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The Book They Don't Want You to Read
Even before I finished writing America at Night, powerful forces
from Washington and elsewhere were at work attempting to block publication
of my book. They began with vague threats to my publisher's CEO,
David Shanks, then, once they had the attention of my publisher's
corporate counsel, Alex Gigante, and me, progressed through a classic
trajectory of cajolery and flattery (while they thought they might
get their way) followed by intimidation and more threats (when they
realized the cajolery and flattery weren't working).
In addition to Mr. Shanks, Mr. Gigante, and myself, the parties
to the correspondence relating to this matter were Robert M. Sensi,
Jerris Leonard, and Michelle A. Clark.
Mr. Sensi, who is one of the principal subjects of the book, is
a former CIA operative, and former Chairman of the Ambassador's
Club of Republicans Abroad, a division of the Republican National
Committee. He has twice served time in federal prison for embezzlement
and fraud.
Mr. Leonard, a prominent attorney who was appointed by President
Richard Nixon to serve as Assistant Attorney General for Civil Rights,
left the federal government during the Watergate crisis, entering
into private practice to represent both the Republican National
Committee and its Chairman George H.W. Bush. Mr. Leonard's job was
to insulate the RNC and Mr. Bush from Watergate, and he did this
well. Even though Mr. Bush was the RNC's Chairman throughout Watergate,
his personal reputation was not tainted by the Watergate scandal.
In the years after Watergate, Mr. Leonard served as a Republican
power broker, fixer, problem solver, and attorney for clients including
the first President Bush, several members of Congress, impeached
Arizona governor Evan Meacham, Richard Hirschfeld, and Robert Sensi.
Ms. Clark is an attorney who now represents Mr. Sensi.
During the course of my correspondence with Mr. Leonard, I asked
him and his client Mr. Sensi more than one hundred questions which
are included below, and which, as you can see below, for the most
part they declined to answer.
A complete record of the correspondence relating to this matter
(which was conducted entirely by e-mail) is reproduced below.
From: Jerris Leonard
To: David Shanks
Sent: 1/26/2006
Subject: Larry Kolb
Dear
Mr. Shanks:
Please be advised that my client, Robert Sensi, believe [sic] that
the publication, "America at Night" is factually erroneous
in a number of substantial ways and will be an actionable libel
against him should it be published. I would be pleased to discuss
this matter with your counsel if you would care to call me. Be advised
however that if the publication takes place and contains the libelous
matter that we believe it contains my client will most assuredly
consider litigation.
GOVERN YOURSELF ACCORDINGLY
From: Jerris Leonard
To: David Shanks
Sent: 2/13/2006
Subject: Larry Kolb
Dear Mr. Shanks:
Neither you nor your legal Department have shown the courtesy to
respond to my emal [sic] and letter outlined below, but I take this
opportunity to advise you of a few of the specifics of the libelous
statements my client Robert Sensi believes are published in the
book written by Mr. Kolb to be marketed by Penguin. These are taken
from the promotional material you have published:
Mr. Kolb alleges that Mr Sensi had an "affiliation" with
Al Qaeda. Mr Sensi denies that he has ever had an "affiliation"
of any kind with Al Qaeda. That is such a serious charge that I
would suggest that if it is not true, as Mr. Sensi denies such an
affiliation, that Penguin and Mr. Kolb expose yourselves to really
serious dollar damages.
Mr. Kolb alleges that Mr. Sensi and Richard Hirschfeld engaged in
bringing Mafia figures from Russis [sic] to the United States. Mr.
Sensi vigorously denies that allegation with respect to himself
and has no knowledge of what Mr. Hirschfeld did or did not do with
respect to this allegation.
Mr. Kolb alleges that he had Mr. Sensi arrested because of his Al
Qaeda connections. I personally know a lot of Mr. Sensi's history
as I have been his lawyer for a long time and I can state that such
a claim by Mr. Kolb is an absolute falsehood. Had Mr. Sensi been
arrested on such a charge I would have known about it. But in any
event, Mr. Sensi again denies the allegation.
Mr. Kolb further convolutes his thesis by claiming the Department
of Homeland Security knows nothing of Mr. Sensi's affiliation with
Al Qaeda while at the same time alleges he worked for the CIA. Such
contradictions raise serious questions as to Mr. Kolb's sources
and knowledge.
Please have you [sic] legal staff contact me so we can try to avoid
a major embarasement [sic] to Penguin Books.
AGAIN, GOVERN YOURSELF ACCORDINGLY.
From: Alex Gigante
To: Jerris Leonard
Cc: David Shanks
Sent: Monday, February 27, 2006 5:27 PM
Subject: Larry Kolb
CONFIDENTIAL: ATTORNEY-CLIENT PRIVILEGE
For all corporate matters, the Penguin Group (USA) Inc. Legal Department
represents Mr. Shanks. Accordingly, please direct all communications
to the undersigned.
To avoid any misunderstanding, you now are on notice that Mr. Shanks
has counsel, and you may not hereafter contact him directly.
___________________
Alex Gigante
Sr. V.P. for Legal Affairs
& Corporate Counsel
Penguin Group (USA) Inc.
From: Jerris Leonard
To: Alex Gigante
Cc: Robert M. Sensi
Sent: Monday, February 27, 2006 9:20 PM
Subject: RE: Larry Kolb
It’s about time—your client is about to enter into a
very serious confrontation with the truth which it will loose [sic]
—more to follow---JL
From: Jerris Leonard
To: Alex Gigante
Cc: Robert M. Sensi
Sent: Monday, February 27, 2006 9:23 PM
Subject: RE: Larry Kolb
Also—please send me your mailing address so I know where to
send the moving papers when your client publishes its libel against
my client Mr. Sensi—thanks--JL
From: Alex Gigante
To: Jerris Leonard
Sent: Tuesday, February 28, 2006 11:23 AM
Subject: RE: Larry Kolb
We're in the Manhattan phone book. It's spelled P-E-N-G-U-I-N
G-R-O-U-P.
Subject: AMERICA AT NIGHT
From: Larry J. Kolb
Date: Sun, April 09, 2006 3:45 am
To: Jerris Leonard
9 April 2006
Jerris Leonard, Esq.
Washington, D.C.
Dear Mr. Leonard,
Thank you for taking the time to express to David Shanks, CEO of my
publisher Penguin Group (USA) Inc., and Alex Gigante, Sr. V.P. for
Legal Affairs & Corporate Counsel for Penguin Group (USA) Inc.,
your concerns, and those of your client Robert M. Sensi, regarding
the book, AMERICA AT NIGHT, which I am now writing (hereinafter the
“Book").
While I have worked diligently to research, corroborate, and document
the story to be told in the Book, you seem to anticipate that it will
contain factual errors. I do not wish or intend for the Book to contain
even a single factual error.
