October 3, 2012 in City

Republican Jacobson pursues lawsuit against online commenter

By The Spokesman-Review
 

A Republican Party official in Kootenai County is pressing ahead with her defamation suit against a woman who posted online comments about missing GOP funds.

Tina Jacobson, a Rathdrum resident and the former chairwoman of the Kootenai County Republican Party, has named Linda Cook in her suit over comments Cook made anonymously on The Spokesman-Review’s Huckleberries Online blog.

In an amended filing Monday, Jacobson’s lawyer alleges that Cook also is in breach of contract for refusing to abide by an agreement to settle the claims against her. That agreement included a public apology and a donation of an undisclosed sum to a charity, according to the complaint prepared by Coeur d’Alene attorney Matthew Andersen.

The suit does not name The Spokesman-Review or blog administrator Dave Oliveria, but it does allege that Oliveria conspired to obstruct the identification of Cook as author of the blog comments, leading Jacobson to pursue legal action to get the name.

Jacobson claims she was “offended and embarrassed” by Cook’s blog comments, which asked if $10,000 allegedly missing from the Kootenai County GOP coffers were “stuffed inside Tina’s blouse.”

Jacobson is seeking a judgment of at least $10,000.

Cook, who’s active in Kootenai County politics and was an aide to the late Idaho congresswoman Helen Chenoweth-Hage, declined Tuesday to go into detail about claims in the suit and said she does not have an attorney.

“In the proper setting, which is now the court, I am more than prepared to vigorously defend myself,” she said. Regarding the breach of contract claim, Cook added, “That is going to be a matter of strenuous contention.”

Cook previously said her comments on the blog were based on information she’d heard from a party board member. “At the time that I said it, I was convinced that it was not false, and it certainly wasn’t said with malice,” she said when she revealed her identity.

Andersen was unavailable to comment, his office said.

Spokesman-Review Editor Gary Graham said of the filing, “Tina Jacobson’s amended complaint accuses Dave Oliveria of ‘conspiring to obstruct Ms. Cook’s identification.’ We consider Oliveria’s action in this instance a very appropriate attempt to protect the anonymity available to commenters on his blog.”

Using the name “almostinnocentbystander,” Cook posted comments Feb. 14 about the alleged missing money and Jacobson’s role in the party leadership. She revealed her identity in July after a judge ordered The Spokesman-Review to disclose who had posted the comments on the blog.

Jacobson argues that Cook’s statements on the blog impeached her honesty, integrity and reputation, and therefore are libelous. The suit further contends that Oliveria acknowledged the statements were libelous when he removed them from the blog, explaining they amounted to “an unsubstantiated accusation made against a local Republican official.”

A follow-up post by Oliveria a few days later reinforced the false nature of Cook’s statement, the suit alleges, when he stated he had been in contact with “almostinnocentbystander” and the commenter acknowledged the statement was baseless, derogatory and unsubstantiated.

The suit also contends that Oliveria coached Cook on how she should conduct herself in the face of the alleged defamation, including not making known his email exchanges with her.

Without identifying a defendant by name, Jacobson sued in April and subpoenaed The Spokesman-Review to reveal information that could be used to identify “almostinnocentbystander.” Kootenai County 1st District Judge John Patrick Luster ordered the newspaper on July 10 to reveal the information as well as any correspondence between the commenter and the newspaper.


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