the court in all the cases.
Pasted below are the names and addresses of legal funds where you or your group/organization can send money for this legal battle.
Pacifica means Peace.
"UMBRELLA" LEGAL FUND
"LISTENERS' SUIT" LEGAL FUNDS
NON TAX-DEDUCTIBLE gifts to legal fund can be made payable and mailed to:
You will receive tax deduction receipt from them. Also, the MHF/Public Media Initiative has a special account to receive gifts of stock in support of our lawsuit. For details contact Linda Remy at firstname.lastname@example.org They can receive gifts on line at Web Page: www.marinhealthfund.org Thank you!
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