You have already indicated that Mr. Sensi has no affiliation with
Al-Qaeda, and I have noted that. You have also stated that Mr. Sensi
vigorously denies any allegation that he and Richard Hirschfeld “engaged
in bringing Mafia figures from Russis [sic] to the United States,"
and that is also duly noted. You have further stated that I allege
that I had Mr. Sensi arrested, and that you know that to be “an
absolute falsehood." That is also noted.
Toward affording your client, Mr. Sensi, and you, personally (for
you are also discussed in the book), opportunity to address certain
other circumstances which may be discussed in the book, so as to allow
you to clear up any confusion on my part, and to help me better understand
all of the facts relevant to the story I will tell in the Book, I
am setting forth below certain questions which Mr. Sensi, and you,
are invited to answer.
Questions for Mr. Sensi
1. With regard to the export of helicopters to Libya which you are
now seeking to arrange, have the contemplated transaction(s) and the
transfers which would be inherent therein already been approved by
the Department of Defense and/or any or all other agencies of the
United States Government which have authority or purview over such
exports or transfers?
2. Various sources have informed me that you now work for the U.S.
Department of Defense. Is it true that you now work as either a consultant
to or an employee of the U.S. Department of Defense or any of its
agencies, branches, divisions, or subdivisions?
3. Certain sources have informed me that you, during the last several
months, told such sources that you now work for the Defense Intelligence
Agency. Do you now work, in any capacity, for the Defense Intelligence
Agency? If so, do you work for the DIA in a covert capacity, and are
there any applicable laws which would prohibit me from disclosing
the fact that you now work for the DIA? If you do work for the DIA
but there is no legal impediment to me disclosing that fact, is there
any other reason, such as operational security, or your personal safety,
or the safety of any of your sources or associates, why you would
prefer that I do not disclose that you work for the DIA?
4. When I read the seven-part series of articles, titled “Letter
From the Grave," by Bill Burke, which was published in The Virginian-Pilot
in 2005, it seemed to me that you were very likely one of the unnamed
sources from time to time described, quoted, or paraphrased by Mr.
Burke in the said series. Were you one of Mr. Burke's sources for
any part of “Letter From the Grave"?
5. Were you born on November 22, 1950, in Blue Island, Illinois?
6. Did you attend St. Joaquin School in Chicago?
7. Did you, during your teens, study opera and Italian in Rome, while
living there with your grandparents?
8. Did you graduate from New Trier High School in Northfield, Illinois?
9. Did you receive a Bachelor's degree in Political Science from Loyola
University in 1970?
10. Have you, at any time during the past twenty years, seen, met
with, spoken with, or in any other way communicated with Yasir Arafat?
11. Have you, at any time during the past five years, seen, met with,
spoken with, or in any other way communicated with Nabih Berri or
any representative of Nabih Berri?
12. It has been publicly reported, and published, that during 1980,
through Kuwait Airways, you made travel arrangements for Mr. William
J. Casey (who at the time was the presidential campaign manager for
Governor Ronald Reagan) to facilitate secret meetings by Mr. Casey
with certain Iranians in connection with what has become known as
“the October Surprise." Is such published report true,
and, if it is not true, did you take any legal action against the
publisher or author of such report in connection therewith, whether
for monetary damages, injunctive relief, or any other relief?
13. Did you directly or indirectly make any travel arrangements for
Mr. Casey during 1980?
14. What languages do you speak?
15. How many dialects of Italian do you speak?
16. When was the last time you visited the White House?
17. What was the purpose of your last visit to the White House?
18. When you met Mr. Boris Birshtein at Dulles International Airport,
upon his arrival in the United States in connection with a visit he
made to the White House, what, if any, had been your role in arranging
his visit to the White House?
19. When you drove to Dulles International Airport to meet Mr. Birshtein,
did you take any government official (whether he or she went in an
official capacity or a personal capacity) with you to the airport?
And, if so, who?
20. Subsequent to Mr. Birshtein's visit to the White House, he traveled
to New York, met there with your associate Mr. Richard M. Hirschfeld
(hereinafter, sometimes, “Mr. Hirschfeld") (who was at
the time going by the name “Richard Marshall"), and gave
Mr. Hirschfeld a sum of money. How much money did Mr. Birshtein give
Mr. Hirschfeld, and what consideration did Mr. Birshtein anticipate
receiving for that money? Were you present at any meeting between
Messrs. Birshtein and Hirschfeld?
21. Did you arrange for the helicopter which transported Mr. Hirschfeld
from his New York meeting with Mr. Birshtein?
22. When and where did you first meet Mr. Hirschfeld?
23. Is it your belief, as it is mine, that you were essentially framed
by the United States Government and Kuwait Airways when you were criminally
convicted in U.S. federal court in 1988?
24. What was your role in the “Nigerian Letters" fraud
which led to your second federal felony conviction?
25. Is your middle name Mario?
26. When was the last time you saw, met with, spoke with, or in any
other way communicated with Mr. Abuwi Mahdi?
27. Do you know where Mr. Mahdi is now?
28. How long did you reside at 517 SW 2nd Street, Oklahoma City, Oklahoma
73109?
29. Does your brother Mr. Ulisse Sensi now hold, or has he at any
time held, any capital shares of GlobalNet Corp. for you or any of
your nominees or affiliates? If not, how and for what consideration
did Mr. Ulisse Sensi obtain the many shares of GlobalNet Corp. stock
registered to him?
30. When, where, and under what circumstances did you first meet Mr.
Joseph K. Serian, a/k/a Joe Serian, a/k/a Joseph Seriani, a/k/a Joe
Seriani, a/k/a Dr. Joe?
31. Do you have any knowledge of Mr. Serian (or Seriani) acting as
a government informant against you and/or Mr. Hirschfeld during the
1980s or 1990s?
32. When, where, and under what circumstances did you first meet Mr.
Engin Yesil?
33. When, where, and under what circumstances did you first meet Mr.
Arik Meimoun?
33. When, where, and under what circumstances did you first meet Mr.
David Phipps?
34. What was the “640 account" over which you had signatory
authority?
35. Why did you make a campaign contribution to John Kerry for President
in 2004?
36. Why did you make such campaign contribution to John Kerry for
President in a form which was technically a violation of applicable
campaign finance laws?
37. During Mr. Hirschfeld's visit to the United States to attend the
Republican National Convention in Philadelphia in 2000, did you meet
with him in Philadelphia or anywhere else in the United States?
38. Dale Cooter, Esq., who represented the Defendant in a deposition
of you which was conducted in Washington, D.C., on October 10th and
11th, 1987, has been quoted as publicly acknowledging that he visited
Mr. Hirschfeld in Cuba while Mr. Hirschfeld resided there. Did you
ever accompany Mr. Cooter to Cuba, or meet or see him in Cuba?
