A Comment About

How The New Republic Got Suckered

August 20, 2007 - 7:45 am
fulldroolcup
2007-08-20 09:16:15

Just a clarification: “whistle-blower” statutes protect employees against retaliation by their employers for reporting evidence of criminal behavior, fraud or statutory violations. McGee hasn’t been alleging fraud or criminal behavior, so he’s not protected under the WB statutes.

TNR’s lawyers may be attempting to use a “cease and desist” LETTER (not an ORDER, which comes from a judge) to shut McGee up, claiming he is slandering/libeling TNR and threatening to sue him if he doesn’t stop.

If I were in McGee’s shoes I would keep quiet until I consulted an attorney to determine whether to seek a declaratory judgment to quash the letter. Myself, I think the “public controversy” here would make it impossible for TNR to sue successfully; so maybe McGee will wind up ignoring it.

In any case, unless a judge issued a “cease and desist” ORDER, it has no legally binding effect. Given who the miscreants are here, it’s TNR who should be treading lightly, not McGee.