A Christian minister who brought a defamation case against MSNBC personality
Rachel Maddow, alleging she maliciously asserted the preacher advocated the
execution of homosexuals, is asking that the judge in the case be removed
because of her biased comments.
“Recusal is required when judicial remarks create the appearance that the
court’s impartiality may be called into question, and ‘could suggest, to an
outside observer, such a ‘high degree of favoritism or antagonism’ to
defendants’ position that ‘fair judgment is impossble,”” says an affidavit filed
with the Superior Court of the District of Columbia concerning the actions and
statements of Judge Joan
Zeldon.
WND was told by one of Zeldon’s staff members that she was out of the office,
but a message was left requesting a comment from the judge on the issue.
The case was brought by a Christian preacher whose ministry features hard
rock, high school seminars and an occasional letter exchange with Barack Obama.
Attorney Larry Klayman brought the action on behalf of Bradlee Dean and his You Can Run But You
Cannot Hide International ministry.
The case alleges Dean endured death threats after Maddow’s “malicious”
criticism of him and his work.
Maddow’s “outrageous and maliciously published statements have severely
harmed not only plaintiffs’ reputations, but also their financial well-being,”
said a motion in opposition to Maddow’s request that the case be dismissed.
The lawsuit contends left-leaning interests were trying to undercut
Republican Rep. Michele Bachmann’s presidential campaign by attacking people
with whom she associated, including Dean’s ministry. Bachmann’s unsuccessful
campaign was focused on a return to traditional values regarding marriage,
fiscal policy and government.
The complaint by Dean, a former heavy metal rocker, is based on Maddow’s
assertion that Dean advocated the execution of homosexuals.
The original complaint explained the characterization started with reporter
Andy Birkey of the Minnesota Independent, even though those parties are not
named as defendants.
It said Birkey took a special interest in Dean and YCR because “he is a
secularist and/or atheist and gay activist with a politically left ideology who
despises people of faith, including but not limited to the congresswoman Michele
Bachmann, MN, who is running for the presidency of the United States, and is a
conservative Christian as well.”
The case said following the first statements about Dean by Birkey and the
Minnesota Independent, “Rachel Maddow, and NBC and MSNBC, in concert with
others, have set out to and did willfully and maliciously harm the presidential
campaign of congresswoman Michele Bachmann. Not coincidentally, Rachel Maddow is
also of a leftist political ideology, who as a committed and also proud lesbian
is active in the so called ‘gay rights’ movement. She views plaintiffs and
congresswoman Bachmann a threat to ‘gay rights,’” the claim explained.
It continued: “On information and believe … [in defaming] plaintiffs Dean and
YCR and holding in a false light plaintiff Dean, all of the defendants, each and
every one of them, maliciously set out to and did harm not only the plaintiffs
but by extension also the presidential campaign of congresswoman Michele
Bachmann.”
In May 2010, Birkey wrote wrote an article titled “GOP-linked punk rock
ministry says executing gays is ‘moral’” that tried to link Bachmann to the
ministry. Bachmann had praised the ministry previously.
The complaint said it was Maddow who later “outrageously disparaged Bradlee
Dean’s physical appearance, his first name and his profession as a heavy metal
entertainer and his standing in the community and represented that he and YCR
had advocated the execution of gays.”
But when Maddow asked the court to dismiss the complaint on a variety of
grounds, Klayman’s opposition explained why it only would be fair to allow the
case to continue.
“There are no justifiable bases to contend that plaintiff has not been placed
in false light and defamed. What is most horrifying, however, is the effect
defendants’ statements had on viewers, leading many viewers to not only
discredit Dean but to also threaten Dean’s life. … As a father of four, nothing
was more petrifying to Dean that continuously receiving death threats, such as
one particular disturbing Internet threat that warned, ‘Now I’m gonna have to
kill you! I thought we were gonna cut each others’ hair then have sex, but you
stood me up! I am so upset that I think I may just have to blow up your ministry
instead!’” the filing explained.
“Making the threats more imminent is that some radical homosexual activists
went as far as posting a picture and plaintiffs’ physical address, providing a
roadmap to where plaintiffs can be found and harmed,” the filing said.
The filing explains Maddow “altered plaintiffs’ previous statements and
distorted them in order to defame plaintiffs and place them in a false
light.”
According to a ministry statement today, since the defendants had cited the
DC Anti-Slapp statute in their defense, and a recent federal court decision in
Washington said that law was not applicable there, the plaintiffs sought to
remove the case from the DC courts and refile in federal jurisdiction.