39. Did you ever meet Mr. Hirschfeld in Cuba?
40. Did you ever speak or communicate with Mr. Hirschfeld while he
was in Cuba?
41. Have you ever met Fidel Castro's son Alejandro Castro?
42. When did you serve as Chairman of the Ambassador's Club, of Republicans
Abroad?
43. What is the natural color of your hair?
44. Have you ever met George W. Bush, either during his Presidency,
or prior to his inauguration as President?
45. Who is, or was, Mr. Robert Carter, and what role did he play in
your first criminal trial?
46. Have you ever met Mr. Adnan Khashoggi, and, if so, when, where,
and in what capacity?
47. Why did you accompany Messrs. Richard Hirschfeld and Robert Chastain
to their appearance before the House Committee on Foreign Affairs,
Subcommittee on Pacific Affairs, in July 1987?
48. Have you ever met or spoken with Mr. Dave Kindred?
49. I am in possession of a letter wherein Mr. Eugene L. Fischer,
Federal Inmate 32904-004, states: “I am ready to testify, and
can coordinate the testimony of my mother, my brother, Laura Prewitt,
Inocencio Jimenez, etc. concerning the fraud perpetrated on my mother
Anneliese Fischer by a group of conspirators led by Richard Hirschfeld,
Robert Sensi and Guillermo Olle. Willingly or unwillingly the attorney
Steven Saltzburg and General Wayne Jackson were also involved (knowingly
or unknowingly). They promoted their connection with Sen. Orin [sic]
Hatch and Sensi's background with the CIA and their contacts within
the Justice Department." Do you have any idea what fraud or alleged
fraud Mr. Fischer is referring to in the quoted passage? Have you
ever met Mr. Fischer, and, if so, when, where, and why did you meet
him? Have you ever met Mr. Fischer's mother Anneliese Fischer?
50. Who is General Wayne Jackson, and do you, or did you ever, know
him, and, if so, in what capacity?
51. Who is Mr. Guillermo Olle, and do you, or did you ever, know him,
and, if so, in what capacity?
52. A source has, in writing, informed me that, during Mr. Hirschfeld's
federal incarceration during the 1990s, a certain Rabbi Horn of the
Aleph Institute “arranged for Hirschfeld and about a dozen of
Hirschfeld's new-found prison buddies to travel to a Passover furlough
in the Catskills at a resort. Hirschfeld also bought all the air travel
tickets. Behind Rabbi Horn's back, Bob Sensi arranged for ‘girls’
(Rabbi Horn said they were prostitutes, but Sensi said they were inmate
wives and girlfriends) to be cleverly hidden at the resort during
the 3 or 4 day event." Do you have any comment on this quotation?
Is all or any part of it true?
53. Have you ever met Mr. Roi Azim, and, if so, when, where, and under
what circumstances did you meet him?
54. Have you ever met Mr. Leo Chernoy, a/k/a Leo Chernoff, a/k/a Lev
Chernoy, a/k/a Lev Chernoff, and, if so, when, where, and under what
circumstances did you meet him?
55. How, where, from whom, and under what circumstances did you obtain
the CIA badge, or what purported to be a CIA badge, which you showed
Mr. Engin Yesil in Washington, D.C., on the occasion of your first
meeting with him?
56. Why did you in May 2004 incorporate, and serve as president of,
Global Telesat Property Corp., a Florida corporation? When you formed
the corporation, did you know that the house listed as the corporation's
principal place of business would serve as the residence and/or hiding
place of federal fugitive Richard M. Hirschfeld?
57. Why did you execute, or cause to be executed, first and second
mortgage instruments in behalf of Global Telesat Property Corp. in
May 2004?
58. Did you at any time beneficially own any capital share or shares
of Global Telesat Property Corp.?
59. Was Mr. Hirschfeld, directly or indirectly, the beneficial owner
of any capital shares of Global Telesat Property Corp.?
60. Under what circumstances, and, if applicable, for what consideration,
did ownership of capital shares of Global Telesat Property Corp. pass
to Mr. Hirschfeld's widow, Loretta Hirschfeld?
61. Did you meet with Mr. Hirschfeld in Kitty Hawk, North Carolina,
in June 2004?
62. Did you, during or about June or July 2004, in or near Washington,
D.C., discuss your relationship with Mr. Hirschfeld with a psychiatrist
(who at such time was not acting in his professional capacity)? Did
you inform that psychiatrist that you intended to distance yourself
from Mr. Hirschfeld?
63. After September 11, 2001, did you ever hear Mr. Hirschfeld claim
to be a CIA officer, CIA agent, or CIA operative?
64. Have you ever seen or heard Mr. Hirschfeld claim to have a direct
working relationship with Director of Central Intelligence George
Tenet?
65. Have you ever seen or heard Mr. Hirschfeld speak by telephone,
or purport to speak by telephone, with DCI George Tenet?
66. Have you ever seen or heard Mr. Hirschfeld claim to have a direct
working relationship with U.S. Congressman Henry Hyde?
67. Have you ever witnessed a meeting between Mr. Hirschfeld and Representative
Hyde?
68. Have you ever seen or heard Mr. Hirschfeld speak by telephone,
or purport to speak by telephone, with Representative Hyde?
69. Have you ever seen or heard Mr. Hirschfeld claim to have a direct
working relationship with U.S. Congressman James Sensenbrenner?
70. Have you ever witnessed a meeting between Mr. Hirschfeld and Representative
Sensenbrenner?
71. Have you ever seen or heard Mr. Hirschfeld speak by telephone,
or purport to speak by telephone, with Representative Sensenbrenner?
72. Have you ever heard Mr. Hirschfeld say, “There's no justice.
There's just us."?
73. When was the last time you saw Mr. Hirschfeld?
74. When was the last time you spoke with Mr. Hirschfeld?
75. How did you learn of Mr. Hirschfeld's October 2004 arrest?
76. How did you learn of Mr. Hirschfeld's death?
77. Did Mr. Hirschfeld directly or indirectly play any significant
role in the capture of Saddam Hussein by U.S. forces?
78. Have you ever offered to sell, sold, distributed, or transported
a false passport or false passports?
79. Are you presently wanted for questioning by any law enforcement
agency of the government of the United States or any of its political
subdivisions, or by any foreign law enforcement agency?
80. Have you ever met President Vincente Fox, of Mexico, and, if so,
where, when, and under what circumstances did you meet him?
81. Where do you now reside?
82. Are you presently under the formal or informal protection of any
witness protection program?
83. Are you presently married, and, if so, what is your wife's name
and nationality?
84. Do you still sing opera?
85. What is your favorite childhood memory?
86. Is ***********@***.com [redacted] your current e-mail address?
87. Is there anything else you would like me to know to help me better
understand and tell the story you believe I plan to tell in the Book?
