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~ 10250 Constellation Blvd.

19th Floor
Los Angeles, CA 90067
310.553.3000 TEL
310.556.2920 FAX
Patricia L. Glaser

August 11, 2017 Direct ~ia~

Direct Fax

Michael J. Bowe
Kasowitz Benson Torres LLP
1633 Broadway
New York, NY 10019

Re: Bolling v. Ali

Mr. Bowe:

We represent Yashar Ali. The lawsuit Eric Botlin~ filed is utterly devoid of
merit, and we demand that you dismiss it immediately.

The Summons with Notice you filed on August 9, 2017 is purposefully sparse on
allegations, and does not identify which purportedly "false and misleading"
statements could possibly support a $50 million damages award. We assume you are
referencing Mr. Ali's August 4, 2017 article on the Huffington Post titled, "Fox News
Host Sent Unsolicited Lewd Text Messages To Colleagues, Sources Say" (the
"Article").' Your client, Mr. Bolling, was the subject of the Article, which Mr. Ali
sourced from 14 different people.

When Mr. Ali asked you for comment on August 4,z prior to the Article's
publication, you said, "Mr. Bolling recalls no such inappropriate communications, does
not believe he sent any such communications, and will vigorously pursue his legal
remedies for any false and defamatory accusations that are made." Mr. Bollin~'s
recollection and belief hardly constitute a denial of the accusations against him,
especially in the face of your refusal to answer the two basic questions that Mr. Ati
asked prior to the publication of the Article: /entry/eric-bolting-fox-news-text-
messages_us_5984d2bbe4bOcb15b1 be6d65?hd6

2 Mr. Ali had already sought comment from Mr. Bolling through Fox News, which
you later claimed insufficient.
Michael J. Bowe
August 11, 2017
Page 2

1. Has Eric, at any point, sent lewd or inappropriate text messages or

emails to Fox News or Fox Business colleagues that were unsolicited?

2. Has Eric ever sent the image of a man's genitalia (whether it was Eric's
genitalia or not) to any Fox News or Fox Business colleagues?

As reported by the New York Times on August 5,3 Fox News suspended Mr.
Bolling pending an investigation by Paul Weiss. At this point, another accuser came
forward. Caroline Heldman, a frequent guest on Fox News, published a statement
about her interactions with Mr. Bolling.4 Mr. Ali's second article on Mr. Bolling,
titled, "New Sexual Harassment Allegations Leveled Against Fox News' Eric Bolling"5
was not the first to pick up on Ms. Heldman's comments.6

Under Uniform Rule Section 130-1.1 a, your signature on the Summons with
Notice constitutes a certification that to the best of your knowledge, information and
belief, formed after an inquiry reasonable under the circumstances, the presentation
of the paper or the contentions therein were not frivolous. In fact, the Summons with
Notice is controlled by Section 130-1.1(c)'s definition of "frivolous" because it (1)
asserts material factual statements that are false and (2) has been filed to harass or
maliciously injure Mr. Ali.

First, it is false that Mr. Ali published defamatory statements. There is no

evidence of actual malice. Mr. Ali conducted a thorough investigation and verified his
information with 14 independent sources. As a result, Mr. Bolling, a public figure, is
not entitled to any damages from Mr. Ali. Furthermore, truth is always a defense to



atle~ations_us_59865320e4bOcb15b1 beebc6

6See, e.g.,

Michael J. Bowe
August 11, 2017
Page 3

You have said, "We will defend Eric aggressively in court, where actual facts,
based on evidence, testimony and cross-examination, will belie these anonymous
accusations."' The actual facts, of course, will reveal the opposite. We welcome the
opportunity to depose Mr. Bolling and review his message history, as we presume that
you have instructed him to preserve communications. We are also confident that Paul
Weiss's internal Fox investigation will corroborate Mr. Ali's article.

Second, we view your decision to sue Mr. Ali in his individual capacity, for $50
million, without also naming the Huffington Post, as a calculated effort to harass and
intimidate Mr. Ali personally. It will not work. Mr. Ali himself has been steadfast in
his refusal to be cowed, and the Huffington Post has publicly stood by Mr. Ali. Mr. Ali
is not going to stop reporting on Mr. Bolling because of this frivolous lawsuit.

If Mr. Bolling does not dismiss this action, we intend to move for costs
(including attorney's fees) and sanctions under Uniform Rule Section 130-1.1(d). At
best, you failed to investigate Mr. Bolling's claims, at worst, you were aware his
claims were false but proceeded regardless.

Continuing litigation will only reveal that Mr. Bolling's lawsuit was filed for
public relations purposes and to retaliate against Mr. Ali for uncovering the truth.
Already, Mr. Bollin~'s suit has tarnished Mr. Ali's reputation and incited Mr. Bolling's
supporters to post racist tirades against Mr. Ali on his Facebook Pale. Comments to a
post$ by Mr. Ali about this lawsuit included the following:

Larry Duhmarko i hope he hangs you aEi POS reporting

,~ = r
~~. Peter Stefan Schmidt i hope alleged gaat fuciceE Yashar gets
~ lynched and they' let nis rotten corps hang fir the cro~vvs sport. I
Date Islam and I hate the left ,vili all my heart.

Joe Vitale He's a middle eastern US, hater. Stick your ~ up ~, ou falafel
raghead POS
~' 3


Michael J. Bowe
August 11, 2017
Page 4

Jude John Lobo bankrupt 7fou Fr~KE NE"~OS &deport you HOA~1E to
_ Ei_I;t~,,_
Roc Vedas U better hope your so called sources are correct because if
not KY gill be your near best friend...

We demand that you dismiss the New York action immediately. Should you
refuse, we have been authorized to pursue all claims in law and in equity against you
and your client, including malicious prosecution.

This letter is not intended as a complete statement of the relevant facts, nor
Mr. Ali's contentions based on said facts. Mr. Ali hereby reserves all rights and

If you wish to discuss this matter further, please contact me, or my partner Jill
Basinger at 310-282-6275.



Jill Basinger
Louise Nutt

Dianne Brandi
Executive Vice President, Legal and Business Affairs
Fox News /Fox Business