Zeldon responded by praising the defense attorneys and ordering Dean to pay
some $24,000 in defense legal fees before she would be allow the case to be
dismissed, even though that defense work would be equally applicable in the new
filing in federal court, the ministry explained.
The move to another court was a “tactical, strategic decision,” the ministry
statement said.
“However, Judge Zeldon, who it became apparent had hoped to rule against Dean
and YCR and in favor of Maddow and MSNBC given her leftist ideology, sought to
punish plaintiffs and throw a monkey wrench into the voluntary dismissal of the
case before her. Judge Zeldon ruled that the case before her could not be
dismissed unless Dean and YCR paid over $24,000 in attorneys fees and costs to
Maddow … claiming that the defendants attorneys should be compensated for the
legal work they did in her case.”
When Dean challenged the payments, the judge said he was not even allowed to
ask questions about the billings. Klayman said a hearing on such fees is
routine, but the judge refused even that.
“Incredibly, despite Dean and YCR having argued that Maddow and MSNBC’s fees
and costs were fraudulent, Judge Zeldon stated in her order that defendants
lawyers are ‘distinguished,’ and to the contrary disparaged Dean and YCR and
their counsel, Larry Klayman. Because this, and other biased statements in the
order, unmasked her prejudice, yesterday Dean and YCR filed pleadings to
disqualify Judge Zeldon and have her order vacated…,” the filing said.
Dean said, “This is a new turn of events that was not anticipated when I
brought the suit against Maddow and MSNBC. Judges are to enforce the law, not to
defend lawbreakers and then award them money. This generation is being taught
that wrong is right and right is wrong. As a preacher, I am combating that
ideology, and in my view, I have learned that this ideology is often taught and
put into effect by a judicial system that aligns itself with corrupted attorneys
and lawbreakers.”
In an affidavit in support of the move, Dean wrote, “It became clear to me
that the judge, Joan Zeldon, harbored an extra-judicial bias and prejudice
against me and YCR stemming from our conservative Christian advocacy against the
so-called gay and lesbian political agenda, which is based in part on teaching
young children in public and private schools and homosexuality is ‘normal’
societal behavior. … Specifically, it became clear to me, based on Judge
Zeldon’s statements and actions, that she favored defendant Rachel Maddow…”
He noted the judge’s comments “are offensive and quite personal, and …
denigrate, disparage, berate, and mock my counsel and me.”
He cited Zeldon’s mockery of Klayman’s health issues, and he accuses her of
“unprofessional and injudicious” cheap shots.
The affidavit continues, “It is evidence that Judge Zeldon held and continues
to hold a bias against the plaintiffs and in favor of defendants [making her]
unable to impartially rule upon this case.”
Klayman, the founder of Judicial Watch and now of Freedom Watch, affirmed his filings
were in good faith.
“This case is filed as a matter of principle,” he said. “We need more Bradlee
Deans in the world and hateful left wing television commentators must be made to
respect not only his mission but the law.”
Dean became a Christian after suffering a hard life as a young boy and has
dedicated his life to his ministry’s mission.
Klayman said: “Maddow and MSNBC clearly defamed my client. Maddow went way
over the line, particularly in her second broadcast by claiming that Dean and
Republicans like then-presidential candidate Michele Bachmann are ‘bloodthirsty’
and want to see more gays and lesbians killed. This was outrageous and harmful
and for this, Maddow and MSNBC will be held legally accountable.”
You Can Run But
You Cannot Hide International, founded by Dean, has reached more than
500,000 young people across the country with a message of truth and hope. His
message focuses on basic constitutional issues. He’s also spoken at churches,
festivals, prisons, detention centers and on radio and television programs.
Dean also is drummer for Junkyard Prophet, which has sold more than 40,000
albums in the Minneapolis area alone. Bradlee is endorsed by companies such as
Sonor, Buttkickers, Beatnik (including his own signature drum pad), Hornet
Drumsticks (including his own signature sticks) and Soultone Cymbals.
His letter exchange with Obama came just months ago when he asked the
president to pursue a restoration of traditional morality in the United
States.
In response, Obama, who has openly promoted homosexuality and other
alternative sexual lifestyle choices in the Oval Office, said he appreciated
Dean’s “perspective.” He said he takes such opinions “seriously.”
“Please know that your concerns will be on my mind in the days ahead,” he
wrote.