88. The only photographs of you in my possession were taken in Washington,
DC, in 1988, and in Miami Beach, Florida, in 2004, and, because of
the circumstances in which they were taken, they do not show you at
your best. Would you like to provide me, on a royalty-free basis,
a more flattering photograph of yourself for possible publication
in the Book and/or for use by the motion picture production company
which is now planning a movie version of the Book?
Questions for Mr. Leonard
1. Is it true that, as is stated in various online biographical profiles
of you, in your capacity as a private attorney you have represented
former President George Bush, Mr. Muhammad Ali, Governor Vernon Thomson
of Wisconsin, Governor Evan Meacham of Arizona, and members of Congress?
2. According to one such biographical profile, you were in 1969 “appointed
by President Nixon and confirmed by the U.S. Senate as Assistant Attorney
General for Civil Rights of the United States," in which position
you served until 1971. Is that biographical information correct?
3. Is it true that in 1971 President Nixon appointed you Administrator
of the Law Enforcement Assistance Administration, and that you served
in that position until a date in 1973? Was your last day as LEAA Administrator
March 17, 1973?
4. A published source writes that, in June 1973, while George H.W.
Bush was Chairman of the Republican National Committee, “[Jerris]
Leonard was special counsel to George Bush personally, hired by Bush
and not by the RNC." Is it true that in June 1973 you served
as a lawyer for George H.W. Bush, and that at that time you did not
represent the Republican National Committee?
5. The same published source writes that “[Jerris] Leonard says
today that his job consisted in helping to keep the Republican Party
separate from Watergate, deflecting Watergate from the party ‘so
it would not be a party thing.'" Is the information contained
in that quotation accurate as to the facts? Is the published quotation
of you (“so it would not be a party thing") an accurate
quotation of words spoken by you? Was it your job, in your capacity
as an attorney for George H.W. Bush in 1973, to attempt to keep the
Republican National Committee from becoming embroiled in Watergate?
Was it your job, in your capacity as an attorney for George H.W. Bush
in 1973, to attempt to keep George H.W. Bush from becoming embroiled
in Watergate?
6. Did you represent Governor Meacham during the 1980s, when he was
impeached and driven from office for alleged campaign finance irregularities?
7. Is it true that, prior to your tenure at the U.S. Department of
Justice, you served for twelve years in the Wisconsin State Legislature?
8. Is it true that in 1967 you became the Majority Leader of the Wisconsin
State Senate?
9. In a profile of U.S. Congressman James Sensenbrenner, titled 'The
Man With The Iron Gavel," T.R. Goldman writes: “In 1960,
when he [Mr. Sensenbrenner] was 17 years old, he helped run a state
assembly campaign for Jerris Leonard, who was running against Sensenbrenner's
cousin." Is the information within that quotation correct?
10. In the same profile, Mr. Goldman writes that you “became
Sensenbrenner's political mentor." Were you ever Mr. Sensenbrenner's
political mentor?
11. Are you now a close friend of Representative Sensenbrenner?
12. You recently wrote “I personally know a lot of Mr. Sensi's
history as I have been his lawyer for a long time." How long
have you known Mr. Sensi and how long have you been his lawyer? How,
when, where, and under what circumstances did you first meet Mr. Sensi?
13. Did George H.W. Bush directly or indirectly introduce you to Mr.
Sensi?
14. Did George H.W. Bush, directly or indirectly ask you, or instruct
you, to represent Mr. Sensi in the criminal proceedings brought against
him by the U.S. Government after he was arrested for allegedly embezzling
from Kuwait Airways?
15. How, when, where, and under what circumstances did you first meet
Mr. Hirschfeld?
16. On what occasions, and during what periods of time, did you serve
as a lawyer for Mr. Hirschfeld?
17. In Mr. Hirschfeld's prepared statement made during his appearance
at a hearing before the House Committee on Foreign Affairs, Subcommittee
on Pacific Affairs, on July 9th, 1987, Mr. Hirschfeld stated that
you accompanied him to the hearing? Did you accompany Mr. Hirschfeld
to the said hearing, and, if yes, did you do so as an attorney for
Mr. Hirschfeld?
18. In the same prepared statement, Mr. Hirschfeld referred to you
as “Jerris Leonard, who was cocounsel with me in a number of
cases." In how many cases, and what cases, were you co-counsel
with Mr. Hirschfeld?
19. At the same hearing, U.S. Representative Stephen Solarz asked
Mr. Hirschfeld: “Could you explain to us why you decided to
get in touch with the Vice President's Office with respect to this
matter?" Page 56 of the official record of the hearing (published
by the U.S. Government Printing Office, in Washington, in 1987) shows
that, before answering the question, Mr. Hirschfeld conferred with
counsel. Were you the counsel with whom Mr. Hirschfeld conferred before
answering the question?
20. Did Vice President Bush, directly or indirectly ask you, or instruct
you, to represent Mr. Hirschfeld at, or accompany Mr. Hirschfeld to,
the said hearing?
21. Sources I believe are very credible have informed me that, after
September 11, 2001, and before Mr. Hirschfeld's arrest on October
1, 2004, they attended meetings in your Washington, D.C., office which
meetings were also attended by you and Mr. Sensi. Said sources have
informed me that, during those meetings, you received telephone calls
from, and spoke by speakerphone with, the man then calling himself
“Richard Marshall." Did you know at that time that “Richard
Marshall" was actually the federal fugitive Richard M. Hirschfeld?
22. Did you ever meet with Mr. Hirschfeld in Cuba?
23. Did you ever speak or communicate with Mr. Hirschfeld while he
was in Cuba?
24. During Mr. Hirschfeld's visit to the United States to attend the
Republican National Convention in Philadelphia in 2000, did you meet
with him in Philadelphia or anywhere else in the United States?
25. Did you ever meet with Mr. Hirschfeld while he was a federal fugitive?
26. In the seven-part series of articles, titled “Letter From
the Grave," by Bill Burke, which was published in The Virginian-Pilot
in 2005, Mr. Burke states that, until Mr. Hirschfeld's death you were
engaged in an effort to help Mr. Hirschfeld win relief from his legal
problems, and that one person you “approached" in Mr. Hirschfeld's
behalf was “Thomas E. Mooney Sr, staff director and general
counsel for the House International Relations Committee." Is
it true that, after Mr. Hirschfeld's 2004 arrest, and before his death,
you communicated with Mr. Mooney in behalf of Mr. Hirschfeld?
27. In the same series of articles, Mr. Burke reports that Mr. “Mooney
said his boss, Rep. Henry Hyde, R-Ill., chairman of the committee,
may have interceded on Hirschfeld's behalf had Hirschfeld not committed
suicide?" Did Mr. Mooney ever tell you that Representative Hyde
might, or might have, interceded on Mr. Hirschfeld's behalf with respect
to the federal criminal charges then pending against Mr. Hirschfeld?
