ATTORNEYS & COUNSELLORS AT LAW

H.LOUIS SIRKIN MARTIN S. PINALES HOWARD M. SCHWARTZ LAURA A. ABRAMS JOHN P. FELDMEIER JENNIFERM. KlNSLEY CANDACE C. CROUSE SCOTT R. NAZZARINE
OF COUNSEL

920 FOURTH & RACE TOWER

105 WEST FOURTH SIXEFT

JOHNGERARD PATEN*
'ALSO ADMITTEDIN KK -Y

CINCINNATI,OHIO 45202-2726

TEECOPIER 721-0876 (513)

TELEPHONE 721-4876 (513)

January 9,2008

Via Frrcsinzile (202) 628-9383; (204) 947-9841

Franltlin Foer, Editor The New Republic 1331 H Street, NW Suite 700 Washington, DC 20005 Re: Mr. Foer:
I rcprcscnt Pctcr M. Heimlich, who was the subject of an article was published in the April 23,2007 issue of your magazine entitled "The Choke Artist: Who are the Mysterious Critics Hunting I4e1u-y I-leimlich?". The article was written by New Republic senior editor Jason Zengerle. My understanding is that you Ivere Mr. Zengerle's supervising editor on the article.

Heimlicl~ article

On October 5 , 2007, Mr. Heimlich sent the following e-mail to Mr. Zengerle: Jason, Thanl<sfor your time on the phone this rnorniilg and for agreeing that the call would be confidential, off the record, and not for publication per our agreement below. You aslted me to send you details, you said that you still had yournotes, that you would check them, and get back to me in a few days with answers to my questions. From your article:
In one last desperate attempt, Heimlich's investigator condztcted a ~~assive Internet search on the phone nz~n-zbers, hoping to come z~ with CI ~nntclz. vvas a digitalJjshin~ It expedition, but the investigntor got n bite. One of ihephone number-s used by Heinzlich's ne~nesis had also been used in an Internet clnssifificd adfor a 27-inch television and VCR. The seller was locctted in Portland, Oregon, and the

Franl<lin Foer, Editor January 9,2008 Page 2

con7pany he owned was called Global Fabric. The seller ident@ed himself CIS "Pete."
It seems to me that in order for this claim to hold water, your source needs to have a copy of "an Internet classified ad for a 27-inch number that matches the televisioli and VCR" which includes apl~one phone number in a document tied to "Heimlich's nemesis" (as you put it). I have copies of internet classified ads which include my Oregon phone number. However, I've been unable to locate any documents which might be described as originating from "Heimlich's nemesis" that include the phone number listed in the classified ads. Therefore it's unclear how "Heimlich's investigator" was able to malte the connection you described in your article.
1) Did you obtain copies of these alleged "matching documents" from your source or did you only obtain the information verbally?

2) If so, would you please provide copies to Franklin Foer and to me?
Also from your article:

Althoz~ghHeimlich's tornzentors had signed their attacks with fake nnnzes, employed multiple e-nzail accounts and Web-hostingservices from far-flwngplaces (such us the Czech Republic), and usedphone nunzbers that were registered under even nzore pseudonynzs, the investigator made the startling discovery that the attacks could be traced back to the same ISP nunzber. In other words, Dr. Bob Smith, David Ionescu, and Holly Martins were likely the same person.

3) Do you know the ISP number? If so, what is it?
4) Did you obtain copies of supporting documentation from your source which includes the alleged "matching ISP numbers" or did you only obtain the information verbally?

5) Would you please provide copies of all related supporting documentation to Mr. Foer and to me?
The information in your article suggests that the "matching

Franltlin Foer, Editor January 9,2008 Page 3 docun~ents"and "matching ISP numbers" are publicly-available information from the internet. Therefore, I see not reason why you should withhold any related publicly-available docun~ents upon which you relied for your article. Further, your article claims that all of the above related infornlation originated from me. Therefore, if the information is in the form of e-mails or in another form which allegedly originated from me, I am entitled to obtain these documents from you in order to verify whether or not they are bona fide. Finally, on the pl~onetoday, you mentioned Jason Haap of the Cincinnati Beacon. Mr. Haap told me he has repeatedly asked Mr. Foer lo provide him with the date of a11 on the record interview you conducted wit11 my father. Mr. Haap told me he's been u n s ~ ~ c c e s s f ~ ~ l in obtaining the date from Mr. Foer. From your article:

Now I will lell you about the nzalariatherapy, or imrnunotherapy as we now call it, in Afvica. " He began to readfvonz one of the sheets. "The Heirnlich Institute has been collecting CD4 and viral load data on pnlients who are HIV-positive and have beconze infected wilh provide szpyort for the concept of using malaria. This data ~~vill ~ialari~~the~.apy for treating HIV infeclion.

6) While you're checking your notes, would you please check the date of that interview and provide it to me?
Thanks and loolcing forward to your reply next weelc. Sincerely, Peter Heimlich Mr. Zengerle confirmed same-day receipt of Mr. Heimlich's e-mail and agreed to look for the docun~ents and information. Despite a follow-up e-mail from my client, Mr. Zengerle failed to produce the requested documents and information. In an attempt to bring this to your attention, Mr. Heimlich then repeatedly contacted you by e-mail and phone, but never received a reply. As nly client's e-mail to Mr. Zengerle makes clear, none of the requested information is confidential or proprietary. The documents in question are public records which Mr. Zengerleclaims were posted on the intenlet. Regarding the date of Mr. Zengerle7son the record interview with Dr. I-Ienry Heimlich, it is unclear why that information should be secret.

Franl<linFoer, Editor January 9,2008 Page 4 My ul~derstandiiig that you recently stated that Mr. Zengerle's article was independently factis checked. It stands to reason that any legitimate fact-checking would have verified the documents ill question, as well as the date of Mr. Zengerle's interview with Dr. Heimlich. Mr. Zengerle has had three months to locate the requested documents and information, but is apparently unwilli~lgor unable to produce them. Therefore, I am asking you, as Mr. Zengerle's supervising editor on the article, to provide me with the documents and information requested in Mr. Heimlich's e-mail. If I do not receive the materials by January 22,2008, I will assume you and Mr. Zengerle are unable to produce them. I loolc forward to your response so that I may advise Mr. Heimlich how to proceed. Sincerely, SIRKIN PINALES & SCHWARTZ LLP

H. Louis Sirkin
cc: Tom Strike, President Corporate Development and Strategy Implementation CanWest Global Conlmunications Peter M. Heimlich

1001 Pennsylvania Avenue, NW, Washington, DC 20004-2595

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p202 624-2500 I f202 628-5116

crowellldmoring

January 14,2008

H. Louis Sirkin Sirkin, Pinales & Schwartz 920 Fourth & Race Tower 105 West Fourth Street Cincinnati, OH 45202
Re: Peter Heimlich Requests

Dear Mr. Sirkin: My client, The New Republic, h a s asked me to respond to your letter dated January 9, 2008. I have reviewed the information requests from your client and discussed the matter with both Mr. Foer and Mr. Zengerle. Mr. Foer h a s asked me to advise you that The New Republic is not disposed to provide the information you have requested. Sincerely yours,

Andrew H. Marks cc: Franklin Foer

Crowell & Moring LLP

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www.crowell.com

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