John Kerry's former girlfriend, and current candidate for a Congress, Lee Whitnum, really, really wants to erase her 15 minutes of Internet fame. We did one story on her because in 2004 she was news (for a day) since she was John Kerry's ex-girlfriend and was "promoting" a novel based (you guessed it) on a Northeastern Senator's love life.
Lots of other sites, including Drudge, reported on Whitnum's Kerry scrapbook. Last year Whitnum tried to get Wizbang and MediaBistro to remove their 2004 stories. We both declined.
Now she's a Democratic candidate for Congress in Connecticut and the liberal bloggers covering the race have had a chance to get to know Whitnum. They're not impressed.
Last year Whitnum sued Yahoo for $125,000 in lost sales (ha!) for taking down her Hedge Fund Mistress site in the midst of a Drudge link and lost.
Last week I received the following poorly worded letter from her lawyer.
Clearly since she's wacky enough to sue Yahoo she probably wouldn't think twice about suing me...
She's got no case, and we've got a kick-ass lawyer so I'm not really worried...




Comments (16)
Someone needs to clue this ... (Below threshold)1. Posted by cirby | February 5, 2008 2:20 AM | Score: 0 (0 votes cast)
Someone needs to clue this "lawyer" in on the concept of "fair use," and then find out where they got their law degree so you can tell people not to go there...
1. Posted by cirby | February 5, 2008 2:20 AM |
Score: 0 (0 votes cast)
Posted on February 5, 2008 02:20
2. Posted by John Irving | February 5, 2008 4:03 AM | Score: 0 (0 votes cast)
If this is the lawyer, then she got her law degree 66 years ago, and is currently about 90 years old.
Makes the third-grade level writing in the letter even more amusing. Of course, it's always possible there are two Philomene A. Gates in New York City practicing law.
2. Posted by John Irving | February 5, 2008 4:03 AM |
Score: 0 (0 votes cast)
Posted on February 5, 2008 04:03
3. Posted by John Irving | February 5, 2008 4:18 AM | Score: 0 (0 votes cast)
After reading around some more, Ms. Whitnum may have committed a serious booboo. Maybe someone who gives a crap more than I might want to drop the real Philomene Gates an email inquiring about the letter. Seems a certain author/politician wannabe has used fictious attorneys before as well.
I don't think someone thought their cunning plan all the way through.
Anyway, I was bored, this caught my eye, and I played with Google and your links for about five minutes. The attorney, Philomene A. Gates, is apparently a writer, a longtime attorney, and a small donor to the 2004 Kerry campaign, which is possibly the only real link she has to your letter. Maybe I'm wrong, but that letter does not seem to have come from an active senior citizen attorney with writing experience.
3. Posted by John Irving | February 5, 2008 4:18 AM |
Score: 0 (0 votes cast)
Posted on February 5, 2008 04:18
4. Posted by Imhotep | February 5, 2008 8:20 AM | Score: 1 (1 votes cast)
I guess the "j" in "fromj" is silent?!
4. Posted by Imhotep | February 5, 2008 8:20 AM |
Score: 1 (1 votes cast)
Posted on February 5, 2008 08:20
5. Posted by DJ Drummond | February 5, 2008 9:03 AM | Score: 1 (1 votes cast)
This lawyer also cannot even tell the difference between reference and preference. She misuses "allegedly" in the context of the letter, and mis-spelled from by including a 'j'. She also fails to cite the specific date of the incident, merely saying it was "four years ago". Granted, we all make mistakes when we are just tossing off something in a hurry and of no importance, but a formal demand letter from an attorney should be a bit more, well, authorative, but as been noted, an attorney who does not understand copyright law even well enough to comprehend 'fair use', is likely a poor attorney in other respects as well.
5. Posted by DJ Drummond | February 5, 2008 9:03 AM |
Score: 1 (1 votes cast)
Posted on February 5, 2008 09:03
6. Posted by SarahConnor2 | February 5, 2008 9:43 AM | Score: 1 (1 votes cast)
My fourth grader can type a better letter. He knows how to put periods at the end of sentences, how to spell "from", and where the date goes in a letter. Just saying.