28. What is your favorite memory of Mr. Hirschfeld?
29. What is your favorite memory of Mr. Sensi?
30. Is there anything else you would like me to know to help me better
understand and tell the story you believe I plan to tell in the Book?
The book which I am now writing, AMERICA AT NIGHT, is nonfiction.
I will be grateful to you and Mr. Sensi if each of you will be so
kind as to answer the foregoing questions to help me better understand
all of the facts relevant to the story I will tell in the Book. You
may reach me by return e-mail. I will look forward to hearing from
you.
Very truly yours,
Larry J. Kolb
Subject: Robert Sensi Matter--Penguin/Kolb Response
From: Jerris Leonard
Date: Sun, April 09, 2006 11:18 am
To: Larry J. Kolb
Dear Mr. Kolb:
Thank you for responding to my letters to Penguin. I am pleased
to know that you will excise any inaccurate and erroneous statements
from your coming book.
The answers to the questions suggested by you below will take time
and possibly actual research to insure that they are accurate. Some
may be of a confidential nature and not subject to disclosure. I
note that your email came to me on Palm Sunday morning at 3:45 AM
and I am responding shortly after at 11:00 AM on the same day. That
should clearly establish the fact that my client and I have but
one and only one interest and that is that whatever you publish
involving my client will be truthful. In order to accomplish that
end it will be necessary for Mr. Sensi and I to meet and review
your questions and we will do that as soon as our schedules, which
are both very busy, can accommodate your requests. In any event,
in order that this matter may not proceed to a point where inaccuracies
abound and become a cause for litigation. I will be undergoing minor
surgery next Friday and again the following Monday but will do my
best to advise you by weeks end what progress we are making. Should
there be a lapse I am sure I will be in condition to respond in
some form by the week after next. If you do not hear from me check
the Washington and Milwaukee obituary columns as Mr. Sensi may need
to retain new Counsel.
I must continue to keep Counselor Gigante informed, so this and
other correspondence will be forwarded to him in its entirety.
I look forward to working with you so that your effort at truth
may be a “home run" for both you and Penguin.
Sincerely, Jerris Leonard
CC: Mr. Robert Sensi
Counselor Gigante
Subject: "America At Night"
From: Jerris Leonard
Date: Sat, April 15, 2006 1:04 pm
To: Larry J. Kolb
Cc: Robert M. Sensi, Alex Gigante
Dear Mr. Kolb:
I have learned that Mr. Sensi is back in the United States and hopefully
he and I will be able to meet and address the questions you raised
about him and his activities in your April 9th email to me by mid-week.
In the interim I have had an opportunity to review the questions
posed for me in that same email and I have some responses and observations.
I am at liberty to respond to those which are biographical in nature
or which I believe are a matter of factual public record. Those
which are I will attempt to affirm and those which are not factual
I probably will not be able to respond to with “errata"
other than to indicate that they are factually incorrect. Those
which relate to details of client matters that I consider privileged,
You also know that I have had many years as an investigating lawyer
and have tried many jury and adversarial court matters, including
Grand Jury investigations, jury and court trials and other such
proceedings. I have gained insight into knowing when witnesses and
“sources" are telling the truth and when they are embellishing
the record or simple “lying". That leads me caution you
about the sources of some of the statements (questions) you pose
with respect to me. I have found, particularly in this City that
they fall into three categories, those that lie or embellish because
they are indeed unstable, that that do so because they are on drugs
and those that are simply “kooks looking for publicity"
in any event they use good writers like you and feed what might
appear to be good evidence, always somehow tied to what is a known.
Now to those questions I am able to answer.
1. True and many other prominent people also.
2. True
3. True
4. I was hired by the RNC to represent it and the Chairman as their
“Special Counsel".
5. My assignment was to investigate to determine if any officials
or employees of the RNC were involved in the Watergate matter and
to generally assist others involved in the investigation as to the
facts of the break-in and all subsequent events.
6. I represent Governor Meacham in his trial before the AZ. State
Senate. He was not “driven from office for alleged campaign
finance irregularities". My recollection is that that Count
in the Articles had been dropped by the House Prosecutors.
7. True
8. True
9. Correct except that it was a State Senate campaign.
10. You would have to ask him.
11. You would have to ask him.
12. I have known him for many years and I have no recollection of
when and how but I fail to see the relevance of that to your efforts
as they have been revealed to me. Perhaps if you could give me more
details as to why this is or interest to you I would be better able
to assist you.
13. See above
14. See above.
15. See # 12 above. Why is this important to your efforts?
16. See 15 above.
17. See above
18. See above
19. See above
20. Your source is hallucinating
21. Client confidential, but what difference does it make to your
investigation. Perhaps if you could establish some relevance to
what you are trying to accomplish, I might be able to help.
22. “Hallucinations"
23 Client confidential
24. I don't know if he attended the Convention. Client confidential
25. Client confidential
26. You would have to ask Mr. Mooney
27. You would have to ask Mr. Mooney.
28. Client confidential
29. Client confidential
30. If I knew what the story was I might be able to help you but
again I am very concerned that some of your sources may be less
than credible.
More to follow after you respond, and/or I meet with Mr. Sensi.
Best--JL
From:
Larry J. Kolb
Sent: Saturday, April 15, 2006 9:48 PM
To: Jerris Leonard
Subject: RE: "America At Night"
Dear Mr. Leonard,
Thank you for the message and the answers you sent me today. I will
respond, seriatim, to your comments and answers, together with my
responses to Mr. Sensi's answers, after I have received those. I
assure you that nothing about my questions was meant to be insulting
or demeaning to you. I will look forward to hearing from you again
when you and Mr. Sensi are able to respond. Meanwhile, I already
have a few supplemental questions for Mr. Sensi, which, in the interest
of saving time, I will ask now:
Supplemental Question 1: How many trips to South America have you
made during 2006?
Supplemental Question 2: You have described the reasons for your
recent trips to Bolivia as visits to a member of your family and
as business trips relating to oil and gas ventures you have been
discussing or working on with close associates of Bolivian President
Juan Evo Morales Ayma. Have you met President Morales?
Supplemental Question 3: You have in the past testified that you
used what purported to be a legitimate investment in a mining operation
in Sierra Leone as a cover for your actual purposes which included
establishing a listening post or listening posts for the CIA. I
have no interest in compromising any operation of any American intelligence
service nor in blowing the CFA of any American intelligence officer
or agent. Would I in any way be harming national security interests
of the United States if I were to, in the Book, disclose the fact
that you have recently made several trips to South America? {Your
answer to the preceding question will be treated by me as strictly
confidential.}
Supplemental Question 4: If the natural color of your hair is now
gray, what was the natural color of your hair before it turned gray?
Supplemental Question 5: It has been reported that Mr. Hirschfeld
stated that, while you were in jail in England in 1986 fighting
extradition to the United States, Mr. Hirschfeld visited you in
jail and delivered to you a message from DCI William Casey. Did
Mr. Hirschfeld visit you while you were in jail in England in 1986?
