SANDLER

,

REIFF, YOUNG & LMm, P.C..

June 20 2011 Via E-1VbiJ and Overnight Courier D i<lIJJ1e. Brandi, Esq. Executive Vice Presidem- -Legal & Business Affairs FOX News Network, LLC 12'11 Avenue .of'tne ADJericas-:-----o2'd Floor New York NY 10036

Re: .Statements Made on .FOX News Network Regarding Dear M.s. Brandi:

Van Jones

I am writing on behalf'ef our client ML Van Jones. Mr. Jones is currently. a Senior Fellow at the Center For American Progress andholds a joint appointment at Prineeton University, 'as a. distiaguished visiting fellowin the Ce;n.te,r for AfrLc:an American Studies .and hi the PriJgrmn in Science, Technology and E.1wiro:rinIl¢nt.aI :i;lt)licy at the Woodrow Wit 00 School 6]~ Public.and International Affairs. for nearly twoyears on programs broadcast onand by the Fox News Network, '1 seriesof sensational and inflamsnatcry charges have been made. against Mr. ~J D,e9.IE~dh ~ ofthese statements is demonstrably unequivocally and absolutely f-alse, and each is clearly defamatory.as set forth below.

(1) "Jones is a Communist';/"revQI'utionary"I"Marxist"

On theGlenn Beck show broadcast by .F(0X News Network en June 13,.2011, Glenn Beck ealled Mr. JOI.1eS an "unrepentantcomrnunisf" and a "radical revolutioaary" who apparently oppose, the American Dream and. capitalism.
On the SeanHannity Sbpw broadeast 011 FOX News Network on. April 26, 2011" Mr. I~IaJ].Jjjty ·S"tated:'You 'lie: friends 'with \Tan Jones, an avowed CGHllIll'lll1:iit <1ind9tll tnuther you're friends with him'?"
'By new on this program, you have C"0me to know Van Jones asa racial revolutionaries, a eommunist ,.

On March 3, 201 J . Mr. Beck stated on his FOX News .program,

1025

VERMONTAVENUB,

N.W:,

SUITE

3.00"

WASHIN"GTON,

DC '20005· TEL: (102) 479-1Ill· iJ:I.-..e."

PAX:

(202) 479-1115

Dianne Brandi, Esq. June 20. 20'~ 1

Pag~2
N ews, «And Van Jones had to resign because he was

QIl lVlay 1'9,201'0 Bill Reilly stated all his program, TLle.O'Reilly Factor; on Fox

i farleft kook, CdriliJ;lvtfts:tguy."

'Onhis

.FOX Newsprogram

'on Pebruary 28) 2011, Mil. Beck stared of Mr. Jones.

'Van j ones, ,Do not dismiss ihis man .. ;.He'salso an unrepentant communist revoluti onm-y "
On

November 18,.;2'010, Mr. Beck stated

011 Ibis Fox

NEWS program, about Mr.

Jones, "You watch tlcis guy, This :g!L).y,is trouble. He is dangerous. He isa ccmmunist. .,," Mr. Jones' is not a member of any Communist Panty 'or Marxist organization whatsoever and has. notexpressed .ally support tot ~ny focm ofCorumunister Mar;.;ist ideology for many-years. u~ same 2005attlcle in which 'he Mr. Jones-discussed tbe having bad such OQtrQO$ 'as a young man, he also talked about his growth away from those views ..

Mr. Jones has repeatedly clari'fted that his economic views ate ID-1iJ.'ily pro-market in lj;'i1fnergu, speeches, televised interviews ana in the Huffington Post. In fact Mr. Jones
is lmOWI} as a leading champion of free market solutions to current environmental problems .. His best-selling book; TrIE GR:EBN-CotLAR E'C.ONOMY (2Q09)! advocates govermnent policies. to promote private sector innovation. The World Economic Forum rtselfhas repeatedly honored Mr. Jones work. He has been ¢alleg tb:e "green" Jack Kemp, be ause 'he shares the late GOP ,leader's commitment to entrepreneurship as a cure for poverty. The allegations that Mr. Jones is an "unrepentant communist,' 'is a Communist, , is,a Communi 't guy' and is a "revolutionary" are tbus denronstrably and unequivocally false, Clearly ~h¢,$estateti:l.eors were calculated .to; and do, injure Mr. Jones in: his PNte'ss.iol1al urrd cemmunity standing and lower him in the estimation of the American pLlbli c.Tlrey areactionable .as a matter of 1m"v.

