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Steven J. Rosen v. AIPAC

Documents

On March 2, 2009 Steven J. Rosen filed a civil lawsuit in the Superior Court of the District of Columbia accusing his former employer, the American Israel Public Affairs Committee, its directors, and an outside public relations firm of libel and slander. Rosen, AIPAC's former foreign policy chief, is seeking damages of $5 million from AIPAC and punitive damages of $500,000 each from former board members.  Rosen's lawsuit seeks $21 million in total damages for statements he claims AIPAC made that were "knowingly false and defamatory and issued in reckless disregard for the harm to Mr. Rosen."  The civil suit is related to the 2005 criminal indictment of AIPAC officials Steven Rosen and Keith Weissman along with Department of Defense employee Colonel Lawrence Franklin under the Espionage Act. 

Document/File Date Contents
03/03/2009

Civil defamation lawsuit.  AIPAC fired Rosen and Weissman in 2005 after they were criminally indicted under the 1917 Espionage Act. AIPAC's spokesman told the New York Times in April of 2005 that Rosen's actions differed from "the conduct that AIPAC expects from its employees." On July 7, 2005 the spokesperson told the New Yorker that "Rosen [and his colleagues] were dismissed because they engaged in conduct that was not part of their jobs and because this conduct did not comport with the standards that AIPAC expects and requires of its employees."

05/13/2009 (PDF) AIPAC motion to dismiss asserting that Rosen failed to show "factual allegations" that could be considered in any way defamatory.  AIPAC charges Rosen filed his suit outside the one-year statute of limitations for defamation and that AIPAC board members have various immunities under District of Columbia statutes.
07/08/2009 (PDF)  Rosen counters that both he and Weissman were fired only to save AIPAC from being criminally indicted. 

"On February 17, 2005, only two weeks after awarding Mr. Rosen the $7,000 special bonus for excellence in job performance, the AIPAC Board of Directors placed him on involuntary leave.  This was done immediately after AIPAC was threatened by the Justice Department in a meeting between AIPAC's counsel and its Executive Director Howard Khor and federal prosecutors on February 15, 2005.  There the lead federal prosecutor stated that, "We could make real progress and get AIPAC out from under all of this," if AIPAC showed more cooperation with the government.  On February 16, 2005, AIPAC's counsel said that the lead federal prosecutor "is fighting with the FBI to limit the investigation to Steve Rosen and Keith Weissman and to avoid expanding it."  This warning implied that AIPAC's Executive Director and the AIPAC organization as a whole could become targets."

 

08/07/2009 (PDF) AIPAC counterclaims Rosen "has misdirected his anger" by suing AIPAC rather than the "government agency that directly investigated him and indicted him for purported criminal activities."  AIPAC claims Rosen failed to demonstrate AIPAC's intent to defame under higher standards for public figures.
08/24/2009 (PDF) Rosen claims legal precedent for allowing aggrieved parties to file lawsuits outside normal statutes of limitations for extenuating circumstances, in this case Rosen's 2005 criminal indictment and lengthy pretrial maneuvers.  Rosen claims he "will be in a position to prove his allegations with evidence following discovery."
09/18/2009 (PDF) Rosen files a list of prospective witnesses who may be called to testify at trial.  The list  of forty-eight individuals includes: Lawrence Franklin, Keith Weissman, Douglas Bloomfield, Morris Amitay, Thomas Dine, Elliott Abrams, John Bolton, Martin Indyk, David Satterfield, Kenneth Pollack, Malcolm Hoenlein, and Abraham Foxman.
10/30/2009 (PDF) Judge Jeannette J. Clark dismisses all plaintiff complaints against AIPAC directors and contractors.  The judge sustains plaintiffs right to have a jury decide wither AIPAC acted with malice when it stated publicly that Rosen did not "reflect AIPAC standards."
11/11/2009 (PDF) AIPAC requests dismissal of remaining complaint and reimbursement of costs and attorney's fees.  AIPAC alleges that Rosen's complaint may be barred by the doctrine of "unclean hands" which denies monetary remedy because the plaintiff was acting unethically or in bad faith with respect to the subject of the complaint, and that "equity must come with clean hands".
11/20/2009 (PDF) Judge Jeannette J. Clark modifies the scheduling of Rosen v. AIPAC.  On 12/14/2009 parties file statements about discover from experts to be called at trial.  The discovery process will close on 3/02/2010.  The parties will enter alternative dispute resolution process (ADR) from 5/3/2010 through 06/03/2010 and enter pre-trial upon completion of ADR if no settlement is reached.
03/29/2010 (PDF) Plaintiff Steve J. Rosen and defendant AIPAC jointly modify scheduling to close discovery on June 11, 2010, set a June 25 deadline for filing motions, and Alternative Dispute Resolution (mediation) on August 9, 2010.
03/29/2010 (PDF) Plaintiff Steve J. Rosen and defendant AIPAC sign a protective order governing the use and disclosure of Confidential Information.

 

 
 
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