The hottest read this side of Reidsville
That’s right. We’re talking about the legal complaint filed by attorneys representing former Rockingham County commissioner Craig Travis which names, as defendants, Kevin “Son of Phil” Berger and a number of other people and elements that can be tied to the Phil Berger political machine.
We reported earlier about some of the details. Now, we have – for your summertime reading pleasure – the complete legal filing:
[…] This case arises from conduct that has become all too common in modern American politics. Candidates for public office and the political organizations supporting them have, instead of campaigning on issues important to their constituents, elected to malign an opponent with false, repetitive, attention-grabbing ads calculated to create an unfavorable (and untrue) impression to influence the outcome of an election. While freedom of speech is a fundamental right essential to public discourse and individual autonomy, the First Amendment does not provide an impenetrable shield for those who make false statements for the purpose of subverting a democratic process. As the Supreme Court of the United States recognized 60 years ago:
At the time the First Amendment was adopted, as today, there were those unscrupulous enough and skillful enough to use the deliberate or reckless falsehood as an effective political tool to unseat the public servant or even topple an administration. That speech is used as a tool for political ends does not automatically bring it under the protective mantle of the Constitution. For the use of the known lie as a tool is at once at odds with the premises of democratic government and with the orderly manner in which economic, social, or political change is to be effected.
Garrison v. Louisiana, 379 U.S. 64, 75, 85 S. Ct. 209, 216 (1964) (internal citation omitted).
In this case, the reelection of three incumbent members of the Rockingham County Board of Commissioners was in jeopardy because of their support for an unpopular effort to bring a commercial casino to the county. The statewide effort was spearheaded by the father of one of the Commissioners, who is the President Pro Tempore of the North Carolina Senate.
When the plaintiff campaigned on his opposition to the pro-casino measures supported by the incumbent Commissioners and opposed by the majority of residents of Rockingham County, the defendant Commissioners sought to discredit him by publishing defamatory statements to voters in the 2024 Republican primary election. This unlawful course of action was financially supported by a Virginia-based dark money1 organization, which through local conduits, spent tens of thousands of dollars to oppose the plaintiff’s campaign for a seat on the Board of Commissioners. [.;..]
For those of you who may not follow Rockingham County or Jones Street politics all that closely, the filing offers a helpful profile of each of the key players in this case:
[…]
- Plaintiff T. Craig Travis (“Mr. Travis”) is a citizen and resident of Rockingham County, North Carolina. Mr. Travis served on the Rockingham County Board of Commissioners (“Board of Commissioners”) from January 2011 through December 2022. He was a candidate for the Board of Commissioners in the 2024 Republican primary election.
- Defendant Diane P. Parnell (“Defendant GOP Chair Parnell”) is a citizen and resident of Rockingham County, North Carolina. Defendant GOP Chair Parnell is, and at all times relevant to the allegations of the complaint was, the chairman of the Rockingham County Republican Party. Defendant GOP Chair Parnell has been the chair of the Rockingham County Republican Party since September 2015.
- Defendant P. Kevin Berger (“Defendant Berger”), Defendant Donald T. Powell (“Defendant Powell”), and Defendant Mark F. Richardson (“Defendant Richardson”) are citizens and residents of Rockingham County, North Carolina. Defendant Berger, Defendant Powell, and Defendant Richardson were Plaintiff’s opponents in the Republican primary race for the three Board of Commissioners seats up for election in 2024.
- Defendant North Carolina Conservatives Fund (also known as Eastern Carolina Conservatives Fund, Eastern Carolina Conservative Fund, North Carolina Conservative Fund, and NC Conservatives Fund) (“Defendant NCCF”) is a domestic non-profit corporation incorporated under the laws of North Carolina on April 9, 2024. The principal place of business of Defendant NCCF is in Wake County, North Carolina. Royce E. Everette, Jr., who is the president and director of Defendant NCCF, filed articles of amendment with the North Carolina Secretary of State on February 16, 2024, to change the name of Defendant NCCF from Eastern Carolina Conservative Fund to North Carolina Conservatives Fund. Defendant NCCF is a tax-exempt political organization under 26 U.S.C. § 527 in that it functions to influence, or attempt to influence, the selection, nomination, election, and appointment of individuals to federal, state, and local public offices.