6. Posted by SarahConnor2 | February 5, 2008 9:43 AM |
Score: 1 (1 votes cast)
Posted on February 5, 2008 09:43
7. Posted by Falze | February 5, 2008 9:48 AM | Score: 1 (1 votes cast)
Is the "appropriate legal action" to go to law school and buy a dictionary and/or spell checker? You might want to go ahead and force them to take that action, Kevin.
7. Posted by Falze | February 5, 2008 9:48 AM |
Score: 1 (1 votes cast)
Posted on February 5, 2008 09:48
8. Posted by DJ Drummond | February 5, 2008 10:35 AM | Score: 0 (2 votes cast)
I'm also wondering ... it looks like they sent the letter via email.
Is an email address legally valid for confirmation of service? I don't think it is, since subpeonae and jury duty notices are not so delivered.
Could Kevin countersue for imposition of Stupidity? Surely so much professional incompetence in a single missive demonstrates the presence of a dangerous mind-imparing substance?
8. Posted by DJ Drummond | February 5, 2008 10:35 AM |
Score: 0 (2 votes cast)
Posted on February 5, 2008 10:35
9. Posted by SPQR | February 5, 2008 11:19 AM | Score: 0 (0 votes cast)
DJ, there is no formal process for the delivery of a letter. The statutory requirements for valid service don't arise until there is actual legal process to be delivered to initiate suit.
This is a pretty silly attempt. You'd think that she'd figure out by now that incoherent letters from faux attorneys won't work.
9. Posted by SPQR | February 5, 2008 11:19 AM |
Score: 0 (0 votes cast)
Posted on February 5, 2008 11:19
10. Posted by mantis | February 5, 2008 12:54 PM | Score: 0 (0 votes cast)
Hilarious. In a Google search of her name, the eighth entry is the first to not mention Kerry, and her campaign site is the tenth hit.
I can't wait to see Ron Coleman's response to the letter.
10. Posted by mantis | February 5, 2008 12:54 PM |
Score: 0 (0 votes cast)
Posted on February 5, 2008 12:54
11. Posted by LaMedusa | February 5, 2008 1:15 PM | Score: 0 (0 votes cast)
"I guess the "j" in "fromj" is silent?!"
LOL! The whole thing is silent!
11. Posted by LaMedusa | February 5, 2008 1:15 PM |
Score: 0 (0 votes cast)
Posted on February 5, 2008 13:15
12. Posted by David M | February 5, 2008 1:30 PM | Score: -1 (1 votes cast)
The Thunder Run has linked to this post in the - Web Reconnaissance for 02/05/2008 A short recon of what's out there that might draw your attention, updated throughout the day...so check back often.
12. Posted by David M | February 5, 2008 1:30 PM |
Score: -1 (1 votes cast)
Posted on February 5, 2008 13:30
13. Posted by Synova | February 5, 2008 2:48 PM | Score: 0 (0 votes cast)
"You'd think that she'd figure out by now that incoherent letters from faux attorneys won't work."
They might not work *here* but I think that, in fact, they frequently work very well indeed.
13. Posted by Synova | February 5, 2008 2:48 PM |
Score: 0 (0 votes cast)
Posted on February 5, 2008 14:48
14. Posted by wavemaker | February 5, 2008 7:26 PM | Score: 0 (0 votes cast)
Folks,
I know that the schadenfreude is nearly impossible to resist, but as the parent of one with a mental illness, I am compelled to ask that you recognize the obvious and perhaps show a little Christian mercy on this poor woman.
(That said, it is probably the only instance of sympathetic sentiment I would ever show to Kerry that he had the lack of discretion to bump into this situation. Can you say "eye-roller?")
14. Posted by wavemaker | February 5, 2008 7:26 PM |
Score: 0 (0 votes cast)
Posted on February 5, 2008 19:26
15. Posted by Mitchell | February 5, 2008 8:15 PM | Score: 0 (0 votes cast)
Philomene? WTF????
15. Posted by Mitchell | February 5, 2008 8:15 PM |
Score: 0 (0 votes cast)
Posted on February 5, 2008 20:15
16. Posted by 914 | February 19, 2008 10:43 AM | Score: 0 (0 votes cast)
"Philomene? WTF?"
Ivy league feminization.
16. Posted by 914 | February 19, 2008 10:43 AM |
Score: 0 (0 votes cast)
Posted on February 19, 2008 10:43