Fred Martin Hires Attorney to Threaten Lawsuit Against Freedom Man PAC
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Fred Martin Hires Attorney to Threaten Lawsuit Against Freedom Man PAC
October 3, 2020 | by Diego Rodriguez
Yesterday, I received an email from attorney, David Leroy, who has been retained by Senator Fred Martin. Fred and David are trying to use the threat of legal action to intimidate the Freedom Man PAC in retribution for us publishing 100% true and accurate information about Fred, his voting record, and the police investigations for the incidents where he was caught in the girls restroom at Centennial high, after hours, in the dark, wearing gloves and a long coat, doing…God only knows what.
Below is the complete transcript of the letter we received from attorney David Leroy along with my response beneath it:
Yesterday, I received an email from attorney, David Leroy, who has been retained by Senator Fred Martin. Fred and David are trying to use the threat of legal action to intimidate the Freedom Man PAC in retribution for us publishing 100% true and accurate information about Fred, his voting record, and the police investigations for the incidents where he was caught in the girls restroom at Centennial high, after hours, in the dark, wearing gloves and a long coat, doing…God only knows what.
Below is the complete transcript of the letter we received from attorney David Leroy along with my response beneath it:
Letter from David Leroy
RE: NOTICE OF DEFAMATION OF A PUBLIC FIGURE AND DEMAND FOR RETRACTION OF KNOWN FALSE ALLEGATION MADE IN MALICE
Dear: Mr. Rodriguez and the Board of Directors of "Freedom Man Pac" operating as Idahoans for Liberty:
This law firm has been retained by Senator Fred Martin to give you notice that your collective conduct in sending a mailer to the voting constituents in Idaho Legislative District 15 and in creating two websites labeling the Senator as a "pervert" and a "creep" by misusing and misrepresenting law enforcement documents constitutes defamation under Idaho law and local Supreme Court case precedent where made falsely and with malice. Demand is made that you publicly and immediately retract these falsehoods by:
(1) removing the offending website material
(2) designing and sending a second mailer, prior to Thursday, October 8, 2020 which retracts and apologizes for said allegations to the same mailing list which you used to forward the original.
I attach hereto as evidence of your collective actual malice and knowledge of falsehood a September 10, 2020 threatening email sent to Senator Martin by Mr. Rodriguez which wrongly claims the existence of video security footage showing his presence "near the girls restroom." No such video exists or has ever existed. Without substantiation, Mr. Rodriguez in the same email alleges an intent to make all voters in District 15 aware of the Senator's "nature as a compulsive liar." No such proof can be had. Rodriguez encapsulates the malice and disregard of truth in this exercise in mischaracterization by promising to let the voters know how "weird, creepy, perverted and bizarre" the Senator is.
It may also be relevant to the motivation for these improper personal attacks that Mr. Rodriguez was defeated by Senator Martin in a two way Republican Primary election race in 2014 for the same Senate seat at issue herein.
Finally, the intentional falsity and deliberate mischaracterization of the references and quotes from six to eight year old investigative reports is particularly acutely demonstrated by your collective failure to reference the law enforcement bottom line of said reports: "I have not identified any criminal activity that is prosecutable," concluded Corporal Tim Brady. "This investigation will be closed at this time."
Under Idaho law, even a public figure may recover substantial damages for defamation if the bad actors make false statements and act with actual malice, knowledge of falsity or disregard of the truth. (See Clark v. The Spokesman - Review, 144 Idaho 427, 163 P3d 216 (2007)). Accordingly, your prompt action to undertake the above described remedial actions is demanded. Your email, online and no political mailer attempts over a period of several months to drive the Senator our of this race or defeat by creating false claims using selective, misleading quotations and pejorative adjectives must be evident to all who know the actual facts as grossly improper. They can also be demonstrated to a court, by clear and convincing evidence, to be maliciously inspired.
Most Sincerely,
David H. Leroy, Attorny at Law, Counsel to
Senator Fred Martin
Dear: Mr. Rodriguez and the Board of Directors of "Freedom Man Pac" operating as Idahoans for Liberty:
This law firm has been retained by Senator Fred Martin to give you notice that your collective conduct in sending a mailer to the voting constituents in Idaho Legislative District 15 and in creating two websites labeling the Senator as a "pervert" and a "creep" by misusing and misrepresenting law enforcement documents constitutes defamation under Idaho law and local Supreme Court case precedent where made falsely and with malice. Demand is made that you publicly and immediately retract these falsehoods by:
(1) removing the offending website material
(2) designing and sending a second mailer, prior to Thursday, October 8, 2020 which retracts and apologizes for said allegations to the same mailing list which you used to forward the original.