While you were in jail in England, did Mr. Hirschfeld personally
or telephonically deliver to you a message from DCI Casey?
* * *
Thank you, Mr. Leonard, for passing these supplemental questions
on to your client. Good luck with your surgery on Monday.
Best wishes,
Larry J. Kolb
Subject: AMERICA AT NIGHT
From: Larry J. Kolb
Date: Tue, Apr 18, 2006 3:17 am
To: Jerris Leonard
Bcc: Alex Gigante
Dear Mr. Leonard,
I hope your surgery went well, and that you will be feeling fine
soon. Please find my remarks and questions interspersed below within
your message in blue italics. I will look forward to hearing from
you and Mr. Sensi as soon as you are able.
Very truly yours,
Larry J. Kolb
Dear Mr. Kolb:
I have learned that Mr. Sensi is back in the United States and
hopefully he and I will be able to meet and address the questions
you raised about him and his activities in your April 9th email
to me by mid-week. In the interim I have had an opportunity to
review the questions posed for me in that same email and I have
some responses and observations. I am at liberty to respond to
those which are biographical in nature or which I believe are
a matter of factual public record. Those which are I will attempt
to affirm and those which are not factual I probably will not
be able to respond to with “errata" other than to indicate
that they are factually incorrect. Those which relate to details
of client matters that I consider privileged, I will have to pass
on. Understood.
You also know that I have had many years as an investigating lawyer
and have tried many jury and adversarial court matters, including
Grand Jury investigations, jury and court trials and other such
proceedings. I have gained insight into knowing when witnesses
and “sources" are telling the truth and when they are
embellishing the record or simple “lying". That leads
me caution you about the sources of some of the statements (questions)
you pose with respect to me. I have found, particularly in this
City that they fall into three categories, those that lie or embellish
because they are indeed unstable, that that do so because they
are on drugs and those that are simply “kooks looking for
publicity" in any event they use good writers like you Thank
you. I may quote you on that. and feed what
might appear to be good evidence, always somehow tied to what
is a known fact. Point taken.
Thus the questions about whether my representation of George H.W.
Bush was in any way directly or indirectly related to Mr. Sensi
is both insulting and demeaning to me and an indication that your
sources are probably “kooks looking for publicity".
First, I assure you I mean
you no insult by any of my questions. As to my questions to you
regarding whether Vice President Bush introduced you to Mr. Sensi
or asked or instructed you to represent or accompany Mr. Hirschfeld
in connection with his Capitol Hill testimony regarding President
Ferdinand Marcos, I asked this because I know of Vice President
Bush's role in the circumstances through which Messrs. Hirschfeld
and Sensi became acquainted. I know how hard
it is to find “reliable sources" but it is the one
area that investigative reporters and some times good trial lawyer
like me have to be very careful. These sources have a history
of tainting an entire investigation and that results in serious
consequences, particularly to reporters who do not have the power
of Subpoena as a lawyer does in a lawsuit. Understood.
Now to those questions I am able to answer.
1. True and many other prominent people also. Thank
you.
2. True Thank you.
3. True Thank you.
4. I was hired by the RNC to represent it and the Chairman as
their “Special Counsel". Thank
you. Was the “Chairman" to whom you refer George H.W.
Bush?
5. My assignment was to investigate to determine if any officials
or employees of the RNC were involved in the Watergate matter
and to generally assist others involved in the investigation as
to the facts of the break-in and all subsequent events. Thank
you.
6. I represent Governor Meacham in his trial before the AZ. State
Senate. He was not “driven from office for alleged campaign
finance irregularities". My recollection is that that Count
in the Articles had been dropped by the House Prosecutors. Did
you, above, in the first sentence of your answer number 6, mean
to say that you “represented" Governor Meacham
in his trial before the Arizona Senate? It is my understanding
that Governor Meacham was impeached, convicted by the Arizona
Senate, and removed from the office of Governor of Arizona. Is
that correct?
7. True Thank you.
8. True Thank you.
9. Correct except that it was a State Senate campaign. Thank
you.
10. You would have to ask him.
I see. How old was Mr. Sensenbrenner when you first met him? Did
you ever consider yourself Mr. Sensenbrenner's mentor?
11. You would have to ask him. Thank
you. Do you consider Representative Sensenbrenner your friend?
12. I have known him for many years and I have no recollection
of when and how but I fail to see the relevance of that to your
efforts as they have been revealed to me. Perhaps if you could
give me more details as to why this is or interest to you I would
be better able to assist you. Since
you have told me that you consider it both insulting and demeaning
to you for me to ask whether your representation of George H.W.
Bush had anything to do with Mr. Sensi, and since, during your
first known public record appearance with Messrs. Sensi and Hirschfeld,
your client Mr. Hirschfeld mentioned that he had contacted Vice
President Bush in connection with the matter about which he was
testifying, and since, during that same testimony, Mr. Hirschfeld
further mentioned that Vice President Bush had been in the loop
and involved in the preparations for a mission to Beirut led by
Mr. Sensi, one might wonder (or at least I might wonder) whether
you met Mr. Sensi directly or indirectly through Mr. Bush, and,
if not, how you did meet Mr. Sensi.
13. See above. You have my sincere
apology if any part of my question was insulting or demeaning
to you. I am only trying to ascertain facts relevant to the story
to be told in the Book.
14. See above. You, again, have
my sincere apology if any part of my question was insulting or
demeaning to you.
15. See # 12 above. Why is this important to your efforts? Your
representation of Mr. Hirschfeld on Capitol Hill on July 9, 1987,
is discussed in the Book. Your e-mail messages to David Shanks,
CEO of my publisher Penguin Group (USA) Inc., and to Alexander
Gigante, its Senior VP for Legal Affairs and Corporate Counsel,
suggested that you anticipate that the Book will contain factual
errors. If you could remember or find out the answer to my question
and inform me of the facts, that might help me better evaluate
the credibility of certain of my sources and help me eliminate
factual errors from the Book.
16. See 15 above. Your long
relationship with Mr. Hirschfeld is discussed in the Book. I am
offering you an opportunity to inform me of your side of the story.
17. See above. Public record
reflects that you represented Mr. Hirschfeld on Capitol Hill on
July 9, 1987. In the Book, I intend to state that you represented
Mr. Hirschfeld on Capitol Hill on July 9, 1987. If you did not
represent Mr. Hirschfeld on Capitol Hill on July 9, 1987, please
speak up now, to help me eliminate a factual error from the Book.
18. See above. Your long relationship
with Mr. Hirschfeld is discussed in the Book. I am offering you
an opportunity to inform me of your side of the story. I understand
that under our great American legal system, every man has the
right to an attorney (or at least it seemed so until quite recently).
