Bradlee Dean’s Idiotic Lawsuit Against AINN

Bradlee Dean’s Idiotic Lawsuit Against AINN November 22, 2011

One of the good things about no longer working for AINN is that I’m free to comment on the lawsuit filed by Bradlee Dean against the organization, something I could not do before for obvious reasons. So let me state this unequivocally: It’s one of the most moronic lawsuits ever filed and it will never survive a motion to dismiss.

I’ll put the full text of the thing below. If someone turned this in for a law school assignment they would get a failing grade, even at Liberty or Regent. After it was filed I sent it to a good friend who teaches law; he said that Larry Klayman, the attorney who filed it, will be lucky to escape Rule 11 sanctions for it — it’s that bad. In fact, I believe MSNBC at least plans to file, or perhaps has already filed, a SLAPP suit in response.

This suit is designed to do one thing and one thing only — intimidate the media into not reporting damaging information about lunatics like Bradlee Dean. He claims that it is defamation for the Minnesota Independent to have published that Dean had endorsed the killing of gay people, and Rachel Maddow also defamed him for repeating that claim. So let me quote Bradlee Dean directly from his radio show:

“Muslims are calling for the executions of homosexuals in America. This just shows you they themselves are upholding the laws that are even in the Bible of the Judeo-Christian God, but they seem to be more moral than even the American Christians do, because these people are livid about enforcing their laws. They know homosexuality is an abomination.”

He and his co-host also spoke positively about Rwanda and its policy of imprisoning gay people:

“They are very conservative,” he said. “They sentence people for crimes against nature.”

Frontman Bradlee Dean added, “They are very moral; they uphold the laws.”

McMillian continued, “We have got countries all over the world that are standing for what’s right and what’s wrong. In Rwanda, there’s legislation right now that repeat offenders of homosexuality will spend their life in prison.”

“Yes!” interjected Dean.

“Because they love and value life and they love and value that which God gave,” said McMillian. “And so they enforce laws against that which destroys life which again is crimes against nature.”

So apparently Andy Birkey defamed Bradlee Dean by quoting him accurately. There’s no way in hell this case gets past a motion to dismiss. The complaint is little more than a bunch of political boilerplate, with hardly a legal claim to be found. Larry Klayman is simply one of the most incompetent and ridiculous attorneys in the country. He’s been sanctioned by judges before and earlier this month was reprimanded by the Florida Supreme Court for taking a $25,000 payment from a woman and then failing to do any work on her behalf. He’s been ordered to pay back $5,000 but claims he’s too poor to do so. Klayman is a joke, and a bad one at that. And his client is a bigoted thug.

Here’s the full complaint. It’s one of the worst you will ever read. The punchline to the whole thing is that the complaint claims that Maddow and Birkey defamed Dean in order to hurt Michele Bachmann’s presidential campaign, but now Dean has pulled his endorsement of Bachmann and criticized her himself.

Bradlee Dean Complaint(function() { var scribd = document.createElement(“script”); scribd.type = “text/javascript”; scribd.async = true; scribd.src = “http://www.scribd.com/javascripts/embed_code/inject.js”; var s = document.getElementsByTagName(“script”)[0]; s.parentNode.insertBefore(scribd, s); })();

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  • tubi

    Didn’t take me long to find something idiotic:

    “2. Bradlee Dean is a renowned and accomplished hard metal rocker…”

  • Ramel

    Tubi,

    They didn’t include the ‘a’ in that sentence…

  • Ramel

    Also:

    after a difficult sinful youth resulting in part to an absent father who was imprisoned and largely absent mother

    Whoever wrote this has a poor command of english.

  • That’s one of the reasons why the complaint is so bad, most of it us irrelevant political boilerplate. It makes no difference whether Dean is “renowned” as a drummer or a two-bit hack, nor does it matter what his family background is. What he said was either reported accurately or it wasn’t; nothing else matters. This is the kind of thing that really irritates judges, who have to read lots and lots of complaints and want them to just get to the point. That’s why, as I said, if Klayman had turned in this complaint for a law school exam he would flunk the course. It’s that bad.

  • noastronomer

    I scrolled to the end. WTF does this mean:

    22. Plaintiff Dean sustained and prays for actual and compensatory damages…

  • had3

    Noastronomer

    That’s pure boilerplate conclusionary language at the end of virtually every complaint (i.e. lawsuit). Part of why we get to bill $250/hr because, as the priests of the legal religion, only we know the correct incantations to appease the gods. Only difference between our religion and others is that our gods actually appear in front of us in black robes. Well, at least they act like gods.

  • m-g-

    I would dearly love to ask Dean why he supports imposing Sharia law in America. The resulting cognitive dissonance could cause a memorable “Scanners” moment. You know the bit I mean.

  • MyPetSlug

    One of the things I’ve noticed about wingnuts in general and by extension wingnut lawyers, is almost that they don’t think court cases are about legal arguments at all. They think it’s purely about the judge. Why did they lose their case? Because the judge was an atheist, Muslim, or gay activist (not that these things are mutually exclusive in their minds). Or maybe they were just bowing to the political lobby of one of those groups, who are of course incredibly well funded and outnumber Christians. If they could only just get a good Christian judge (like Roy Moore), they would win.

    It might explain why they include irrelevant stuff like the bullet point about coming to Christ or that Rachael Maddow is a lesbian, as sort of a wink from one good Christian to another. “Ohhhh, she’s a lesbian. Well, that explains why she would defame this poor Christian man who was just trying to speak the truth. Good thing he included that part.”