I attach hereto as evidence of your collective actual malice and knowledge of falsehood a September 10, 2020 threatening email sent to Senator Martin by Mr. Rodriguez which wrongly claims the existence of video security footage showing his presence "near the girls restroom." No such video exists or has ever existed. Without substantiation, Mr. Rodriguez in the same email alleges an intent to make all voters in District 15 aware of the Senator's "nature as a compulsive liar." No such proof can be had. Rodriguez encapsulates the malice and disregard of truth in this exercise in mischaracterization by promising to let the voters know how "weird, creepy, perverted and bizarre" the Senator is.
It may also be relevant to the motivation for these improper personal attacks that Mr. Rodriguez was defeated by Senator Martin in a two way Republican Primary election race in 2014 for the same Senate seat at issue herein.
Finally, the intentional falsity and deliberate mischaracterization of the references and quotes from six to eight year old investigative reports is particularly acutely demonstrated by your collective failure to reference the law enforcement bottom line of said reports: "I have not identified any criminal activity that is prosecutable," concluded Corporal Tim Brady. "This investigation will be closed at this time."
Under Idaho law, even a public figure may recover substantial damages for defamation if the bad actors make false statements and act with actual malice, knowledge of falsity or disregard of the truth. (See Clark v. The Spokesman - Review, 144 Idaho 427, 163 P3d 216 (2007)). Accordingly, your prompt action to undertake the above described remedial actions is demanded. Your email, online and no political mailer attempts over a period of several months to drive the Senator our of this race or defeat by creating false claims using selective, misleading quotations and pejorative adjectives must be evident to all who know the actual facts as grossly improper. They can also be demonstrated to a court, by clear and convincing evidence, to be maliciously inspired.
Most Sincerely,
David H. Leroy, Attorny at Law, Counsel to
Senator Fred Martin
That is the entirety of David Leroy's letter. You can download a PDF copy of the actual letter by clicking on the PDF icon to the left.
My Response to David Leroy and Fred Martin:
In response to David Leroy and Fred Martin, I penned the following letter which was sent to BOTH David Leroy and Fred Martin today, October 3, 2020 (via email), and was also placed in the mail to David Leroy:
October 3rd, 2020
David Leroy
PO Box 193
Boise, ID 83701
Dear David Leroy –
Thank you for the opportunity to continue our mission at the Freedom Man PAC to expose corruption and promote liberty. Your letter, which you wrote on behalf of your client, Fred Martin, has been received, and I am very happy to have the opportunity to settle this matter in a court of law.
Therefore, in response to your obvious attempt to intimidate me and the Freedom Man PAC, and likewise in response to the demands you have placed in your letter, I simply respond by saying, “NO!”
It is evident that your services were retained by Senator Fred Martin to intimidate or coerce me and the Freedom Man PAC, and to try to force us to send out a mailer to voters in district 15 apologizing for mailers we’ve already sent, and to remove our website with it’s respective “offending material.” On behalf of the Freedom Man PAC, I can guarantee you that these things will NEVER HAPPEN.
We would definitely prefer to allow you to sue our PAC on behalf of Fred Martin. Please do so. It will be a glorious day for liberty and for truth once the entire world can see, through a legitimate courtroom trial, the deeds and truly abominable behavior of Senator Fred Martin.
As you know, in a court room trial, as the defendant, we will have subpoena powers and the ability to call witnesses to the stand to testify under oath, in front of an unbiased jury. These 12 unbiased jury members will then have the opportunity to hear firsthand, the testimonies of:
So yes, a court case would be a win for TRUTH and for the people of Idaho.
Additionally, while I see no relevant reason to respond to the other points you make in your letter, I will do so as a favor to you, in order to help you stay better informed, as it is quite evident in reading your letter that you have done little to no research, and hold many facts completely in error, and are consequently making baseless claims and impotent demands.
For example, consider the following 3 blatant errors in your letter which demonstrate a very high level of incompetence and a blatant disregard for factual accuracy:
1. Your letter names “Gunner Steele,” “Diego Rodriguez,” and “Levi Anderson” all as “officers” of the Freedom Man PAC. None of these individuals are noted anywhere online or in official state documents with the Secretary of State as being “officers” of the PAC. On the contrary, our website notes that they are a “Staff Columnist,” “Communications and Marketing Director,” and “Ambassador for Action,” respectively.
2. Your letter is addressed to “Mr. Rodriguez and the Board of Directors of ‘Freedom Man PAC’ operating as Idahoans for Liberty.” I don’t even know who the Idahoans for Liberty are, and was not aware of their existence until Fred Martin himself informed me of them in an email he wrote to me on August 26th, 2020 where Fred wrote, “Again, all media outlets did not do a story except the Idaho Reports (dated March 16, 2019) and Idahoans for Liberty (dated October 18, 2019).” So, you are accusing us of operating as an organization that I didn’t even know existed until your client, Fred Martin, informed me of their existence!