And I understand that you met Messrs. Sensi and Hirschfeld and
began representing them before they had been convicted of anything.
But, frankly, I wonder how a pair of Renaissance Men as larcenous
and multi-talented as Messrs. Sensi and Hirschfeld could convince
an attorney as prominent and well-thought-of as you to continue
to represent them even after their multiple felony convictions.
You have, after all, represented George H.W. Bush, President of
the United States, for whom I once voted. So I wonder why you
continued to represent Mr. Hirschfeld and why you now continue
to represent Mr. Sensi.
19. See above. Your relationships
with Messrs. Hirschfeld, Sensi, and Bush are discussed in the
Book. I would like to know if you are the counsel with whom Mr.
Hirschfeld conferred before fully answering this question posed
by Representative Stephen Solarz: “Could you explain to
us why you decided to get in touch with the Vice President's Office
with respect to this matter?"
20. Your source is hallucinating. I
didn't say there was a source. It was a question, not a statement.
21. Client confidential, but what difference does it make to your
investigation. Perhaps if you could establish some relevance to
what you are trying to accomplish, I might be able to help. If
this is “client confidential," I assume you are acknowledging
that Mr. Hirschfeld was your client during the period of time
after September 11, 2001, and before October 1, 2004. Otherwise,
there would be no attorney-client privilege as to my question
and it would not be unreasonable for me to assume you would answer
my question because you are trying to help me get my facts straight.
Is that correct?
22. “Hallucinations" It
was a question, not a statement. No one ever told me you met with
Mr. Hirschfeld in Cuba. I note, however, that Dale Cooter, Esq.,
with whom you spoke so collegially throughout a deposition of
your client Mr. Sensi on October 10 and 11, 1987, in Washington,
D.C., has been extensively quoted as to his visits to Mr. Hirschfeld
in Cuba. That led me to wonder whether you had ever visited Mr.
Hirschfeld in Cuba. Please understand that nothing about my question
as to this was a suggestion that you violated any applicable laws
regarding travel by U.S. citizens to Cuba. In his interview regarding
his visits to Cuba, Mr. Cooter made it quite clear that all of
his expenses in Cuba were paid by a charitable foundation and,
thus, his visit to Cuba did not violate any applicable law.
23 Client confidential. If this
is “client confidential," I assume you are acknowledging
that Mr. Hirschfeld was your client while he was in Cuba. Otherwise,
there would be no attorney-client privilege, and I am sure you
would answer me because you are trying to help me remove factual
errors from the Book.
24. I don't know if he attended the Convention. I
see. Client confidential. In
that case, should I assume that Mr. Hirschfeld was your client
during the trip he made to the United States around the time of
the 2000 Republican National Convention?
25. Client confidential. In
that case, unless you inform me otherwise, I will assume that
Mr. Hirschfeld was your client while he was a federal fugitive.
26. You would have to ask Mr. Mooney. I
would love to. Could you arrange that for me?
27. You would have to ask Mr. Mooney. I
will look forward to the pleasure of doing so if you will be so
kind as to arrange for Mr. Mooney to take my call.
28. Client confidential In that
case, what is your favorite non-privileged memory of Mr. Hirschfeld?
I ask this because so few people I have talked with have had good
things to say about him, and I would like to give his advocate
an opportunity to say something positive about him.
29. Client confidential In that
case, what is your favorite non-privileged memory of Mr. Sensi?
Do not infer from this question that few people I have talked
with have had good things to say about him.
30. If I knew what the story was I might be able to help you but
again I am very concerned that some of your sources may be less
than credible. I am doing my
level best to winnow falsehood from fact, and credible sources
from less than credible sources. If you can help me do those things,
I would appreciate it.
More to follow after you respond, and/or I meet with Mr. Sensi.
I wish you a speedy recovery
from your two recent surgeries, and I will look forward to hearing
from you and Mr. Sensi.
Best—JL
Best, LJK
From:
Jerris Leonard
Sent: Wednesday, April 19, 2006 9:53 AM
To: 'LJK'
Subject: Bob Sensi and I would like to meet with you in my office
next Wednesday, April 26th at 2:15 PM--please advise—thanjs
[sic] --J.Leonard
From: Larry J. Kolb
To: Jerris Leonard
Sent: Tuesday, April 25, 2006 2:35 PM
Subject: RE: Bob Sensi and I would like to meet with you in my office
nextWednesday [sic] at 2:20 PM--please advise
Dear Mr. Leonard,
I hope you are recovering well from your two surgeries of the past
two weeks. I live far from Washington, and have had five surgeries,
myself, in the past seven weeks. So I'm not feeling inclined toward
a trip to Washington at the moment.
Additionally, since you launched your attack on the credibility
of my book, AMERICA AT NIGHT, in writings to my publisher, and since
I submitted my questions to you in writing and you repeatedly promised
to answer them in writing by a certain date, I feel that for the
record the questions should be answered in writing. After I have
received meaningful answers and have had a bit of time to recover,
I could be willing to meet with both of you. Meanwhile, if I am
going to make any changes to my book based on information you supply
me, I will need to receive the information soon, as the closing
date for the book is rapidly approaching.
All best wishes,
Larry J. Kolb
Subject:
RE: Bob Sensi and I would like to meet with you in my office
next Wednesday at 2:20 PM--please advise
From: Jerris Leonard
Date: Tue, April 25, 2006 2:51 pm
To: Larry J. Kolb
Cc: Alex Gigante, Robert M. Sensi
Sorry you are unwilling to meet with my client to insure that what
you write is not libelous, but the best I can do is to offer a face
to face meeting for you. Frankly your questions evidence such a huge
lack of knowledge that to respond to them, as I noted about those
addressed to me, would be fruitless. Your sources have lied to you
about very basic matters and you appear to be “hell bent"
to publish this libelous materials. While my client has no right to
a prior restraint even against obvious libel and of the particularly
vicious nature as is evidenced by your questions, we will prepare
for litigation. I am sure you are familiar with the libel laws with
respect to jurisdiction, and Mr. Sensi's employment in Fairfax County,
VA will be particularly damaged by what will obviously be a “grand
slander" by you and Penguin should you rely on the kind of information
as is evidenced by your questions. I like Fairfax County for it is
there that I brought Geraldo Rivera (a/k/a Jerry Rivers) to his knees.
Good luck and we await the printing of what should be a grand lawsuit.
GOVERN YOURSLEF ACCORDINGLY!
Parenthetically, maybe in view of your five surgeries, from which
I trust you are healing well, you might consider delaying your publishing
and maybe we can meet somewhere convenient for both you and Mr. Sensi.
I really hate to see some one of your reputation print material that
is so obviously in error.
Best--JL
From: Michelle Clark
Sent: Friday, December 08, 2006 1:51 PM
To: Alex Gigante
Subject: America At Night
Michelle Ann Clark, Esq.
