First Amendment Case Decision Unfortunate - but not necessarily over! Jim McDermott

[Omaha Steve]

Case Decision Unfortunate - but not necessarily over!

'Subjecting a Member of Congress to liability for violating the "spirit" of a rule burdens political speech in the vaguest of ways, leaving the Member to "guess at contours" of the prohibition'

Circuit Judge Sentelle
(dissenting opinion - May 1, 2007)


Dear Friends:

On May 1st, the Court of Appeals for the D.C. Circuit handed down an unfortunate ruling in my long legal battle with Rep. Boehner, the Republican Minority Leader. In a razor thin 5 to 4 decision with a strongly-worded dissenting opinion, the court ruled against me.

Click Here to Read the Appellate Court Decision: http://pacer.cadc.uscourts.gov/docs/common/opinions/200705/04-7203b.pdf

The good news about the court's ruling is that important First Amendment protections for news- gathering organizations have been reaffirmed! Our legal battle to protect the First Amendment has been well worth the long effort.

The court's decision is not, however, good news for individuals who receive "whistleblower-type" information and desire to pass that information on to the public.

My long legal battle with Rep. Boehner began with just such an incident in the Newt Gingrich scandal. When then Speaker Newt Gingrich and his GOP leadership team got caught red-handed plotting to ignore their agreement with the House Ethics Committee, I was the whistleblower.

I was given information about the plot and made that information available to the public. Since then, Gingrich's "enforcer" (Boehner) has spent nine years attempting to get even with an expensive lawsuit that has threatened the First Amendment.

Tuesday's ruling is terribly disappointing to me personally. Countless times, whistleblowers have revealed important information on public issues -- we must protect the public's right to know what their government is doing!

Read Jim McDermott's Statement on the Ruling

My attorney and I are reviewing the court's decision and are considering an appeal to the United States Supreme Court. In the meantime the financial exposure resulting from the court's decision is enormous. Regardless what decision is made about an appeal, the Court's adverse ruling has created an immediate financial need.

Thankfully our past fundraising efforts in support of the First Amendment case have been successful. But this month's ruling does represent a set back and adds additional financial pressure.

Please consider making an immediate donation to The Jim McDermott Legal Expense Trust.



I urgently need your help. I am in a difficult position. Accepting the current court decision will result in an immediate need for additional Expense Trust funds. Taking this First Amendment case to the Supreme Court will incur a final round of legal expense.

Your donations have allowed me to defend the First Amendment in the past and hold senior GOP Congressional leaders accountable for their actions. Your additional support will allow me to finally deal with this matter.



Jim McDermott

P.S. More information about Boehner v. McDermott may be found at www.McDermottLegalTrust.com.