3. In your letter, you claim that “Under Idaho law, even a public figure may recover substantial damages for defamation if the bad actors make false statements and act with actual malice, knowledge of falsity or disregard of the truth.” You then cite the case Clark v. The Spokesman – Review from 2007. I have this case report in hand, and this case establishes the exact OPPOSITE precedent as to what you are claiming. In this case, the plaintiff, Trent Clark, who was a public figure, as he was the State Chairman of the Republican Party, attempted to sue the Spokesman-Review for defamation for an article written by Thomas Clouse, which he did not like. The court sided with Clouse and the Spokesman-Review and the defamation charge was denied. The case was appealed and the appellate court affirmed the original judgment. I imagine it is pretty embarrassing for you to cite a case as precedence that proves the opposite point you were trying to make.
As an attorney representing a public figure, you should do a better job on your research.
Finally, I ask you to demonstrate for me one single, solitary instance, in any of the Freedom Man PAC’s publications where any non-factual claim was made about Fred Martin besides the following two:
1. In one mailer and online, I refer to Fred Martin as “Creepy Fred Martin.” That is simply an opinion. It is my opinion. I wrote that personally and am responsible for it. And yes, it is my opinion—not necessarily a fact. But I am more than willing to take the witness stand, under oath, and explain to a jury the reason why I believe that. Because yes, it is very creepy for a man his age to go to a high school after dark, with a long coat and gloves on, and to enter the girl’s bathroom while hiding behind the wall and peering. That is just creepy! And I’m happy to let the jury decide whether or not my opinion is valid or not (and to hear the testimony firsthand from the custodians who saw him).
2. In another mailer and also online, I also claim that Fred Martin is a RINO. RINO, as you know, stands for Republican in Name Only and is used to describe members of the Republican Party who do not actually stand for the values of the Party. Again, I am more than happy to have Fred Martin’s voting record analyzed in a court room by an unbiased jury and compare it to the published Idaho Republican Party platform to see how well his voting record measures up. I think that is a great idea.
So, besides those 2 claims/opinions which are wholly my own and which were published through the Freedom Man PAC, please demonstrate for me a single, solitary factual inaccuracy in any of our publications. If you can’t find one, then you obviously don’t have a case. But like I said, it doesn’t matter—I am more than happy to take this to a courtroom trial. The level of discovery that will take place as a result of this trial will be worth its weight in gold for the good people of Idaho.
Sincerely,
Diego Rodriguez
Communications Director
Freedom Man PAC
David Leroy
PO Box 193
Boise, ID 83701
Dear David Leroy –
Thank you for the opportunity to continue our mission at the Freedom Man PAC to expose corruption and promote liberty. Your letter, which you wrote on behalf of your client, Fred Martin, has been received, and I am very happy to have the opportunity to settle this matter in a court of law.
Therefore, in response to your obvious attempt to intimidate me and the Freedom Man PAC, and likewise in response to the demands you have placed in your letter, I simply respond by saying, “NO!”
It is evident that your services were retained by Senator Fred Martin to intimidate or coerce me and the Freedom Man PAC, and to try to force us to send out a mailer to voters in district 15 apologizing for mailers we’ve already sent, and to remove our website with it’s respective “offending material.” On behalf of the Freedom Man PAC, I can guarantee you that these things will NEVER HAPPEN.
We would definitely prefer to allow you to sue our PAC on behalf of Fred Martin. Please do so. It will be a glorious day for liberty and for truth once the entire world can see, through a legitimate courtroom trial, the deeds and truly abominable behavior of Senator Fred Martin.
As you know, in a court room trial, as the defendant, we will have subpoena powers and the ability to call witnesses to the stand to testify under oath, in front of an unbiased jury. These 12 unbiased jury members will then have the opportunity to hear firsthand, the testimonies of:
- The custodians at Centennial High School who personally saw Fred Martin in the girl’s bathroom and hiding under a tree in the dark.
- Reporters from channels 2, 6, and 7, along with Dan Popkey (formerly of the Idaho Statesman), reporters from the Idaho Press, and KBOI radio, who Fred Martin claims all investigated his case and concluded that “it never happened.” Let’s see if these reporters are willing to go on record, under oath, in a courtroom trial, and corroborate Fred’s claims.
- The current Attorney General, representatives from the Idaho State Police, and the then-leadership of the Idaho State Senate, who Fred likewise claimed investigated the incident and likewise concluded that “it never happened.” We look forward to seeing them in court, under oath, in front of a jury telling their side of the story—and seeing whether or not they will corroborate with Fred.
- Also, any number of Fred’s constituents, associates, and more who have had interactions with Fred over the years who would be willing to testify to Fred’s history of falsehoods and general character. I know of several who would jump at the opportunity to testify under oath concerning the lies that Fred has told them personally.
