ESPN article on Anna Wolfe and the welfare scandal

aTotal360

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I tried to take a deep dive into this to understand.

Let me know if I'm wrong here...The turd, Phil Bryant, wants to put this chick in jail because she won't give up her sources.

How is this not a civil case? I assume they are trying to get her on "contempt"? What am I missing?

@Shmuley
 
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patdog

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I tried to take a deep dive into this to understand.

Let me know if I'm wrong here...The turd, Phil Bryant, wants to put this chick in jail because she won't give up her sources.

How is this not a civil case? I assume they are trying to get her on "contempt"? What am I missing?

@Shmuley
You can go to jail for contempt of court even in a civil case. And the real reason all this is happening is because her boss ran her mouth a lot more than she should have. Bryant probably has a good case here.
But then, in February of last year, just months before the Pulitzers were to be announced, Mississippi Today CEO Mary Margaret White appeared on a panel at a national conference and said: "We're the newsroom that broke the story about $77 million in welfare funds, intended for the poorest people in the poorest state in the nation, being embezzled by a former governor and his bureaucratic cronies and used on pet projects like a state-of-the-art volleyball stadium at Brett Favre's alma mater." (Since White made her statement, Louisiana has passed Mississippi to have the country's highest poverty rate, according to the U.S. Census Bureau.)

There was a major problem with White's statement: In fact, Wolfe's reporting did not at all suggest Bryant had embezzled money, and the former governor had denied even knowing any funds were misused.
 

aTotal360

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You can go to jail for contempt of court even in a civil case. And the real reason all this is happening is because her boss ran her mouth a lot more than she should have. Bryant probably has a good case here.
Would issuing a retraction clarifying that point not work?

I don't understand how White saying that would land Wolfe in jail.
 
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patdog

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You can't defame someone very publicly and then just post a statement that you "misspoke" on your website (I doubt very prominently on your website) and get away with that.

I'm not a lawyer. Maybe if it comes down to it, Wolfe could avoid jail, while White has to go to jail.
 

johnson86-1

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Wolfe shouldn't be involved in this. Her boss is the one they have a case against.
He has a case against WOlfe also. Not sure how good it is, but shocking that the "news" article defending Wolfe didn't actually mention what the alleged defamatory statements were:
Then Favre suggested they ask the then-Mississippi governor for help and offer him stock in the company. Bryant bit. The men met with several others for dinner in Jackson at Walker’s Drive-In in late December of 2018. (emphasis added).

1.12 Wolfe published that Bryant committed to investing $25,000 in Prevacus at the December 2018 meeting. Bryant did not commit to investing $25,000 in Prevacus at this meeting or any other occasion. Wolfe’s statement is false, intentionally misleading, and defamatory.

1.13 Wolfe also wrote, "Bryant, who is suing Mississippi Today for defamation and has sent threats to the news outlet for continuing to report this story, declined through an attorney to answer questions about this story or respond to allegations in the latest court filing.” (emphasis added). Wolfe similarly wrote in the article titled “Court Filing Alleges Gov. Phil Bryant Directed Welfare Funds for Illegal Volleyball and Concussion Drug Projects” that “[t]hrough his attorney, Bryant declined to answer questions about the allegations made in the Dec. 12 filing. Bryant, who is suing Mississippi Today for defamation, has sent threats to the news outlet for continuing to report this story, including basic updates about public court documents.” (emphasis added). These statements are false, intentionally misleading, and defamatory. Bryant did not threaten Mississippi Today “for continuing to report this story,” nor has he threatened Mississippi Today for reporting on “basic updates about public court documents.”


It's hard to prove malice if reporters aren't required to produce any of their notes or sources and not providing some access will just encourage journalists to be more reckless, encouragement that they hardly need. There's also a legit concern that the occasional good that modern journalism does will be reduced if sources fear that they can be outed in a defamation lawsuit.

I don't know which way this should go but neither side seems to be making a frivolous argument, at least based on public policy considerations. No clue what the actual law is.
 
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The Peeper

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You can go to jail for contempt of court even in a civil case. And the real reason all this is happening is because her boss ran her mouth a lot more than she should have. Bryant probably has a good case her
If I'm Wolfe I'll be damned if I would go to jail because my big mouthed boss couldn't keep her mouth shut because she was looking for some publicity for her paper in front of an audience. I'd tell her to pack her knickers and toothbrush because she was sharing a cell with me
 
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Dawgg

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How the hell can Ole Miss claim to be a law school when the greatest collection of legal minds in the greater southeastern United States are right here on this board?
 
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greenbean.sixpack

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I'm not reading the article, but if the issue is she is using an "unnamed source" to make serious accusations, I do have a problem with that. One of these principles of this country is the right to face one's accuser. We all know the journalists (and everyone else) will lie to advance their agenda.
 

