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Rep. Tony Goolsby and Kenn George Charged in Libel Suit

Lone Star Project supported legal claim details lies and defamation in GOP vote suppression scheme
A 2006 cynical smear campaign and voter suppression scheme orchestrated by Republican State House Representative Tony Goolsby (HD102, Dallas), along with Dallas County Republican Party Chair Kenn George and a Dallas GOP consultant, may have backfired. Monday, former challenger Harriet Miller, with support from the Lone Star Project, filed a lawsuit in the 192nd State District Court showing that their attack “constitutes slander” and was committed with “actual malice.”

The Goolsby/George scheme entailed the blatant misrepresentation of election returns in order to file a false voter fraud complaint against Goolsby’s Democratic challenger, Harriet Miller, with the Dallas County District Attorney. The false complaint was then used as a political prop to libel and attack Ms. Miller, while also suppressing African American voter turnout in House District 102. The Lone Star Project detailed the scheme in a special report last year.

Now, Harriet Miller is fighting back. The Lone Star Project is assisting by providing both research and help with legal funding. Here are the facts:

Case Number

07-1226

Court

192 District Court, Dallas, Texas

Presiding Judge

Honorable Craig Smith

Plaintiff

Harriet Miller

Defendants

Tony Goolsby
GOP State Rep (HD 102)

Kenn S. George
Republican Party Chair, Dallas County 

Also Named:

Dallas County Republican Party

Allyn and Company

Charges

  • Defendants “…knowingly and intentionally falsely accused Plaintiff Harriet Miller of being involved in voter fraud activities, and published said false accusations to others.” (Plaintiffs Original Petition, October 15, 2007)
  • “This defamation … constitutes slander and libel per se since it was committed with actual malice.” (Plaintiffs Original Petition, October 15, 2007)

What Constitutes Libel in Texas?

73.001. ELEMENTS OF LIBEL. A libel is a defamation expressed in written or other graphic form that tends… to injure a living person’s reputation and thereby expose the person to public hatred, contempt or ridicule, or financial injury or to impeach any person’s honesty, integrity, virtue, or reputation…Read the Statute Here

Background and Supporting Facts

Tony Goolsby Scared and on the Ropes

In the fall of 2006, Dallas County Republicans were on the defensive with Democrats poised to make historic gains. Republican incumbent State Representative Tony Goolsby was in a hotly contested race against Harriet Miller for election to Texas House District 102. Miller had narrowly lost to Goolsby in 2004 and was running strong again. Goolsby was facing criticism based on the disclosure that he had used campaign funds to purchase furniture, gifts and other items at a discount from the Texas prison system saying, “We’re all born the same way, but we’re not equal.” (Source: The Houston Chronicle, February 9, 2006)

Kenn George Lies to Dallas DA

Dallas County Republican Party Chair Kenn George, in obvious orchestration with Goolsby and his political consultant, sent a formal letter of complaint to the Dallas County District Attorney on October 23, 2006, falsely accusing Harriet Miller of voter fraud during the 2004 election. George’s claim was based on the bogus charge that Miller received a disproportionate number of votes from the heavily African American precincts in House District 102. The claim was false on its face. In fact, in his complaint, Kenn George switched the party affiliation of the Independent congressional candidate, Paul Jenkins to “Democrat” in a transparent effort to make it appear that Harriet Miller had received more votes than another Democrat on the ballot. The party affiliation of every candidate is plainly labeled and visible to anyone viewing County or State election returns, or doing a simple Google search. Clearly, Kenn George deliberately provided false information to the Dallas District Attorney, and even when confronted with the facts, George did not withdraw his complaint.

Lying to the Press

On the same day that George filed his false complaint with the District Attorney, he also worked the local press for coverage. Local reporter Sara Dodd with CBS affiliate Channel 11 ran a televised report that night. This media coverage provided Tony Goolsby the props he needed to produce mail falsely attacking Harriet Miller.

See mail here

Goolsby Attack Mail Ready to Go

It became apparent that Tony Goolsby and his political consultants were aware of Kenn George’s actions and intentions when professionally produced attack mail was received by voters throughout District 102 almost immediately after the false charge was leveled. The charge was made on October 23, 2006. Election Day was November 2, 2006. High volume professionally designed campaign mail cannot be designed, printed sorted and delivered on such short notice. Clearly, the Goolsby attack mail was already in the pipeline.

See mail here

False Charge Used to Intimidate and Suppress Minority Voters

Perhaps most outrageous, mail was sent to African American voters in District 102 that was designed to both intimidate and suppress voter turnout. The professional mailings were similar in size and design with other mail sent out by the Goolsby campaign. These mailings, however, in violation of State campaign laws, did not include any disclaimer or acknowledgement of who paid for them in clear violation of state law.

It’s never surprising when a Republican, faced with a competitive race, resorts to outrageous and untrue attacks against their Democratic opponent. Also, unfortunately, it is not unusual when Republican candidates running in districts with a significant minority voter population use vote suppression tactics to gain an advantage. Tony Goolsby and Dallas Republicans, however, moved dirty campaigning to a new level in 2006 when they not only filed a false legal complaint against Harriett Miller but then used the complaint as a prop to illegally attack and defame her.  They also used false information to intimidate and suppress African American voters. Rather than just let it pass, Harriet Miller has shown the courage to fight back and hold Tony Goolsby, his consultants and Dallas Republicans accountable for their improper actions.

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