November 3, 2016

VIA ELECTRONIC MAIL & UPS OVERNIGHT

Scott Garrett for Congress
Post Office Box 905
Newton, New Jersey 07860
Re:

Cease and Desist Publication of False and Defamatory Advertisement

Dear Mr. Garrett:

We write on behalf of Josh Gottheimer and Josh Gottheimer for Congress, regarding a
false and defamatory television advertisement, paid for and authorized by you and Garrett for
Congress, Inc. (collectively Your or Garrett), and publicized widely. The advertisement has
false and per se defamatory statements that Mr. Gottheimer assaulted and violated a woman,
leaving her scared and vulnerable (the Advertisement).
The highly offensive statements regarding Mr. Gottheimer in the Advertisement are
absolutely false. Impugning Mr. Gottheimers reputation by claiming that he has physically
assaulted a woman is unconscionable, vile and reminiscent of other anti-woman statements that
Garrett has made in the past. Notwithstanding the offensiveness of Your statements, and as you
are no doubt aware, falsely accusing another of committing a crime constitutes defamation per se
under New Jersey law. For acts of defamation per se, the law allows for the imposition of
presumed, compensatory, punitive and/or other damages. In addition, false accusations in this
context do not constitute a candidate use triggering the requirement that all false, misleading or
deceptive materials in the Advertisement, such as those in issue here, be eliminated.
There can be no doubt that You knew or should have known that your statements in the
Advertisement were false, and were as noted by commentators born of desperation. But
desperation does not justify spreading lies in an attempt to salvage an election, and the law of the
State of New Jersey recognizes that such scurrilous and purposeful acts constitute actual malice
meaning that the false statements were made with knowledge of their actual falsity or a reckless
disregard for their falsity.
As you are no doubt aware, the falsity of the Advertisement has been described as
weasel politics and going straight to the gutter. The New York Times noted that the
statements were made with actual malice because the court papers and interviews with the two
lawyers involved in the case tell a different story. Indeed, the Editorial Board of The Bergen

Scott Garrett for Congress

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Record went even further, stating that even in the womans lawsuit, she did not say Gottheimer
ever touched her, concluding that The Garrett ad seems to ignore this basic fact. Even the
Editorial Board of the Star Ledger unequivocally stated that [you] will undoubtedly resort to
more lies in this campaign, [i]n other words, business as usual.
Business as usual is not acceptable for Mr. Gottheimer, nor is using false statements
about physical violence to sway voters. While Mr. Gottheimer is not surprised that Your
statements in the Advertisement lack any relationship with truth, your repeated attempts to
publish this false information about the most serious challenger you have ever faced, and the
damaging conclusions the public may make based on the false statements in the Advertisement
are actionable and warrant immediate removal from the air. Should the Advertisement not be
removed, then we will pursue all remedies available including, but not limited to, filing suit for
defamation and violations of the applicable sections of Federal and State election laws and
regulations.
Be guided accordingly.
Very truly yours,
GENOVA BURNS LLC

pgr.D.pt
RAJIV D. PARIKH

c:

Josh Gottheimer for Congress