So yes, a court case would be a win for TRUTH and for the people of Idaho.
Additionally, while I see no relevant reason to respond to the other points you make in your letter, I will do so as a favor to you, in order to help you stay better informed, as it is quite evident in reading your letter that you have done little to no research, and hold many facts completely in error, and are consequently making baseless claims and impotent demands.
For example, consider the following 3 blatant errors in your letter which demonstrate a very high level of incompetence and a blatant disregard for factual accuracy:
1. Your letter names “Gunner Steele,” “Diego Rodriguez,” and “Levi Anderson” all as “officers” of the Freedom Man PAC. None of these individuals are noted anywhere online or in official state documents with the Secretary of State as being “officers” of the PAC. On the contrary, our website notes that they are a “Staff Columnist,” “Communications and Marketing Director,” and “Ambassador for Action,” respectively.
2. Your letter is addressed to “Mr. Rodriguez and the Board of Directors of ‘Freedom Man PAC’ operating as Idahoans for Liberty.” I don’t even know who the Idahoans for Liberty are, and was not aware of their existence until Fred Martin himself informed me of them in an email he wrote to me on August 26th, 2020 where Fred wrote, “Again, all media outlets did not do a story except the Idaho Reports (dated March 16, 2019) and Idahoans for Liberty (dated October 18, 2019).” So, you are accusing us of operating as an organization that I didn’t even know existed until your client, Fred Martin, informed me of their existence!
3. In your letter, you claim that “Under Idaho law, even a public figure may recover substantial damages for defamation if the bad actors make false statements and act with actual malice, knowledge of falsity or disregard of the truth.” You then cite the case Clark v. The Spokesman – Review from 2007. I have this case report in hand, and this case establishes the exact OPPOSITE precedent as to what you are claiming. In this case, the plaintiff, Trent Clark, who was a public figure, as he was the State Chairman of the Republican Party, attempted to sue the Spokesman-Review for defamation for an article written by Thomas Clouse, which he did not like. The court sided with Clouse and the Spokesman-Review and the defamation charge was denied. The case was appealed and the appellate court affirmed the original judgment. I imagine it is pretty embarrassing for you to cite a case as precedence that proves the opposite point you were trying to make.
As an attorney representing a public figure, you should do a better job on your research.
Finally, I ask you to demonstrate for me one single, solitary instance, in any of the Freedom Man PAC’s publications where any non-factual claim was made about Fred Martin besides the following two:
1. In one mailer and online, I refer to Fred Martin as “Creepy Fred Martin.” That is simply an opinion. It is my opinion. I wrote that personally and am responsible for it. And yes, it is my opinion—not necessarily a fact. But I am more than willing to take the witness stand, under oath, and explain to a jury the reason why I believe that. Because yes, it is very creepy for a man his age to go to a high school after dark, with a long coat and gloves on, and to enter the girl’s bathroom while hiding behind the wall and peering. That is just creepy! And I’m happy to let the jury decide whether or not my opinion is valid or not (and to hear the testimony firsthand from the custodians who saw him).
2. In another mailer and also online, I also claim that Fred Martin is a RINO. RINO, as you know, stands for Republican in Name Only and is used to describe members of the Republican Party who do not actually stand for the values of the Party. Again, I am more than happy to have Fred Martin’s voting record analyzed in a court room by an unbiased jury and compare it to the published Idaho Republican Party platform to see how well his voting record measures up. I think that is a great idea.
So, besides those 2 claims/opinions which are wholly my own and which were published through the Freedom Man PAC, please demonstrate for me a single, solitary factual inaccuracy in any of our publications. If you can’t find one, then you obviously don’t have a case. But like I said, it doesn’t matter—I am more than happy to take this to a courtroom trial. The level of discovery that will take place as a result of this trial will be worth its weight in gold for the good people of Idaho.
Sincerely,
Diego Rodriguez
Communications Director
Freedom Man PAC
You can also check out the following links which are relevant to this article:
Clic here to see the website which exposes the truth about Senator Fred Martin and to download the police reports for yourself so you can make your own determination about what is true and what is false:
FredMartinRevealed.com
Click here to download a copy of this response letter:
Diego Rodriguez Response Letter to David Leroy
Click on these links to learn more about the Clark v. The Spokesman Review case referenced by David Leroy:
Clic here to see the website which exposes the truth about Senator Fred Martin and to download the police reports for yourself so you can make your own determination about what is true and what is false:
FredMartinRevealed.com
Click here to download a copy of this response letter:
Diego Rodriguez Response Letter to David Leroy
Click on these links to learn more about the Clark v. The Spokesman Review case referenced by David Leroy:
- Spokesman Review Newspaper wins libel, false light case in high court
- Download the Clark v. The Spokesman Review Court Docket
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