(~) '''Jones'Is viQlet!t" I ~. spent time in jail Mr. Beck and other ccmmentators en FOX News Network have repeatedly made, statements implying that Mr. Jones 1S violent and/or is 11 criminal. dn his ,program on March 3',.201.1, Mr. Beck referred to Mr. Jonesas "at guy who called for radicalisrn.and

violenceon the streets ...

ij

On March Z, 2011, onihis FOX News program, Mr. Beck admitted' he was mistaken when he called Mr. Jone a convicted felon, but stated, "He wa _-he just spent some tUue 'in jail, 0'1' he was arrested, ' On his FOX News program on February 28} 2011, Mr. Beek referred to anarchists engaged in violence. "They . Lash with police throwing rocks and bottles at tlIeQjJ. and

Dianne Brandi Esq. June 20,.2011

Pag¢ 3

smashingcruisers .. ;.We are 'anarchists .... You will find the same kind ofs'edtiment the people like Van Jones, the M.arxis.ts, the communists, the anarchists, the Is.lami.$ifs·...... [T]1:ley all want :thesfi!11e thing,"

with

Mr. Jones has never been convicted 'Of any crime, ever. He does not advocate violence of any form "Orkind. He was not present in Los Angeles during ,!;l)e 'Rodney King' riots.end he ha,s never played any role; in ?ihy riot. . In May of 1992, Mr. Jones was detained by the San Francisco Police Department for several hours along with thousands of protesters who had participated in a peaceful demonstration. Mr. Jones a student at Yale, Law Sch601 at the time, bad been serving as a. legal 111 onito r of,the march. Mr. Jones later brQugh1i. ali action for ral$e:at)"e,st 'aw~ imprisonment, andjudgment was entered ,u;llJiS fa or. The statements that 1/Ii'. Jones is violent and has. "spent time in jail' are absolutely false are inherently defamatory 2L1t1d are actionable asa ,liQatter of law.

(3)

'JQilC.$

is a 9/11 truther' Beck stated onbis FOX News Ne'tw6rk

On March 21 201L]vIr.

show

that)

"'[Y10U]<IDQW because they didn't know Van Jones was a 9/11 truther, you knew? I means, should we expect :the waite House to: distance himself .... Maybe we should tell him h@ 5 a 9ftl truther.'
01'1I\:p:d126j 2011 ,l\1i\ Hannitystated, 0n1'118 FOX News Network show, "You're friends with Van Jones an avowed Communist and 91'11 truther, yOU 're friends with boo.?" 011April 7, 2011 Mr. Beck stated on his program on FOX News "Don't worry about Van JOlT€S and the '9111 truther in :tbe' Wbit·e HOllse. He's not there.'
IFroJlJ Match 1., 20 I 0, through today, the FQX News website has posted a article by:Mi. Beck, entitled "'We Love You too, Van Jones", in-which Mr. Beck states that Mr.

Jones' was la 91'11 Tru.ther;listed 'as: a: signer eftlre 9/1 ~ Truth COIDmissi0L1 petition that caned, for an inquiry h:}ltoevidence govemment officialswere involved in the Sept, 11 attacks, • http://wwvvJoxl.ews+c6~/tnrv/O .. 91J.58770:5;OO.bln.il. ?

Mr. Jones hasnever advocated or expressed support for any tlreory that the 9/'11 terrorist attack was tire result of-a conspiracy involving the·U.S, Government.

fbtttillJe$.claimed that Mr. [TOueS supported a. statement, thcO'91~. Truth 'Statement" expressing. such views. TJioat.gtOl.lp "911 truth.org " baa.since adnutted. that "we do 'not
have; a written signature and his. [Jones'] view is that bedoe.s notagree with the statement' (911 Truth.org Statement,

.Six years,

ago, a group espousing

such views, and claiming to

represent .9/11

Dianne Brandi Esq.

