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February 1, 2019 Mr. Jim Bankoff, Chief Executive Officer Vox Media

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February 1, 2019 Mr. Jim Bankoff, Chief Executive Officer Vox Media TY CLEVENGER P.O. Box 20753 Brooklyn, New York 11202-0753 telephone: 979.985.5289 [email protected] facsimile: 979.530.9523 Texas Bar No. 24034380 February 1, 2019 Mr. Jim Bankoff, Chief Executive Officer Vox Media, Inc. 1201 Connecticut Avenue, 11th Floor Washington, DC 20036 Mr. Marty Moe, President Vox Media, Inc. 1201 Connecticut Avenue, 11th Floor Washington, DC 20036 Jane Coaston, Senior Politics Reporter Vox Media, Inc. 1201 Connecticut Avenue, 11th Floor Washington, DC 20036 Re: Edward Butowsky Mr. Bankoff, Mr. Moe, and Ms. Coaston: I write on behalf of Ed Butowsky pursuant to TEXAS CIV. PRAC. & REM. CODE §73.055 to request the retraction of defamatory statements made about Mr. Butowsky. I have attached two articles by Ms. Coaston that appeared on the Vox website on April 19, 2018 and October 1, 2018, respectively, and I have highlighted numerous false and defamatory statements about Mr. Butowsky. Contrary to Ms. Coaston's statements, Mr. Butwosky has not lied about anything, nor has he knowingly concocted false stories. And he certainly has not acted with any malice toward Joel and Mary Rich. On his behalf, I must demand that you retract and repudiate the false statements identified in the attached articles. If I do not receive a response or notice of retraction prior to February 15, 2019, we will proceed with litigation. Thank you for your attention to these matters. Sincerely, Ty Clevenger Seth Rich’s parents are taking their fight against Fox News to court Is Fox News liable for spreading a conspiracy theory? By Jane Coaston [email protected] Updated Apr 19, 2018, 2:38pm EDT Mary Rich, the mother Seth Rich, gives a press conference in the Bloomingdale neighborhood of Washington DC, on August 1, 2016. | The Washington Post/Getty Images Seth Rich’s family suffered an incredible tragedy when their son died two years ago. What came next only added to their heartache. Seth was shot to death about a block from where he lived in the Bloomingdale neighborhood of Washington, DC, on July 10, 2016. Police never found the killer. His parents, Joel and Mary Rich, have been besieged since his death by conspiracy theorists, alt-rightists, and Trump supporters — some representing the very heights of right-wing media — who were convinced that Seth’s murder was somehow orchestrated by Hillary Clinton and the Democratic Party in a byzantine scheme involving WikiLeaks and the Russia investigation. Seth Rich’s brother, Aaron, has filed a lawsuit against several conservative outlets, including the Washington Times, for spreading “vicious lies” about Aaron’s involvement in his brother’s death. And Seth Rich’s parents are suing two Fox News contributors and the network itself for intentional infliction of emotional distress and negligent supervision. They’re demanding the case be heard by a jury. In a statement to Vox, Fox News said, “We can’t comment on this pending litigation.” Mary and Joel Rich at their home in Omaha, Nebraska, on January 11, 2017. | The Washington Post/Getty Images The lawsuit will be a test of whether you can sue a major news outlet for spreading conspiracy theories. But even more so, Seth Rich’s family is trying to finally get the space to mourn Seth’s passing. The Riches aren’t just trying to stop the conspiracy theories about their family — they’re trying to prevent conspiracy theories from taking root in the first place, ever again. And by challenging the very process by which their son’s life became material for conspiracy theorists and bad-faith actors, they might be able to get some peace. “On a daily basis, Joel and Mary feel that they are being attacked from all sides” Joel and Mary Rich filed a lawsuit in New York state last week accusing Fox News, Fox reporter Malia Zimmerman, and Fox News pundit Ed Butowsky of manipulating them and working with a private investigator they had hired to find their son’s killer, going so far as to meet with then-White House press secretary Sean Spicer — all to weave together a story of how Seth Rich leaked DNC emails to Julian Assange at WikiLeaks, and was murdered for it. The lawsuit is demanding a jury trial, charging that by lying to the Riches and publishing a fake story about their son, the defendants — which include Fox News and reporters working for Fox News — intentionally inflicted emotional distress on Joel and Mary Rich. Their lawsuit is detailed — and shows not just how much the Seth Rich conspiracy theories deeply wounded the grieving couple, but also how Fox News-affiliated figures targeted the Rich family for their own professional and personal gain. “On a daily basis,” the lawsuit alleges, “Joel and Mary feel that they are being attacked from all sides,” with both parents struggling with post-traumatic stress disorder and social