https://www.youtube.com/watch?v=-D53kCsSHzw
The latest chapter in the drama between Gawker and Hulk Hogan (real name Terry Bollea) came yesterday, with Gawker attempting to file a stay to block a judge’s ruling while they file an appeal. That’s the ruling from last week, when Judge Pamela Campbell ruled that a forensic investigator can be hired at Hulk Hogan’s request to search Gawker’s computers and phones. The goal? Discovering if Gawker violated a court order in their lawsuit.
Hogan is suing because Gawker published excerpts of a sex tape shot without his permission on a friend’s home security system, and insisting that Gawker is playing dirty. The allegation/ That the leak of Hogan’s racist comments that got him fired by WWE came from Gawker, and that they sourced sealed documents to facilitate said leak. While not the only sealed documents in the lawsuit, everything from the FBI’s investigation into Hogan being extorted via the sex tapes has been sealed from the public.
Gawker is arguing that there is little basis for such a wide examination of employees’ and in-house counsel’s computers. They also cite their earlier filings when they responded to Hogan’s attempt to get the investigation going, which shed more light on, among other things, exactly what Gawker received from the FBI. With the argument being that there’s barely even circumstantial evidence that Gawker was behind the leak, they state that:
* A timeline of what’s contained in the Hogan/Heather Cole sex tapes was circulating in New York and Tampa radio circles by March 2012.
* Other parties who were well aware of Hogan’s racist comments before this past July included Bubba Clem, Heather Cole, Nik Riichie of TheDirty.com, the source of an October 2012 item in the Philadelphia Daily News, Keith Davidson (the lawyer who tried to help a client sell the videos to Hogan or extort money from him depending on your view), Davidson’s client, numerous federal investigators, and TMZ’s Mike Walters,
* Gawker didn’t have most of what was released by the National Enquirer in the first place, with what they have from the FBI being incomplete. The audio of the FBI sting on Davidson (where Hogan, his lawyer, and Davidson watch the videos) “simply does not include most of the quotes reported by the Enquirer.”
The radio community timeline, which Gawker got in discovery, “does not contain the racist language published by the Enquirer. It also does not reference Bollea’s use of homophobic slurs, as reported by the Enquirer.” Davidson’s transcripts, which Gawker’s lawyers got from the FBI, also don’t match what the Enquirer published.
Specific examples of quotes that the Enquirer had that Gawker’s lawyers didn’t included some of the most damning ones. That includes “I guess we’re all a little racist. F**king n***er,” which is probably the most cited one because it’s used to refute people who say Hogan’s not a racist.
* Gawker never had proof of the racist comments “in large part because Bollea successfully thwarted Gawker’s efforts to obtain that proof or take any discovery about the contents of the timeline and transcripts.”
Hogan had, under oath, represented to the court and the Special Discovery Magistrate overseeing the sealed documents that he besides what Gawker got in 2012, he “had no knowledge of the existence of any other tapes.” In actuality, he watched all three (the one Gawker got, the one with the racist comments, and one more) during the FBI sting. He also claimed that any allegations of racist comments on the videos were lies fabricated by an extortionist.
In a hearing on July 1st, a few weeks before the leak, Hogan’s lawyers claimed that if a video with the racist comments existed, then the audio may be from an impersonator hired by the extortionist. They also argued that the rumors of such comments may have been coming from the extortionist. On top of that, it was argued that mentions of the FBI investigation shouldn’t be allowed in the case because it was “predicated on these tapes purportedly saying something that they don’t say.”
* The DVDs of the sex videos Gawker has are heavily edited. None of the racist comments were included. At the time of the leak, “reprocessed” versions of the DVDs (there were issues with the first one) had not yet been seen by Gawker’s lawyers.
@petersterne they didn't. An exhaustive @radar_online @NatEnquirer investigation uncovered multiple sources who provided us with transcript
— Lachlan Cartwright (@LachCartwright) July 24, 2015
* The Enquirer and its reporters have always claimed that Gawker was not one of their five sources for the articles. They also worded the articles to make it clear that the sources had access to the unedited videos themselves, or at least it seemed that way.
Regardless of your feelings as to the main case and whether Hogan should win that, it does seem like Gawker has a very compelling argument when it comes to this. While the appeals court itself has generally favored Gawker, this attempt at getting a stay is with the trial judge, who has seemingly favored Hogan. It should be interesting to se where this goes, and we’ll keep you apprised of any updates.