June 20, 2011
Page 4 .http:/" 'i ,.91Itn:Jth.org/art:ide.pbp?storv=2Q 1.0072805080~46 y. The organization bas correeted its. error by removing Mn Jones' nanre (aud the names of two other leaders who were.alsc listederroneously) :ITtO~i1Itswebsite, In fact, Mr. Jone never saw and never signed the statement. He never did. and.

wound never approve the use of his name.in connection with any statement suggesting any view of 9tl 1 other than that it re ulted frem a conspiracy sponsored hy ()saula biJlt Laden and the Al-Q::l€<da terrorist t;irgani~atloll. MI". JO!ICS bas repeatedly made: those views clear, in multiple i,oterviews(illc1uding 011CNN).
The statements. thatMr. Jones is.a "9/11 THIther" are thus also completely false and, under the applicable legal standards, clearly defamarory. Th~ statements haye:go conceivable purpose Ql!Jn~l' than to lnjure Mr. Jones in his professional staading and lower him W the estimation ofthe community, and the statements have had that effect. (4) "Jones. is a cop killer" / supported a c.op-killer"'; "h:~ttescop. ,"

Ott FOX and Friends, on May] f; 2011 i the program host stated that, "Whether you're talking about his association with Bill Ayers and the Weather Underground and embrace of Van yunes :even for a fleeting moment, wilo was a proponent of convicted cop killer ....."

On Match 3,201 L,.lVLr.Beck stated on his FOX News program, "By now on this program, you ha e come-to know Van Jones as a radical revolutionaries, a communist, a. cop killer; .. ;"Mr ..Beck further called Mr ..Jones "<:'I radical revolutionary communist that
doesn't Uke C0I?S .....
'

From Marclr 1 ~:O through today, the FOX News, website has posted an article 1G. by Mr ..Beck, entitled' We Love You T00; Van Jones," ill which Mr. Beck states that Mr. Jones "defended a cop: killer ill ~ 999 .... " htto:/lwww.foXll 'Vvs;com/s.!:.Q!.y[0.2933·,5 TZOS_,.O'O.htmL Mr. Jones has never 'expressed .and never wculd .express any support of any kind for acts of'violenee.against lawenforcement @:fficers.Mf.lolles' father was a pCi1ide officer in. the mUiuary. Mr. Jones' uncle cm1'('mtlyserves as a police Qf.ficet in the. same tough community in which Mr. JONes father grew 'Up..

ill. .the case' of'Mumia Abu Jamal.charged wielr murderef ~:police' officer and 'sentenced to death in 1982 Mr. Jones did and does oppose in1positi:cm of the death

.peualty, inasmuch as he generailly opposes the death penalty 0.0. moral and: practical grounds. and does not Jj Iieve that i~ a. uniquely effective deterrent to' crime. ln is addition, Mr. Jones supported thecalls for a new trial because of very credible indications that Mr ..Abu-Jamal had not: been afforded a~ trial=.allegations supported ill a report fair issued in 2000 by An1l1esty;Inremational.

Dianne Brandi, Esq. June 20,2011

Page 5
The statements that Mr. Jones is a' cop killer, is a "proponent of [aJ convicted cop kil[er"aitd that be 'de;f!;i_Illd'erlLacop kriTle1-. clearly Imply that Me JQ~es' suppertedor 'e.m;d01"$ed the heinous 'C,I-rUle (j)f \~bJcb Jamal 'was accused and is tUlsympathetic to police officers generally. 'iJi'hesestatements are entirely false and inherently defamatory, (5) "Jones is a raclsb" P'Jutte.S white people" Statement have beeUmjaue repeatedly on the FOX News Network implying that Mr. Jones is racist and/or hates white people.

spent his ¢lltire.ll:l1e opposing and combating racism, He bas achieved a repuratiou for bui1di!1!g998.1#10n:8across racial!' and ethnic lines toadveeate for sensible environmental policies.
Mr. Jones has

