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How do we feel about the Chron guys now?

Discussion in 'Journalism topics only' started by SF_Express, Feb 19, 2007.

  1. 21

    21 Well-Known Member

    Cran: Is there any part of you that reads that and thinks, 'oh, hell, who knows??' Not debating the validity of what you posted, just my own wariness at this point.

    It worries me to a degree that a lot of people are reading this thread, and perhaps forming opinions--pro, con, yes, no, guilty, innocent, whatever--based on some of the information posted here. What I've learned from this discussion is that there are a lot of questions still to be asked, and we need to keep asking them.
     
  2. creamora

    creamora Member

    Boom_70 says, "OK. So do they have a case against Ellerman?"

    Ragu says, "This I don't know. But my instinct says they shouldn't be able to. When they were called to testify, they were under oath to tell the truth. That has nothing to do with any of the reasons given for keeping GJs secret. The witnesses' truthfulness isn't dependent on their testimony being done in secret. As far as I know, you can plead the fifth under grand jury questioning. So I am not sure how anyone who testified could make a serious argument that they've been damaged by their truthful testimony."

    First of all, Ragu's statement "As far as I know, you can plead the fifth under grand jury questioning" is totally ridiculous. If anyone pleads the fifth before a grand jury, then the prosecution simply offers immunity. If you then refuse to testify, you will be in comtempt and very likely go to jail. This is precisely what happened to Greg Anderson. Everybody who went before the grand jury was offered immunity, period.

    It's also an interesting question that was presented regarding whether or not anyone would have a civil suit against Ellerman. How about Conte? Ellerman originally served as Conte's attorney during the six month period after the BALCO raid and right up until the original indictments. Conte likely paid Ellerman a huge sum of money. It's also likely that Conte paid a huge amount in legal fees to the two lawyers he retained after the FBI raid of his home. Remember, Conte was considered by many to be a source/target in the leak investigation for more than two years. Seems that there may be some grounds for a civil suit by Conte against Ellerman.

    creamora
     
  3. 21

    21 Well-Known Member

    Slightly off topic, but what became of Marion Jones' defamation suit against Conte?
     
  4. Boom_70

    Boom_70 Well-Known Member

    Great point creamora. I had forgotten that Conte had retained Ellerman. I would think he will have a very solid civil case.
     
  5. jaredk

    jaredk Member

    In what way would he have ANY case against Ellerman? It's one felon against another.
     
  6. jaredk

    jaredk Member

    Where the hell is Whitlock? He went to bat big-time for Fainaru-Wada and Wms when they were in court. Now he's feeding a 700-post thread on His Own Greatness and leaving the floor to people trashing reporters. Where's Telander?
     
  7. creamora

    creamora Member

    21,

    It seems obvious regarding the outcome of the Marion Jones defamation suit. The case was settled out of court and the terms were not disclosed. However, immediately after the settlement was announced Conte went on the record again and stated that everything he had previously said about Jones was absolutely true. It doesn't take rocket science to figure out who likely won behind closed doors. The person who continued to publically tell the truth.

    creamora
     
  8. The Big Ragu

    The Big Ragu Moderator Staff Member

    Cream, Then what I said was true, not ridiculous, as you put it. And you didn't answer Boom's question. You made another circuitous argument that didn't stay on point.

    If you are called as a witness--whether it is before a grand jury or before any legal proceeding--you are compelled to tell the truth under oath. Your other option, if you risk incriminating yourself, is to plead the fifth. What did I say that is untrue or ridiculous?

    The prosecution doesn't automatically offer everyone who pleads the fifth immunity, as you stated. If Barry Bonds had pleaded the fifth, I can all but guarantee that the prosecutor wouldn't have hugged him and offered immunity. But even if what you said was true, it doesn't change the fact that the people called before that grand jury were compelled to tell the truth under oath, the same way EVERY witness is. And the terms of their testimony didn't extend any further than their oath. It isn't "tell the truth, but only because you are testifying in secrecy."

    If there is an indictment and a trial, the prosecution can trot that testimony out to a public courtroom. So I presumed--and anyone can correct me if I am wrong about this--that it would be tough for anyone to sue the source of their presumably truthful testimony being made public. On what grounds would they sue? There is no guarantee that your testimony remains secret (the prosecution can make it public in a heartbeat), and they are the witnesses' supposed truthful, actual words. What are the grounds for the law suit Boom was asking about? THAT was the point. And you didn't address it.

    As for Conte being able to sue Ellerman (and I have no idea if Conte has grounds), that has nothing to do with what Boom asked. Conte might be able to sue Ellerman over some breach of attorney-client privilege, if Ellerman was his attorney and Ellerman violated the law with regard to that. But that has nothing to do with any grand jury testimony that Conte gave, which is what Boom asked about (and I believe he was also asking about athletes called before the GJ, not Conte, who was a target of the investigation.)

    It was another nice muddle everything kind of argument that didn't address the point, though.
     
  9. creamora

    creamora Member

    jaredk,

    Ask any lawyer with half a brain about the possibility of a civil suit against Ellerman and I think you may be surprised at what you find out.
    I wonder if Ellerman had malpractice insurance?
     
  10. creamora

    creamora Member

    Ragu,

    You just posted, "But that has nothing to do with any grand jury testimony that Conte gave," Please. Conte never gave any grand jury testimony at any point in time. Conte was the primary target in the BALCO case. Amazing stuff. What gem will you post next?
     
  11. The Big Ragu

    The Big Ragu Moderator Staff Member

    EXACTLY. Boom asked about grand jury witnesses suing the Chronicle. I responded. He then asked about them suing Ellerman. I responded. YOUR response was about Victor Conte suing Ellerman, which apparently made my on-point response ridiculous.

    What did Conte have to do with the the question about grand jury witnesses suing people? Jeez. What is your criticism of me here?
     
  12. jaredk

    jaredk Member

    Seems to me everybody got off pretty light, except the trainer who's in jail because he won't give up Bonds.
     
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