anxiety as a result of the intense harassment and scrutiny they’ve suffered. The lawyers I spoke to told me that emotional distress claims are incredibly difficult to prove in court, particularly in New York state. But the Riches’ story isn’t just about conspiracy theorists — it’s about a conspiracy of Fox News contributors who concocted a lie while purporting to be trying to find Seth’s killer. The lawsuit alleges a conspiracy to create “fake news” Twelve days after Seth Rich’s murder, WikiLeaks published more than 44,000 emails from the Democratic National Committee, adding to a political firestorm that some say divided Democrats and helped swing the election to Donald Trump. While US intelligence found that the emails had been obtained through computer hacking (most likely by Russian intelligence), conspiracy theorists — and WikiLeaks founder Julian Assange himself — pointed the finger at Seth. The theory went like this: It alleged that Seth, who worked at the DNC as the director of voter expansion data, was a supporter of Sen. Bernie Sanders’s presidential candidacy and that he released the emails once Sanders lost the nomination, and was murdered for doing so. The Rich family tried to push back on this conspiracy theory at the time, saying that those “attempting to politicize this horrible tragedy” were “causing more harm than good” and asking for space to mourn. That’s when, according to the lawsuit, Fox News political commentator Ed Butowsky got involved. Using connections from the Riches’ Jewish community (in one email, the subject line read in part, “We met through Jeremy from your temple”), Butowsky got in touch with Joel and Mary, who told him that there was no way Seth had given any DNC emails to WikiLeaks. In a statement to Vox, Fox News said Butowsky was never an FNC contributor. Around that same time, Malia Zimmerman, a Fox News investigative reporter (with a controversial past, including a personal relationship with a Republican senator she reported on favorably and a story about the Pulse nightclub shooting that implicated an innocent man) contacted the Riches, saying that she wanted to get any information directly from Joel Rich or members of law enforcement “to ensure its accuracy.” Despite Butowsky’s repeated questions about payments from WikiLeaks (which didn’t exist), Joel and Mary repeatedly told both Zimmerman and Butowsky that the conspiracy theories about their son were “baseless,” and provided Zimmerman with information about Seth’s life for stories she said she was writing. In February 2017, Zimmerman and Butowsky met with a retired DC detective, Rod Wheeler, also a Fox News contributor. His job: to “prove” that Seth Rich had given the DNC emails to WikiLeaks, information they wanted to use in stories to be published by Fox News — which Seth’s parents didn’t know when Butowsky contacted them and said that he would pay Wheeler to work on their behalf to find Seth’s killer. According to Wheeler, Butowsky even told him that when speaking with the Riches, he should “make sure to play down Fox News, don’t mention that you know [Zimmerman].” For months, the lawsuit against Fox News, Butowsky and Zimmerman alleges, Butowsky lied to Joel and Mary Rich, telling them that he would help stop the conspiracy theories already swirling about their son and saying in phone calls, “I know what you’ve been through.” Butowsky was so trusted by the Rich family that Joel even invited Butowsky to a fundraising concert for a Jewish summer camp scholarship fund established by the Riches to celebrate their son’s memory. But Butowsky, Zimmerman, and Wheeler were instead planning a story that would blame Seth Rich’s murder on the WikiLeaks DNC emails. Wheeler and Butowsky even met with then-White House Press Secretary Sean Spicer to keep the White House in the loop on the sham story, which supporters of President Trump believed would help end the Russia investigation and protect Trump. (Spicer has since admitted to the meeting.) And the Riches had no idea — until May 15, 2017. That’s when they got a call from Zimmerman, asking them to comment on the “fact” that Zimmerman had “been in communication with a federal agent who had reviewed an FBI report completed last July that showed Seth had been in communication with [WikiLeaks] and ... had in fact transferred emails from the DNC to Wikileaks.” A day later, following publication by the DC Fox affiliate, Fox News published an article written by Zimmerman, “Slain DNC Staffer Had Contact with WikiLeaks, Say Multiple Sources.” A second article that same day would say that Wheeler was the source of the claims. Wheeler stated later that he received text messages that day from Butowsky telling him what to say in media interviews: • “If you can, try to highlight this puts the Russian hacking story to rest” • “We need to emphasize the FBI has a report that has been suppressed that shows that Seth rich [sic] did this...” But none of this was true.
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