Mr. Jones has never made, and would never make. any remark disparaging any racial or ethnicgroup, or any illdiviclual '00 the basis lrfi'gender. race, ethnicitY-rcligiQh or . .any other ground'. The charge that Mr. Jones is racist is based ou.tWQ video clipswhich have been takea coarpletely out of context In the firstclip, Mr. ITcmes.liotes that most ofth¢ celebrated instances of'rnass gun violence ar schools involved y,01.i:JJ.g white men. IBut viewed in its full context, M1'. qotle$ 'ISexpr::essio.g,cpmpasslon for young white males who ltlay feel desperate due to neglect and he points to fheneed for society to pay more attention to. t11'el],emotional, eccnemic and other needs, In the second dip. Mr. Jones is quoted as suggesting that white environmental activists andregulators had 'in the.past been insufficiently sensitive to the problem of locating tfaciliti($ generating ba~atd¢us waste: or pollution in communities of color. He then .goes on to- argue that all people should work together across Lines of.c lass and color, to find positive solutions. Nofhing in ihisclip'iremniely suggests any prejudice .01" bias on the part of Mr. Jones.

The statements that Mr. Jones is racist .arethua completely false. As it linjute:s Mr. Jones' reputation in the vetyj}ubHc policy areas in which Mr. Jones has; been recognized
a, .a leader, the statement is. clearly defamatory as well. (6) "Jones organized/attended an Anti-America

rally on 9/}2/2001"

On his program Q!iJ. fOX News Network 011 AprJij 2{nl.,. Mr. Beckstated.fwe have recently found a videotape of what Van Jones was a0ingrtlie day after 9/11. Where 'were you on 9HZ'? . .I [EJl1eir ,J ives were lost because ,of our gcvemment, i:llhUlilal1eiforeign policy, at what our country doesaround the rest of the w6tlld Ithat lsads us not to' be afe her Van Jones had' similar words. Tb'at:3 Where he was ol'll'9/11..... Herehe is, the day of 9111 a,t that smile rally, .. .Ir' the bombs that the government. has been dmppiIJ,g around the world that are now blowing up inside the U.S. borders ... When ylilU see where he was and what he said , , . when you hear what he was saying OJl 9/l.2/2001. YOq ll)ligllt want to reconsider .This is a que tion youmust ask yourselfnow. Do I see

Dianne Brandi, Esq. June 20, 20 [ 1 IPage,6 American the same way as these communists, radicals, revolutionaries and Islamists

America?"

see

Mr. Jones was one of many speakers at a small gathering, in Oakland on Sept 12,th
2001 convened to express shock and horror at the atrocities committed on 9/11. Mr. Jones did not organize-or lead the gathering. Mr. Jones doesnot agree with the hateful, misguided sentiments of some OF the attendees featured in this clip and has never endorsed Of adopted any such sentiments, H 1'SC011i1ments 'at {he rally were for all people ,to eschew violence and pursue change thrcugh peaceful means.As with any politicalfigure, he is often forced toshare the "Surge with people with whom he: strongly disagrees, On behalfof Mr. Jones, we demand that the FOX News Network {i) tmmedia1.el:y 'cease and desist from further dissenainaticn of the above-quoted statements OJ: any

statements similar in substance; and (ii" broadcast on the Glenn Beck Programan eXl)i'ess 'and specific retraction of these statements, Please let us know by close ofbusiness thi-s Friday June 24 2011 (i) whether FQXNewsNetwork has complied wilh the.firstrequests and (ii) whether FOX News, Network intends to comply with the latter reques] and, iff 8.0, how and when. Our clienthas instructed l.IS that in the event that the FOX News Network does .not immediately creaseand' desist from further dissemination of the above statementaor does Hot confirnrits intention tocomply with the. request fera retraction, we are to explore 2111 vailable ,Lega'l remedies to address the iJJj1,lJ'Y caused to Mr. Jones by these a

false and defamatory tatements,

Thank you for yourtime and immediate, atteution to this matter.

Sincerely yours,

;/7A
lEo Sandler

~os'eph eo: Mr. Joe Kerry (via email) Ms. Tiffany Siegel (via email)

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