McHenry threatens legal action over ad

The increasingly bitter campaign for the Republican nomination for U.S. Congress in the 10th District took another twist Monday when a Hickory law firm representing Rep. Patrick Henry's campaign released a cease and desist letter sent to primary challenger Lance Sigmon that threatens legal action if Sigmon does not remove a video advertisement from circulation.

Sigmon's campaign said Monday that it has no intention to remove or change the ad and characterized possible litigation as “intimidation tactics.”

McHenry and Sigmon are vying for the Republican nomination in the May 6 primary. Early voting in the election, which is open to registered Republicans and unaffiliated voters, began last Thursday.

The letter - issued by the law firm of Williams, Williams and Eustice - is dated April 18 and claims that Sigmon's video contains, “Numerous statements in said ad (that) are not verifiable and have been found to be inaccurate. They are being aired by you with the knowledge that they are false and for the sole purpose of smearing Representative McHenry's reputation.”

At question is an advertisement that has been airing on Charter Communications approximately six to eight times per day on the Fox News Channel, according to the Sigmon campaign. The video also has been posted on Sigmon's campaign Web site and the video file-sharing service YouTube.

Entitled “Two Bit,” the 30-second advertisement criticizes McHenry's statements at a March 31 Republican Lincoln Day Dinner in Lincolnton. At the event, McHenry spoke about his trip to Iraq and an incident in which a private security guard would not allow the congressman into a gym. In the video, McHenry is shown to be describing the man as a “two-bit security guard.”

The incident received widespread coverage by state media, along with several national outlets. McHenry later apologized for the remarks.

Also stemming from the McHenry visit was a video that the congressman posted on his House of Representatives Web site where he details the location of several mortar rockets that hit the heavily fortified Green Zone in Baghdad during his Easter weekend visit.

Following a consultation with Pentagon officials, McHenry removed the video and was instructed not to re-air it. Because of the video, the two-term congressman from Cherryville received additional criticism from Sigmon and from potential Democratic challenger Daniel Johnson for possibly putting military personnel in danger.

According to the letter, which Sigmon campaign manager Joe Brannock said was faxed to Sigmon's residence last Friday evening, “said ad asserts that the aforementioned video caused the death of two Americans. This statement is on its face false.”

In addition, McHenry campaign official Rebecca Yount said in an e-mail that contains a copy of the letter, “Mr. Sigmon's most recent television ad contains a number of misrepresentations and falsehoods, exposing him to liability for slander. If the ad is not removed, the McHenry campaign will evaluate its options with regard to a state suit for defamation.”

The statement also directs that additional questions be made to McHenry for Congress attorney R. Kelsey Williams.

Sigmon, a Newton-based attorney who served as prosecutor in the Judge Advocate General's Corps while a member of the U.S. Air Force, issued a swift response to the legal threat. He renewed a call for a congressional investigation into McHenry's actions.

“Mr. McHenry is obviously attempting to distract voters from the real issue - his actions during and after his trip to Iraq,” Sigmon said in an e-mail. “To date, Mr. McHenry has still not personally responded to these concerns. However, through his threats he now has acknowledged that the only way to clear this matter is to have an independent investigation.

“I want to make this absolutely clear - I will not be intimidated or threatened, by Mr. McHenry or anyone else, into removing this political ad.”

Additionally, Brannock said the advertisement will continue to air until the end of the primary campaign.

“We have no intent of editing the ad or pulling the ad altogether,” he said. “We are getting our message out and exposing McHenry for who he is.”

“It's true desperation in trying to silence a message that is factually correct and being listened to by the public. I think you could describe it as two-bit lawyering, to put it in McHenry parlance.”

Printer Friendly Version

E-mail this story to friend