James Cramer/David Patch/Stockgate Today/INvestrend Communications/thesanitycheck.com
thesanitycheck.com
From: James Cramer
Sent: Tuesday, January 03, 2006 5:52 AM
To: David Patch
Subject: RE: Cramer, Rocker, Overstock.com
At this point, because you have chosen to defame me all correspondence will be through lawyers. I am very sorry.. but a reckless disregard of the truthis libel even for public figures. Have a nice day. Please send me the address of 1. Stockgate Today, INvestrend Communications, thanks.jjcramer
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From: XXXXXXX / (name)
Sent: Tuesday, January 03, 2006 9:33 AM
To: Jim Cramer
Subject: Re: FW: Cramer, Rocker, Overstock.com
=== Jim, how are you? Enjoy your show although it is a bit frenetic for me. I like that other one, too, "Deal or No Deal."
David Patch, who you may know is an aggrieved shafted shareholder turned commentator and SEC critic, is provided space in FinancialWire to contribute a periodical column on the subject of naked short sales. FinancialWire does not censor its contributors, as I'm sure you do not censor TheStreet.com contributors.
I'm also assuming CNBC does not censor you.
In each "Stockgate Today" column, there is a disclaimer that the opinions expressed do not necessarily reflect the opinions of FinancialWire or its publishers. As Dave knows, we have disagreed with various of his conclusions in the past. I have not thoroughly reviewed the piece regarding your claim of "libel" but will be glad to do so if you will send it to me and point out the specific language that you feel defames you.
FinancialWire is published by Investrend Information, a division of Investrend Communications, Inc., and it is protected by the First Amendment, as are its editors and contributors.
There are public figures and there are PUBLIC figures. You fall into the latter category, and a substantial part of your public personna is to sharply, harshly and without reservation criticize other public figures and entities, sometimes to the point of ridicule. Your criticism of Mr. Patch would seem to be one of those instances former President Truman was talking about when he remarked about heat, kitchens and fire.
You have also opened the door for fair comment with your publication of column after column critical of the very issues that Mr. Patch espouses.
It is inconceivable that you would seriously contemplate damaging your own public personna, in effect, as the "sticking it to the man" commercial moralizes, libeling yourself by showing that you can dish out but not take criticism. However, that is your decision to make.
cyberlibel.com
Nevertheless, FinancialWire stands prepared to offer you whatever space you need to correct any inaccuracies, point out any defamations you perceive to have been made, disagree with statements made, or to take issue with any positions taken.
Fire away when ready.
Best ... (name)
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From: James Cramer
Sent: Tuesday, January 03, 2006 09:38 AM
To: (name)
Subject: RE: Cramer, Rocker, Overstock.com
Please make no attempts to contact me personally, all correspondence must be through our lawyers. The First Amendment does not protect any news organization from malicious and patently false statements. Once again, if an entity that calls itself a news entity is put on notice that something is patently false, the standard of libel applies to even public figures. . Please talk to your attorney and please do not attempt to contact me again
jjc
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From: XXXXXX / (name)
Sent: Tuesday, January 03, 2006 8:05 AM
To: James Cramer
=== Jim, my note was as close to warm and fuzzy as I could get under the circumstances where you are threatening. If you want to throw out all pleasantries and persist in legal mumbo-jumbo, I don't need to hear that. Please direct that to:
YYYYYYYY, P.C.
ATTORNEY AT LAW |