  • DaveL

    Does anyone else get the mental image of Klayman sitting in front of his computer, putting his pinky finger to the corner of his mouth and saying “One… hundred… MILLION dollars!”?

  • I would dearly love to ask Dean why he supports imposing Sharia law in America. The resulting cognitive dissonance could cause a memorable “Scanners” moment. You know the bit I mean.

    If only it were that easy to deal with wingnuts…

    On that note, today I replied to a form email I got from John Cornyn defending DOMA. If it turns out that he has such a “moment” today, I may have to turn myself in.

  • subbie

    That’s one of the reasons why the complaint is so bad, most of it us irrelevant political boilerplate. It makes no difference whether Dean is “renowned” as a drummer or a two-bit hack…

    Actually, if I were defending against this nonsense, I’d be thrilled that he called himself a “renowned” rocker. That, together with his other listed “accomplishments,” probably makes him a public figure under the law. As such, it’s even more difficult for him to prevail.

    There’s certainly a load of industrial strength stupid there.

  • slc1

    Re MyPetSlug @ #8

    The rant against Ms. Maddow being a lesbian reminds me of the cross examination of Prof. Barbara Forrest at the Dover trial where the defense attorney on cross examination spent much time on a smear campaign against her on the basis of her being an atheist. To their immense chagrin, Judge Jones was greatly underwhelmed by their questioning and he found Prof. Forrest to be a most impressive witness.

  • danielrudolph

    Ed, I thought that was hyperbole. This is worse than Jack Thompson, who would load his filings with irrelevant meanderings, but at least built causes of action. He’s now disbarred for harassing judges that ruled against him and opposing council. We’ll see how Klayman makes out.

  • d cwilson

    Re MyPetSlug @ #8

    That would explain many of the motions Orly Taitz has filed.

    Phyllis Schlafly actually let the cat out of the bag on this some years ago when she said that the republican appointees on the SCOTUS “owed” their positions to the conservative movement and therefore, should base their decisions on ideological lines instead of crazy things like the Constitution.

    The Dover trial was an interesting example. I remember before the case was decided, many wingnuts were smugly confident that they were going to win. Their reason? The judge was a Bush appointee known for being a “good Christian”. Then, when he had the temerity to decide the case its merits and the law, they turned on him, blasting him for making a “political” decision, which is actually what they wanted him to do.

  • alanb

    One of Dean’s complaints is that “Defendants Rachel Maddow, MSNBC and NBC broadcast a segment on The Rachel Maddow Show that outrageously disparaged Bradlee Deanʼs … first name.” Here, from the show’s transcript, is what she said: “That‘s Bradlee with two E‘s for those of you Googling at home.” She then later said “Mr. Bradlee, with two E‘s, later clarified that he didn‘t really mean to sanction murder of gay people.”

    Now, of course, all right-thinking people will agree that this was a horribly vicious thing for Rachel Maddow to say, but it raises the important question: Can I sue Roger Mason who made similar comments about my name when we were in 5th grade?

  • John Hinkle

    It all sounds like:

    They said mean things about Bradlee, who by the way is a good Christian and does good Christiany things, like produce hard rock music to entice the younguns to Christ. How much gooder can you get? And *something* Michelle Bachmann *something*!! The meanies.

    Bradlee deserves something nice for his hurt feelings. One hundred million dollars will do.

  • gshelley

    On or about 1999?

    Isn’t the phrase “on or about” supposed to be for a fairly specific date for which there is some uncertainty?

  • DaveL

    Another oddity: they repeatedly refer to “Michele Bachmann, who they sought to link to Plaintiffs” but in the same breath they raise complaints on Mrs. Bachmann’s behalf and defend her candidacy.

    Oh, and “Lean Forward” is still the worst tagline I’ve ever heard. It makes it sound like they started with “Bend Over” but decided to tone it down after the focus groups.

  • Michael Heath

    slc1:

    [Judge Jones] found Prof. Forrest to be a most impressive witness.

    I read most of the trial transcripts to the Dover Trial. The creationists’ attorneys cross-examination of her was devastating, to their own side. If you made a fictional movie as one-sided as this one you’d be vilified for asking your audience to suspend their belief to the point of absurdity.

    I’ve never encountered a more competent expert witness than Prof. Forrest, nor more effective for bringing out the truth. The fact she mostly relied on using the creationists own words against their case was frosting on the cake.

  • Michael Heath

    DaveL:

    . . . “Lean Forward” is still the worst tagline I’ve ever heard. It makes it sound like they started with “Bend Over” but decided to tone it down after the focus groups.

    I physically cringe every time I hear that. I also let out a incredibly loud guffaw every single time I hear “Fair and Balanced” broadcast over the local station.

  • EdgyB

    Every. Single. Time. I see this idiot’s name, I think about eating sausages and I have to listen to some real metal. Rap Metal, really?!? Oh, and 1998 called and said your drumming is to damn heavy in the mix, poser!

  • slc1

    Re Michael Heath @ #19

    The defense attorneys did a poor job of cross examining all the plaintiff witnesses and their own witnesses, especially Michael Behe, were devastated on cross. I doubt that Prof. Behe’s scientific reputation will ever recover from his embarrassing performance.

  • danielrudolph

    I just noticed he spelled Bachmann’s name at least three different ways.