Patrick Tuite Settles Lawsuit Over Double Deal

The Reader received the other day a nearly blank sheet of paper passing itself off as a press release. At the top of the sheet PRESS RELEASE had been typed, and beneath that heading this message:

"The case of Tuite vs. harper Collins, Michael Corbitt and Sam Giancana has been resolved. All terms of the settlement are confidential. The reference to Patrick Tuite was removed from the paperback edition of the book Double Deal prior to its publication in 2003."

There was a cover letter, equally terse.

"Dear Sir or Madam: In that your publication previously reported on the litigation for defamation brought by Patrick Tuite, the enclosed Press Release may be of interest to your readers. The release is self-explanatory and no additional information is available."

It was signed by Paul M. Levy of the Loop law firm Deutsch, Levy & Engel.

The press release was self-explanatory in the sense that it said why it said nothing. Because the terms are confidential, that's why. I called Levy and, chancing an immediate hang-up, asked who he was. He said he represented Tuite. Why are the terms confidential? I asked. He did not have to answer such a prying question, but he did.

"By agreement of the parties," he said. "We felt it was an appropriate element of the settlement."

The Tuite suit was major litigation. I wrote about it frequently for the Reader, and at some length. Tuite is a prominent criminal defense attorney who believed he was slandered in Double Deal, a 2003 book written by a mobbed-up ex-cop, now dead, and by the godson of the former Chicago mob godfather. In the book, Corbitt, the cop, told a story about making a run out to Salt Lake City to pick up $1 million stuffed into a couple of duffel bags. Corbitt said he understood the money was needed to hire a "big-shot lawyer" — Tuite — to defend mob boss Joey Aiuppa against federal charges.

"After Tuite was on the case, all the guys were sort of semijubilant. Everybody figured Tuite had it all handled..." Corbitt wrote. "So you can imagine their reaction when they were all found guilty the following January...

"And what about Tuite? What kind of explanation could he possibly have given for this result? I can't think of one that would've satisfied me--not after advancing him a million bucks for his legal fees. And I guess that's why, for the life of me, I've never understood why Pat Tuite didn't get whacked. Go figure."

The theory Tuite advanced in his lawsuit for why he didn't get whacked was that there was no million dollars and he didn't even represent Aiuppa. His suit failed at the circuit court and appellate levels on the grounds that Illinois' "innocent construction rule" required the courts to measure arguably slanderous language by its most benign interpretation, which in this case was simply that the mob thought Tuite was one crackerjack attorney. Tuite appealed to the Illinois Supreme Court. He went beyond arguing that the lower courts had misapplied the innocent construction rule. He called the rule an "anachronism" and asked the supreme court to abolish it.

First Amendment attorneys leaped to the rule's defense. The Reader, the Tribune, the Sun-Times, ABC, CBS, WLS, Crain Communications, the Copley Press, the Illinois Broadcasters Association, and Simon & Schuster joined in an amicus brief that called Tuite's request "profoundly ill-advised." The brief argued that the innocent construction rule "preserves writers, publishers and broadcasters from the chilling effect of having to mount a lengthy and expensive defense of marginal and abusive cases." If, occasionally, it's misapplied, "that...does not mean you throw it out; that is what appellate review is for."

I first wrote about Tuite's suit in 2006, when Tuite took his suit to the supreme court. A few months later I examined what was to me the tortured logic by which that court both ruled for Tuite but managed to keep the innocent construction rule alive. When defense attorneys asked the court for a rehearing, I wrote about the Tuite suit a third time. And that was that. A rehearing wasn't granted and Tuite's suit returned to circuit court for trial. But in the end — I was able to find this out — the two sides agreed to let a mediator work out terms everyone could live with.

Those are the terms that are none of our business.

The note from Levy wasn't quite as succinct or dramatic a message as a dead fish dropped on your doorstep. But it came close. The message: It's over; Fuhgeddaboutit!

Which I'm afraid I and the various parties to the amicus brief had begun to do as soon as the innocent construction rule was saved. It was unpleasant of Levy to tell us so little. But it was nice of him to remember that we once cared.

Thanks to Michael Miner

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Chicago's Bloody Gang War of the 1920's

On this day in 1924, Dion O'Banion, the Irish-American leader of North Side Gang is assassinated in his flower shop by members of Johnny Torrio's gang, sparking the bloody gang war of the 1920s in Chicago.

O'Banion, who had a thriving bootlegging and floral business, was the main rival of the Chicago outfit, led by Torrio and his henchman, Al Capone.

When O'Banion learned there was going to be a raid on his brewery, he offered to retire to Colorado if Torrio bought out the business. Torrio wound up in jail and O'Banion kept the $500,000 for the padlocked brewery.

O'Banion was in his floral shop fixing flowers when three gangsters came in. When O'Banion reached out with a handshake, one of the men held it in a death gripe, while the other two shot O'Banion twice each in the chest, cheeks and throat.

