.comment-link {margin-left:.6em;}

Proviso Probe

Thursday, December 01, 2005

DEFAM, Welch moves to dismiss, but it's not over

On Monday, December 5, 2005, Emanuel Christopher Welch will appear in court to ask the court to dismiss the lawsuits he and his brother brought against me.

Welch's decision to drop the lawsuits was reported in Capitol Fax (the version that costs $350 per year) on Wednesday. I first learned about it when Tim Thomas of SEIU Local 4 sent me a congratulatory text message.

I then called my attorney to ask what he had heard. Apparently they didn't receive the motion today until 1:45 PM when they requested Welch's law firm to send a fax copy.

It was strange to have so many people congratulate me at the Yarbrough fundraiser and Drinking Liberally. I'm glad they knew, but it seemed unfair that they had seen it in writing before me and my lawyers.

But there are other issues that need to be addressed. The premise of the Billy Welch suit is simply false. He was indicted and since James J. Roche represented Billy Welch there's no plausible claim of ignorance. This is also the third time Welch has filed a lawsuit during a campaign season and then dropped it when it suited him. I don't know how it will play out, but I hope Welch is forced to answer some hard questions.

Yeah, I'm going to the Daley Center on Monday. It's not quite a ticket to see the White Sox in the World Series, but I wouldn't miss it for the world.

8 Comments:

  • If anybody has the Cap Fax text, can they please post it in the comments.

    By Blogger Carl Nyberg, at 6:56 PM, December 01, 2005  

  • Here are the questions I sent Emily Robinson, the Welch campaign press secretary:

    Today I received copies of Emanuel Christopher Welch's motions to withdraw his two lawsuits against me.

    Does Welch have any comments?

    Does this vindicate me? Does it show that the lawsuits were without merit and couldn't withstand being challenged by competent legal representation?

    By Blogger Carl Nyberg, at 7:12 PM, December 01, 2005  

  • Here's Welch's press release from Wednesday:

    For Immediate Release

    November 28, 2005

    MAYWOOD- Today, Emanuel “Chris” Welch, candidate for 7th District State Representative filed a non-suit for the two lawsuits involving blogger Carl Nyberg. The suits against Nyberg were filed after comments were posted on his blog and a letter was sent to Welch’s employer with non-factual defamatory remarks. With the holidays around the corner and a campaign in the works Welch said, “My priority at this time is to focus on my current position as District 209 School Board President and my campaign for 7th District State Representative. It is time to move on and focus on the future and the road that lies ahead. I hope Carl takes this blessing as a an opportunity to examine his mode of operations and I wish him the best in his future endeavors.”

    By Blogger Carl Nyberg, at 7:14 PM, December 01, 2005  

  • Do any of Welch's supporters that visit Proviso Probe believe he dropped the suit because he was feeling charitable?

    Or did he drop it for self-serving reasons?

    By Blogger Carl Nyberg, at 7:34 PM, December 01, 2005  

  • What a creepy statement! Yikes! And this guy is a school board president?? Wow!

    By Blogger The Inside Dope, at 9:11 PM, December 01, 2005  

  • I object to Welch saying I made "non-factual defamatory remarks".

    I maintain all my statements of fact are accurate. Welch has not demonstrated any of my remarks as being defamatory.

    If he really believed they were defamatory, why is he withdrawing the lawsuits?

    By Blogger Carl Nyberg, at 11:57 AM, December 02, 2005  

  • interested reader is right. welch is non suiting the case which means as a matter of right he can re-file the cases within a year. i suspect he will be monitoring your behavior the next few months and will file the suits again right after the March election. just so you and interested reader know, a plaintiff has a right to non suit a case as a matter of right at least once. you can't stop him carl.

    By Anonymous Anonymous, at 12:29 AM, December 03, 2005  

  • I deleted a post under "anonymous". Please use a pseudonym.

    By Blogger Carl Nyberg, at 12:04 PM, December 19, 2005  

Post a Comment

<< Home