drudge.com
Tuesday December 30, 5:44 pm ET
By Dena Potter, Associated Press Writer

Washington lobbyist sues The New York Times over article linking her
with McCain

RICHMOND, Va. (AP) -- A Washington lobbyist sued The New York Times
for $27 million Tuesday over an article that she says gave the false
impression she had an affair with Sen. John McCain in 1999.
The newspaper stood by the story.

Vicki L. Iseman filed the defamation suit in U.S. District Court in
Richmond. It also names as defendants the Times' executive editor, its
Washington bureau chief and four reporters.

Iseman represented telecommunications companies before the Senate
Commerce Committee, which McCain chaired. In February, as McCain was
seeking the Republican presidential nomination, the Times reported
that McCain aides once worried the relationship between Iseman and
McCain had turned romantic.

The article said that both McCain and Iseman denied any romantic
relationship, but the lawsuit says most readers would find that
obligatory.

"That The New York Times would make such aggressive and sensational
allegations and insinuations in the face of on-the-record denials by
Ms. Iseman and Senator McCain only reinforced the message to readers
that The New York Times in fact believed that Ms. Iseman and Senator
McCain had indeed engaged in an `inappropriate relationship,' a
relationship that was romantic, unethical, and a conflict of
interest," the lawsuit says. "Otherwise, reasonable readers would
conclude, The New York Times would never have printed the story at
all."

The Times maintained its defense of the story in a statement Tuesday.

"We fully stand behind the article. We continue to believe it to be
true and accurate, and that we will prevail," the statement said. "As
we said at the time, it was an important piece that raised questions
about a presidential contender and the perception that he had been
engaged in conflicts of interest."

Richmond lawyer W. Coleman Allen Jr., who represents Iseman, said she
waited until after the presidential election to file the suit because
she didn't want it to become a distraction.

The lawsuit claims that other media outlets were investigating
McCain's ties with Iseman and that the Times was so concerned about
being scooped that it printed a story "to pack the maximum sensational
impact with the minimum factual support." The lawsuit contends she
suffered an "avalanche of scorn, derision, and ridicule" that damaged
her health.

The lawsuit cites accounts from other media, political pundits and the
Times' public editor, Clark Hoyt, that interpreted the article as
meaning that McCain and Iseman had an affair.

In what the lawsuit calls the most damaging passage, the article said
two former McCain associates had warned him that he was risking his
career, and that he "acknowledged behaving inappropriately" and
"pledged to keep his distance" from Iseman.

The story also pointed to a fundraiser that Iseman and McCain attended
in Miami in 1999, when they flew back to Washington along with a
campaign aide on the corporate jet of one of her clients.

"Ms. Iseman's relationship with Senator McCain was entirely
professional, ethical, and appropriate," the lawsuit states, adding
that it "was not different in kind from the cordial yet professional
relationship that hundreds of lobbyists have with hundreds of members
of Congress."

Keith Werhan, a constitutional law professor at Tulane University,
said key to Iseman's case will be how the court defines her -- as a
public figure or a private figure. Public figures have to meet a
higher standard of proof, and show malice by a news outlet.

Werhan also said the Times could be protected if it accurately quoted
McCain's former aides about their perceptions of his relationship with
Iseman.

"If all those statements are true, then it seems to me the Times is
not at fault for reporting that," Werhan said.

"It's essentially hard to win a defamation suit," Werhan added. "The
idea is the First Amendment has its thumb on the press' side of
scales."

Iseman's lawsuit was first reported by Virginia Lawyers Weekly.

Associated Press Writer Steve Szkotak contributed to this story.



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