The O'Banion killing sparked a five-year war that culminated in the killing of seven North Side gang members in the St. Valentine's Day Massacre in 1929.

Thanks to Scott McCabe

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2009 Chicagoland Antique, Slot Machine & Jukebox Show

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Chicago Gangster Arrested in Wisconsin

Robert D. Grant, Special Agent-in-Charge of the Chicago office of the Federal Bureau of Investigation (FBI) announced the arrest of DANIEL BONILLA, age 26, whose last known address was 2544 North Harding in Chicago. BONILLA was arrested on November 2, 2009, by members of the Milwaukee U.S. Marshal’s Fugitive Task Force in Fond du Lac, Wisconsin. BONILLA had been the subject of a nationwide manhunt, coordinated by the Chicago FBI’s Joint Task Force on Gangs (JTFG) since October of 2008, when he was charged in a criminal complaint filed in U.S. District Court in Chicago with violation of Federal drug laws.

BONILLA, an alleged member of the Spanish Cobras street gang, was among 30 gang members and associates charged last year as the result of an investigation, codenamed “Operation Snake Charmer”. His arrest earlier this week was the result of an anonymous tip to the Chicago Office of the FBI. The tipster indicated that he/she had seen BONILLA’s wanted flyer on the internet and knew of his whereabouts in Fond du Lac, Wisconsin. He was arrested without incident.

BONILLA was transported back to Chicago, where he appeared in U.S. District Court to face charges. He is being held without bond until his next scheduled court appearance.

The Milwaukee U.S. Marshal’s Fugitive Task Force is comprised of Special Agents from the FBI; U.S. Marshals; Officers of the Milwaukee Police Department; and Deputies from the Milwaukee and Waukesha County Sheriff’s Departments.

The public is reminded that a criminal complaint is not evidence of guilt and that all defendants in a criminal case are presumed innocent until proven guilty in a court of law

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Muslim Mafia Authors Barred From Publishing Documents

A federal judge yesterday granted a request by the Council on American-Islamic Relations to block the authors of Muslim Mafia: Inside the Secret Underworld that's Conspiring to Islamize America from publishing any of the documents taken by Chris Gaubatz while he was posing as an intern during a "counterintelligence operation" for the book.

Separately, Muslim Mafia author Dave Gaubatz and his son Chris are now being represented by the lawyer who represented shock jock Michael Savage in his 2007 copyright infringement suit against CAIR. We'll have more on this soon.

Besides barring publication of the docs, U.S. District Judge Colleen Kollar-Kotelly ordered in her opinion yesterday that the authors return to CAIR any of the files that contain donor, attorney-client, or confidential employee information. She ruled CAIR is likely to succeed in its claim that Gaubatz violated the confidentiality agreement that CAIR alleges he signed when he became an intern at the group's Washington office.

"This is the first step," CAIR spokesman Ibrahim Hooper tells TPMmuckraker. "This is going to be a long legal battle and we won the first skirmish." He adds that CAIR has not yet received the documents, and that it is mulling further legal action on issues including defamation.

Kollar-Kotelly writes in her opinion:

The Court shall therefore GRANT CAIR's request for a temporary restraining order enjoining Defendants from making any use, disclosure or publication of any (a) document (including emails and other electronic documents) or copy thereof obtained by Defendant Chris Gaubatz from CAIR's offices or facilities, or (b) recording (or copy thereof), whether audio or video, of meetings or of conversations involving CAIR officials or employees.

Of course Muslim Mafia, published last month by WorldNetDaily, makes use of those documents and sparked a request by four House Republicans for an investigation into alleged Muslim intern spying on Capitol Hill. And it's worth noting that at least a few of the documents are already in wide circulation, including a CAIR "strategy" memo released by the members of Congress.

Kollar-Kotelly also writes in her ruling that the information she has seen suggests Gaubatz took information from CAIR -- including, they say, 12,000 pages of internal files -- unlawfully:

[T]he record now before the Court supports a finding that Defendants have unlawfully obtained access to, and have already caused repeated public disclosure of, material containing CAIR's proprietary, confidential and privileged information. Although Defendants have not yet appeared before the Court in person, CAIR has provided sworn declarations detailing apparent admissions made by Defendant Paul David Gaubatz in his book, Muslim Mafia, in which he admits that his son, Defendant Chris Gaubatz, obtained an internship with CAIR under the "nom de guerre" of "David Marshall," and "routinely load[ed] the trunk of his car with boxes of sensitive [CAIR] documents and deliver[ed] them into the custody of investigative project P. David Gaubatz who in turn stockpiled them at his office in Richmond, Virginia."

Gaubatz told WND that research for the book "was conducted professionally and legally."

Thanks to Justin Elliot

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