RPV Executive Director Sends Cease and Desist Letter to Two Bloggers
The attorney for Republican Party of Virginia Executive Director John Findlay served a cease and desist letter on two Virginia bloggers today, demanding they remove allegedly defamatory material from their websites. The letter, which you can read below, rebuts claims that Findlay, among other things, “has misused resources of the Republican Party of Virginia for improper purposes or in violation of the State Party Plan.” In the letter, Findlay’s attorney outlined that the claims being made were “literally false and false by implication, and . . . have harmed and continue to harm Mr. Findlay’s professional reputation.”
The letter was addressed to Aaron Gulbransen, who has served as a contributor at The Bull Elephant blog, as well as Tom White, editor of Virginia Right!, who reposted Gulbransen’s piece on his website. At least two versions of the articles appear to have been taken down, in apparent compliance with the cease and desist letter from Findlay’s attorney. Gulbransen has since reposted the article on his Facebook wall. The story no longer appears on Virginia Right! and the apparent cross-post version of that article that appeared on The Bull Elephant also appears to have been removed. One of the articles referenced in the cease and desist letter, however, remains accessible on The Bull Elephant’s website, which we cannot link to because of the potential for litigation. Gulbransen is a “sometime political consultant, sometime lobbyist, and author,” according to his biography on The Bull Elephant. Tom White is a retiree and former Republican activist, who supported Robert Sarvis against Ken Cuccinelli for Governor in 2013.
Findlay declined to comment on the letter for this article, citing pending litigation.
This incident represents a continued escalation of the war of words coming from various parts of the Commonwealth being directed at RPV. State Central Candidate Ron Hedlund has accused both Findlay and RPV Chairman John Whitbeck of interfering unfairly in his race for the 7th District SCC. Whitbeck has confirmed his opposition to Hedlund’s candidacy. Whitbeck also came under fire from on-again-off-again RPV Chairman candidate Vince Haley, who announced his intention to revive his brief campaign for RPV Chair that ended abruptly when he posted an announcement last February that he was withdrawing from the race, and confirmed his withdrawal in an email to Findlay. That email and his statement, which was also made on Virginia Right!, were used to reject his nomination by the RPV Convention Nomination committee on April 13.
Responding to the letter, Gulbransen told Bearing Drift, “Findlay tipped me off today when I spoke with him and he threatened me over the phone. The bean burrito I had for lunch caused me more indigestion.”
Gulbransen was clearly unmoved by the demand letter, adding “[w]hen I got the letter in my email, I startled my wife because I laughed so hard. My attorney, between fits of laughter, told me that a judge would laugh even harder than we were. Clearly it’s a juvenile form of intimidation and factually incorrect. I feel proud to be one of the many members of the ED Findlay Threat Club, although I was unaware that while the RPV is proudly pro-2nd Amendment, it is now anti-1st Amendment?”
He also posted a comment on Facebook late Friday evening responding to the incident.
While this is Gulbransen’s first brush with the perils of online activism, this is not the first time that Tom White has been accused of engaging in defamatory behavior. He has falsely accused Bearing Drift contributors of accepting payments on behalf of candidates for office, including Eric Cantor, in return for favorable coverage here, for which he was permanently banned from commenting. This represents yet another example of continued odd behavior from White, who was formerly viewed as a generally responsible member of the blogging community. Gulbransen is a relative newcomer to online commentary, with his first article for The Bull Elephant appearing in March 2016. All of his writing, to date, has focused on various aspects of on-going intra-party contests for RPV and local GOP unit elections.
Under Virginia law, the cause of action for defamation has replaced the more familiar libel and slander laws that exist in other jurisdictions. It is a civil, not a criminal, action.
While it is common for intra-party races to descend into competing charges of unfairness and unethical conduct, it is relatively unusual for senior party officials, like a party Executive Director, to resort to potential legal action to address allegations of misbehavior. What this does represent is an escalation in the already overheated battle between the two competing wings of the party in the lead up to the RPV Convention in late April. RPV Chairman Whitbeck is seeking reelection and is unopposed following Haley’s withdrawal, although it is unclear whether Haley will appeal the ruling of the RPV Convention Nominations Committee as to his status.
Findlay says he intends to seek legal action against Gulbransen if the articles are not removed or he continues to post additional material on The Bull Elephant or elsewhere that includes the objectionable statements.
