S6 E29: SLAPP Suits, Stupid Watergate II & Roger Stone: Last Week Tonight with John Oliver

Stupid Watergate 2 and Roger Stone

• The US House continued calling witnesses ahead of public impeachment hearings, which are set to start the following Wednesday, amidst the ongoing "Stupid Watergate 2" scandal (44s).
• President Donald Trump has blamed "the swamp" for the scandal, claiming he "caught" it, despite his statement not making sense (1m2s).
• Trump's defense has been supported by Lindsey Graham, who argued that the president didn't demand a quid pro quo with Ukraine, citing the incoherence of Trump's policy as evidence (1m48s).
• Graham's defense implies that Trump is incapable of forming a quid pro quo, which is a terrifying argument given the president's access to nuclear codes (2m10s).
• Meanwhile, news has emerged from the previous "Stupid Watergate" scandal, involving Roger Stone, a former Trump campaign associate, who is on trial for allegedly lying to Congress about his efforts to connect with Wikileaks in 2016 (2m47s).
• Stone is accused of lying to protect President Trump, and his trial has begun in a Washington DC courtroom, with federal prosecutors arguing that he misled Congress about his interactions with Wikileaks (3m2s).
• Stone claims he never spoke directly with Julian Assange, instead relying on an intermediary, Randy Credico, who has denied being involved (3m45s).
• Prosecutors have presented evidence of Stone's reactions to Credico's denial, including messages that suggest Stone was not truthful about his interactions with Wikileaks (4m3s).
• Roger Stone sent aggressive messages to Kredo in court, including "you are a rat," "a stoolie," and "prepare to die," which he later claimed were taken out of context, stating he said it because Kredo supposedly had terminal prostate cancer, although Kredo denies having terminal prostate cancer (4m5s).
• Stone is in serious legal trouble and is trying to cover his costs by selling merchandise, including a "Roger Stone did nothing wrong" t-shirt, which is considered ridiculous given his past actions (5m5s).
• Stone's merchandise also includes hats, tank tops, hoodies, dog tags, and a "I love porn stars" t-shirt, which is described as a nonpartisan statement (5m48s).
• One of the most notable items is a signed rock, called the "Roger Stone Stone," which can be purchased for $12, reduced from $15, and is considered a symbol of the current times (6m18s).

Misattributed Winston Churchill Quote

• The quote often attributed to Winston Churchill, "If you're not a liberal by the time you're 20, you have no heart. If you're not a conservative by the time you're 40, you have no brain," is actually a misquote, and the original quote is unclear, but the misquote is often used by conservatives (7m2s).
• A quote often misattributed to Winston Churchill states that any man who's not a socialist at 20 has no heart, and anyone who's still a socialist at 40 has no brain; the actual origin of the quote is unclear, but it's often attributed to Clemenceau (8m9s).

Bob Murray's Lawsuit Against HBO

• The main story concerns lawsuits, and a previous episode of the show in 2017 about the coal industry and Bob Murray, the then-CEO of Murray Energy, is referenced (8m30s).
• Before the episode aired, Murray's attorneys sent two letters warning that he would sue if the story was aired, and threatening that HBO would face a significant fight (9m2s).
• Despite the warnings, the episode aired, and Bob Murray subsequently sued the show (9m47s).
• The lawsuit has been in litigation for over two years, but Murray recently dropped the lawsuit, allowing for discussion of the case (10m13s).
• The lawsuit listed several objections to the episode, including a description of Murray as someone who looks like a "geriatric Doctor Evil" and a staff member dressing up in a squirrel costume to deliver a message (10m33s).
• The message "Eat Bob" was actually a reference to a real event in which a miner wrote the phrase on a bonus check he received from Murray Energy (11m4s).
• The bonus program was implemented by Murray despite objections from the workers' union, who believed it would have an adverse impact on safety in the mines (11m16s).
• When a miner returned his bonus check with the words "Eat Bob" written on it, the company tried to fire him (11m31s).
• A lawsuit was filed by Bob Murray, the CEO of Murray Energy, against the show, claiming damages due to a "vicious and untruthful attack" and stating that the show's criticism caused him more stress than the deaths of nine people in a mine collapse overseen by his company (11m54s).
• Murray's lawsuit claimed that he had no opportunity to defend himself, despite defending himself publicly after launching the lawsuit (12m11s).
• The lawsuit was seen as an effort to silence the show, with Murray filing a motion to try and get a gag order to prevent the show from rebroadcasting the story or having it online (13m5s).
• The case was dismissed by a West Virginia judge in February, but Murray then filed an appeal to the West Virginia Supreme Court (13m26s).
• One of the judges set to hear the case was Justice Allan Loughry, who had previously been featured in a segment on elected judges, where he made some questionable comments (13m42s).
• Before the case could be heard, all four justices of the state supreme court, including Justice Loughry, were impeached in a scandal over inappropriate spending (14m49s).
• Murray's team eventually offered to drop the lawsuit, possibly due to Murray Energy's recent announcement that it would be reorganizing under bankruptcy (15m2s).
• The lawsuit was likely never intended to be won, but rather to silence the show, which brings up the larger issue of SLAPP suits (15m26s).