Dawgg

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I'm not reading the article, but if the issue is she is using an "unnamed source" to make serious accusations, I do have a problem with that. One of these principles of this country is the right to face one's accuser. We all know the journalists (and everyone else) will lie to advance their agenda.
Right to face the accuser is in the context of a criminal trial. Also, literally every real reporter in this country uses unnamed sources and are expected to protect the identity of those sources. Beyond that, freedom of the press is also one of the principles of this country.
 
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FormerBully

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I'm not reading the article, but if the issue is she is using an "unnamed source" to make serious accusations, I do have a problem with that. One of these principles of this country is the right to face one's accuser. We all know the journalists (and everyone else) will lie to advance their agenda.
She should not give up her sources. Unnamed sources are some of the most important people in this country. They help find truth.
 
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johnson86-1

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Right to face the accuser is in the context of a criminal trial. Also, literally every real reporter in this country uses unnamed sources and are expected to protect the identity of those sources. Beyond that, freedom of the press is also one of the principles of this country.
Freedom of the press doesn't grant a privilege to refuse to disclose sources or material. I think most states have granted some sort of qualified privilege.

I think a good compromise for defamation cases might be that they can maintain their privilege if they agree to a jury instruction that leaves out the actual malice standard and treats it like any other defamatory statement. If you want to rely on confidential sources and protect source materials and notes, you take the risk on your reporting being accurate. But you don't get to say, yea, I made a mistake, but it was an honest mistake and you can totes trust me, but you can't have access to any material that might prove whether there was malice or not.
 
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patdog

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She should not give up her sources. Unnamed sources are some of the most important people in this country. They help find truth.
They are. But at the same time, you can't just slander someone and claim "unnamed sources" as a defense when they sue you (exception for former star running backs who may or may not have killed 5 hookers). Somewhere, there has to be a check and balance between "freedom of the press" and just letting the press abuse that freedom to make baseless attacks on anyone they want to.
 
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Shmuley

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I tried to take a deep dive into this to understand.

Let me know if I'm wrong here...The turd, Phil Bryant, wants to put this chick in jail because she won't give up her sources.

How is this not a civil case? I assume they are trying to get her on "contempt"? What am I missing?

@Shmuley
The contempt arises out of the former Governor's state court civil case for defamation. A witness who refuses to follow a court order such as a subpoena or an order to show cause may be held in contempt of court. A circuit judge has authority to jail an obstinate witness or defendant who is found in civil contempt of court.
 
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FreeDawg

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Her boss screwed her. She did nothing wrong. That said, that paper doesn’t just lean left, it sprints left. It would be fascinating to see her reporting laid bare. If I was her I’d protect sources at all cost and go to jail and become a martyr. My curious mind would love to see how she developed the reporting & see if it wasn’t clouded by agenda.
 
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Theconnormead

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Freedom of the press doesn't grant a privilege to refuse to disclose sources or material. I think most states have granted some sort of qualified privilege.

I think a good compromise for defamation cases might be that they can maintain their privilege if they agree to a jury instruction that leaves out the actual malice standard and treats it like any other defamatory statement. If you want to rely on confidential sources and protect source materials and notes, you take the risk on your reporting being accurate. But you don't get to say, yea, I made a mistake, but it was an honest mistake and you can totes trust me, but you can't have access to any material that might prove whether there was malice or not.
This. Bryant has to prove she had knowledge of falsity or reckless disregard for the truth. That's tough to prove if she can hide behind a confidential source (i.e. "I just reported what my confidential source told me"). If, for example, she turns over the confidential info and it doesn't support what she reported, then Bryant's case is much easier to prove.
 

greenbean.sixpack

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She should not give up her sources. Unnamed sources are some of the most important people in this country. They help find truth.
I hear what you are saying, but the dishonesty in journalism today is unfathomable. There's certainly no reason to trust journalist (or anyone else).
 
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Theconnormead

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I hear what you are saying, but the dishonesty in journalism today is unfathomable. There's certainly no reason to trust journalist (or anyone else).
Sad to say, I trust politicians less.....I feel like there is a shred of truth in all reports about politicians, no matter how slanted.
 

patdog

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Should White have said what she did, probably not.....Was she wrong, probably not.
Should she have kept her mouth shut? Absolutely yes. Was she wrong? Maybe. If she wasn’t, she should have no trouble defending herself in this case.
 

Shmuley

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Sad to say, I trust politicians less.....I feel like there is a shred of truth in all reports about politicians, no matter how slanted.
^^^ This is true. In this case, Bryant was setting up his post-Governor future by currying favor with a well-healed benefactor. The payoff was not directly related to the funny bidness with the welfare money. It was in the post-Governor opportunities that would flow out of the questionable arrangement. Where things got sideways was in the effort to tie the Governor directly to misspent funds.
 
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