[e-mail address redacted]
December 8, 2006
Alex Gigante, Esq.
Senior Vice Present for Legal Affairs
Penguin Group, Inc.
100 Fifth Avenue
New York, N.Y. 10001
Re: Larry Kolb's American at Night [sic]
Dear Mr. Gigante :
I am legal counsel for Mr. Robert Sensi who, we understand, is a
central figure in the above-referenced book, now scheduled for publication
by Penguin Books on or about February 1, 2007. Pre-publication press
releases regarding this book make statements that seriously concern
my client, not only on the prospective issue of the book's constituting
libel per se against him but also to the extent of jeopardizing
his physical and emotional health. Already, this mere pre-publicity
has adversely impacted his professional life in a significant way,
affecting his status as one who deals with classified information
regarding major national security matters.
Through prior counsel, Mr. Sensi communicated with both the author
and publisher, protesting what he believes are gross misrepresentations
and knowing falsehoods that are to be included in this book. They
also informed these parties that we would vigorously pursue every
available legal step in order to vindicate Mr. Sensi's rights in
the face of such willful and inexcusable actions, which we believe
would constitute the requisite malice to support a major lawsuit.
We have previously informed your enterprise, and we hereby reaffirm
that Mr. Sensi will not remain passive in the face of such a vicious
and unconscionable assault on his reputation. Gross and malicious
accusations, for example, that my client, has been involved with
Al Quaeda [sic] that are set abroad in a post-911 world constitute
defamation per se that would dissolve any potential defense that
he could, in any good conscience, be treated as some kind of "public
figure." No non-elected national public official could be expected
to sustain such an abominable allegation with equanimity or immunity
when it constitutes the kind of opprobrium and obloquy that has
been the constant theme of the National Administration in defense
of the prosecution of a war that has now lasted longer than World
War II did. No person who now leads a private life could be expected
to survive the modern equivalent of the charges leveled against
the Rosenbergs at the start of the Cold War.
Your author and your publisher, however, go well beyond that "nuclear"
allegation. They also aver, we have it on good authority, that my
client is a smuggler, has close connections with the Russian mafia,
launders money, and has associated with other infamous national
and international criminals and activities on a scale that approaches,
if not surpasses, the kind of infamy usually associated with Nazi
war criminals or South American drug lords. Phrases like "rogue
CIA operatives" and "stealing" presidential elections
associated with this potential publication rise - in fact, sink
- to the kind of gargantuan lies that remind one of Pol Pot, rather
than an American publishing house. It is difficult to imagine a
more irresponsible misuse of First Amendment rights than your principals
appear to be contemplating against someone who, in fact, is a patriot
who has served his country nobly in his current calling in life.
We therefore write a final time to inform you in the strictest and
most solemn terms that my client is prepared to defend his rights,
his life, and his professional career in every legal and principled
manner available to him. Indeed, he cannot do otherwise. Not only
would such a concatenation of vile and deliberate misrepresentations
jeopardize his professional life, there are those who - whether
actually believing them or not - would threaten, if not outrightly
end, his life itself, rather than take the chance that further putative
"exposures" would occur at the hands of your unprincipled
principals.
You and your prospective clients are adjured not to publish this
patently false and vicious canard. If you do so, all concerned,
to the last perpetrator and fellow-traveler, will be engaged by
my clients [sic] conscience-driven self-defense in every legal manner
possible.
On the theory that you may be representing Mr. Kolb, I have refrained
from copying this letter to him; I urge you to do so because it
will alter [sic] and inform him of my client's position in this
matter. In the meantime, we remain open to any suggestions that
you may have to spare all concerned such misfortune. Failing to
hear further from you or discovering the publication of this malicious
diatribe will, of course, leave us no choice but to respond as stated
herein.
Yours sincerely,
Michelle A. Clark
Attorney at Law
cc: Mr. Robert Sensi
From: Alex Gigante
To: Michelle Clark
Date: Mon, 11 Dec 2006 18:32:29
Subject: RE: America At Night
Ms. Clark:
In reply to your December 8, 2006 email, the pre-publication reviews
from which you draw your information are not accurate. Further,
Mr. Kolb has amply documented those statements in his work that
do concern Mr. Sensi.
Regarding Mr. Sensi's public-figure status, his intelligence activities
have been well known for decades. Moreover, he has twice been convicted
of felonies involving, at least in part, international financial
frauds. In addition, Mr. Sensi had a long association with Richard
Hirschfeld, himself a notorious international felon. Thus, Mr. Sensi
is unquestionably a public figure with respect to the subject matter
of Mr. Kolb's book.
When your predecessor, Jerris Leonard, previously contacted Penguin
Group (USA) Inc. with similar complaints, Mr. Kolb proffered more
than 100 questions to Mr. Sensi that offered him the opportunity
to clarify any
alleged errors that he believed would appear in the book. Despite
repeated requests, neither Mr. Leonard nor Mr. Sensi ever answered
those questions. Mr. Sensi's deliberate refusal to provide such
information when given the
chance estops him from arguing that Mr. Kolb has acted in disregard
of the truth, which Mr. Sensi would have to show as a public figure.
From: Michelle Ann Clark, Esq.
Sent: Monday, December 11, 2006 11:05 PM
To: Alex Gigante
Subject: Re: America At Night
Thank you for your curt but prompt response however inaccurate in
fact and legal principle. No one can dispute that were Kolb to limit
his book to actual facts such as Sensi's conviction that it would
be a legitimate exercise of the First Amendment however, this is
not the case. Both Leonard and Sensi did, although under no obligation
morally or legallly [sic] to do so, in fact provide answers to Kolb's
questions. According to your logic then if
Kolb aware of their responses publishes information contrary to
these answers then he has in fact shown malice. Surely, you can
not truly believe that if a person decides to write a book about
you full of bogus events and
exagerated [sic] claims that you are under any obligation to seek
him out and answer an endless stream of questions concerning your
private life with no recourse?? I will not waste my time in debate
with you but suffice it to say that I hope you have a better argument
prepared for the jury.
-Best Regards,
Michelle Clark
Sent from my BlackBerry® wireless device
And then there is this: On October 26, 2006, someone calling
himself or herself Truth Detector posted the message below on the
discussion section of the Amazon
listing for America at Night:
Initial
post: Oct 26, 2006 7:17 AM PDT
Truth Detector says:
The author is a fraud. He has never met nor spoken to either of
the two subject matters. He is being paid to slander them by enemies
of our country. If this book ever goes to print, Penguin publishing,
Amazon, the author and all those involved will look like the money-hungry,
single-brain-cell, viscious morons that they are.
"Truth Detector" did not offer his or her identity.
But by clicking on Truth Detector on the discussion page you are
routed to Truth Detector's Amazon Profile, which is blank with one
exception:
Truth Detector
Nickname:
esensi
|