SLAPP Suits and Their Impact

• SLAPP suits stand for Strategic Lawsuit Against Public Participation, which are frivolous lawsuits with no legal merit designed to stifle public debate or dissent (15m28s).
• These types of lawsuits happen frequently and are used to punish and intimidate critics, with one notable example being a friend of Murray who has called for changes to make it easier to file them (15m42s).
• Donald Trump has been enthusiastic about opening up libel laws, which would make it easier to sue people for writing negative articles, and has launched several lawsuits that could be considered SLAPP suits (16m7s).
• One example of a SLAPP suit launched by Trump is when he sued journalist Tim O'Brien for defamation after O'Brien reported that Trump's net worth was lower than he claimed, with Trump ultimately losing the lawsuit (16m30s).
• Trump's statement after losing the lawsuit revealed the true intention of SLAPP suits, which is to make the defendant's life miserable, even if the case is lost in court (17m15s).
• SLAPP suits can be used to silence not only journalists but also citizen activists, as seen in the case of residents in Uniontown, Alabama, who were sued by a waste disposal company for posting about their concerns on Facebook (17m54s).
• The lawsuit against the residents was for $30 million, which is a significant amount considering the median household income in the community is just $114,000 (18m16s).
• The lawsuit was eventually withdrawn after the ACLU stepped in to help the residents defend themselves, but the experience left a lasting impact on the community, with many people afraid to speak up due to fear of backlash (19m9s).
• SLAPP (Strategic Lawsuit Against Public Participation) suits are used to scare people into leaving things alone, allowing the powerful to maintain control and do as they wish, and these tactics often work because people fear the potential consequences (19m20s).
• Almost everyone, including judges and legal scholars, agrees that SLAPP suits are a problem, which is why 30 states have anti-SLAPP laws that enable defendants to force plaintiffs to justify their claims early on, and if they can't, the case is dismissed, and in some states, the defendant is awarded attorney's fees (19m56s).
• However, 20 states lack anti-SLAPP laws, and without federal legislation, plaintiffs can file suits in those states, such as West Virginia, where Bob Murray sued despite neither he nor the defendant living there (20m26s).
• Bob Murray has a history of suing journalists for unfavorable coverage, having filed at least nine lawsuits between 2001 and 2015, according to the Washington Post (20m51s).
• Murray's lawsuits have created a culture of fear, making people think twice before reporting on his business or criticizing him, and some of his suits have been attempts to bully people into silence over trivial slights (21m11s).
• For example, Murray sued an editorial cartoonist over an unflattering cartoon, which is seen as pathetic, and he also sued a couple, James and Lisa Sosia, for holding a small protest outside his company's headquarters (21m43s).
• The couple's protest was deemed the least intimidating, with only about 20 people marching and holding signs, but Murray still sued them and a local newspaper for their coverage, tying them up in appeals for years and costing the newspaper hundreds of thousands of dollars in defense costs (22m17s).
• The appeals court judge eventually ruled in favor of the couple and the newspaper, stating that Murray's suit showed why Ohio should adopt an anti-SLAPP statute, as it had a chilling effect on free speech (23m0s).
• Lawsuits can be successful even if they don't work, as they can cultivate a reputation for being aggressively litigious and apply a chokehold on how someone is covered (23m12s).

Uncovered Lawsuits Against Bob Murray

• Research has uncovered two ongoing lawsuits involving Bob Murray, the chairman of the country's largest private coal company, which have received almost no press coverage (23m37s).
• In one lawsuit, Murray discloses that two women who worked for him alleged harassment and a hostile work environment, which he denies, but admits paying them considerable sums of money in confidential settlements (23m47s).
• A separate lawsuit alleges that Murray made numerous attempts to kiss a former employee on the lips, pulled her into him, and called her into his office while wearing only his underwear (24m4s).
• The same complaint also claims that Murray had the plaintiff get on her hands and knees to locate or pick up items for him, including a kidney stone he had dropped and fished out of the toilet (24m41s).
• Murray denies all allegations, claiming they are concocted and an attempt to harass and publicly embarrass him, but one of the plaintiff's colleagues backed her up in a separate deposition (25m33s).
• The lack of coverage of these lawsuits is unusual, given the serious allegations of workplace misconduct involving a highly public figure who is close to the president and plays a role in shaping energy and environmental policies (26m32s).
• Organizations may be wary of criticizing Bob Murray due to his history of filing lawsuits, even if they are baseless, as these lawsuits can cause significant damage and financial losses, with one lawsuit costing over $200,000 in legal fees (26m56s).
• Effective anti-SLAPP laws are needed nationwide to deter powerful individuals like Bob Murray from using the courts to silence legitimate dissent (27m24s).
• Bob Murray has a history of suing individuals and organizations, including a lawsuit against the show, which was won but still resulted in a tripling of liable insurance premiums (27m11s).
• Despite the risk of another lawsuit, the show stands behind its previous piece and will continue to speak out against Bob Murray's attempts to bully people into silence (28m16s).

Satire and Song about Bob Murray

• The Supreme Court has consistently protected loose figurative language, such as jokes, that cannot reasonably be understood to convey facts about someone (28m26s).
• Bob Murray has been using the courts to silence critics for decades, including suing small newspapers and individuals (28m12s).
• The show's host has decided not to say anything more about Bob Murray, instead choosing to sing a song about him (29m6s).
• The song is a way of expressing criticism of Bob Murray without risking another lawsuit, as it is protected by the Supreme Court's ruling on loose figurative language (30m23s).
• The show's host and guests proceed to make humorous and satirical comments about Bob Murray, using protected speech to criticize him (30m31s).
• A story is being told about a person named Bob Murray, who allegedly walked into an M&M store without wearing pants, exposing himself, and proceeded to grab M&M's and put them in his rectum, then asked tourists to reach in and grab some sweets (31m43s).
• The story claims that Bob Murray spread his butt cheeks and told people to look inside, saying his rectum was full of treats (31m57s).
• The narrative is interrupted by a character playing the role of HBO's legal counsel, who asks to stop the story (31m34s).
• The story is then cut off, and a song is sung about Bob Murray, with the lyrics mentioning that he is not the Zodiac Killer (32m15s).
• The song appears to be a humorous and satirical take on Bob Murray's alleged actions (32m20s).
• The segment ends with applause and music (33m28s).