- Defendant Atlas Political Consulting, LLC (“Defendant APC”) is a domestic limited liability company organized under the laws of North Carolina on December 11, 2019. The principal place of business of Defendant APC is in Wake County, North Carolina.
- Defendant GOPAC, Inc. (“Defendant GOPAC”) is a foreign non-profit corporation incorporated under the laws of the Commonwealth of Virginia. Like Defendant NCCF, Defendant GOPAC is a tax-exempt political organization under 26 U.S.C. § 527 in that it functions to influence, or attempt to influence, the selection, nomination, election, and appointment of individuals to federal, state, and local public offices. Based on information filed with the North Carolina Board of Elections, Defendant GOPAC is currently the primary source of funding for Defendant NCCF […]
The filing provides a pretty detailed version of alleged events surrounding the 2024 primary in Rockingham County and the Great Casino debate.
According to the filing, Travis and his attorneys appear to be alleging the following offenses against the defendants:
- Libel per se
- Libel per quod
- Slander
- Civil conspiracy
The filing appears to indicate Travis and his team are seeking a minimum of $25,000 for each bullet point above to be assessed against each defendant individually AND as a group. (Remember, the attorney representing Travis IS the same lady who repped current state Senate candidate Scott Lassiter in his complaint against House speaker Tim Moore.)
Some of our readers who are much closer followers of state politics may remember some other examples of Republican candidates in past elections being bombarded by acolytes of Raleigh Republican “leaders” in a manner similar to what Travis’s complaint describes.
Former Whispering Pines mayor Michelle Lexo‘s 2018 primary challenge to redistricted incumbent senator Tom McInnis (R) may come to many a Moore County mind.
Others, like the folks in Cabarrus County, may remember some dirty tricks from Raleigh Republicans against conservative state House candidate Brian Echevarria in the 2022 GOP primary to replace the retiring Larry Pittman. The false info “leaked” into the GOP primary got used against Echevarria in the general and helped turn the longtime GOP-held District 73 House seat into a Democrat pickup.
The GOP establishment in Raleigh seems to have come to the conclusion that they — not us — get to choose who “represents” us in the General Assembly and in Congress. So far, we’ve been allowing them to get away with it.
Perhaps, Travis’s filing — and the efforts of any rumored future complaint filers — will help tame the political beast in Raleigh and return power back to the people.
It was quite disgraceful the way the incumbent candidates used tens of thousands of dollars — unprecedented amounts of money for a local campaign — from outside the county and, I am told, even outside the state, in a torrent of mailings to trash and distort Craig Travis’ previous record as a commissioner. Even so, he came within a handful of votes of defeating Kevin Berger. Another incumbent, Don Powell, was unseated by another challenger in the race. It is really distressing that some GOP officials have become as entitled and as smug as the very Democrats we all are supposed to be fighting. For the record, I donated to Travis’ campaign, because I felt the incumbents were ignoring the people they represent, especially over the casino issue.
These people are so crooked.
That lady attorney who files these things is a smoke show.
And Tim Moore is innocent. And fat.
Tim Moore sponsored a bill that would make going to Sullivan’s steakhouse for Netflix and chill legal but it was killed in committee when Jason “everything is a campaign expense” Saine and Ben “dumb as rocks” Moss figured out it was not drafted to protect slots.
We need not forget the dark rabbit hole they were digging for Joseph Gibson wasting valuable time in the previous 2 years as they tried to play nice only behind ones back spearheading a campaign to plaster false information and spin a story of someone serving his community to combat crime and the drug problems only to be posing as a drug dealer undercover to have the rug yanked right out from his feet with a dirty caucus leader Wilely in collusion with Dianne Parnell running secret brown shirt like propaganda, valuable time and energy that should have been spent on serving the people of our community not secretly watching the people of our community like the Gestopo or KGB Yes a Libel Slander lawsuit is soon to come along with information that may prove certain GOP Rhinos to look like complete fools ! Truth sometimes will make lies look like foolish fake news and there is much truth that may come out that will shock the residents of our community. The Media will need to work hard to spin this stuff???? God Bless our Republic!