GOP Questions Newspaper's Role With 'MD4Bush'

WBAL TV ^ | 11/02/05 | Staff

[nunya bidness]

Here's the latest synopsis:

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MD4Bush Synopsis:

MD4Bush was a poster on Freerepublic from 10/07/04 to 02/09/05 who was a seldom participant on the forum but when he did contribute it was usually in discussing Maryland politics with several comments about rumors of Democrat Baltimore Mayor Martin O’Malley. He had exchanges with NCPAC (now known as former Maryland Governor Ehrlich staffer Joe Steffen) where the subject of O’Malley’s alleged infidelities and the alleged tactics of Karl Rove. On 02/09/05 MD4Bush posted private Freepmails on the open forum between himself and Steffen showing only Steffen’s opinion on the O’Malley rumors with key comments underlined but not MD4Bush’s side of the conversation.

The next morning the Washington Post ran a story entitled Ehrlich Aide Ousted Over O'Malley Rumors which detailed the underlined Freepmail content posted on the open forum and named Steffen. In addition, the reporter, Matthew Mosk, had interviewed the O’Malley camp about the rumors and reported that Ehrlich had accepted Steffen’s resignation. A few months later the Maryland General Assembly formed a Personnel Committee to investigate the alleged unfair firing practices of at-will employees by the Ehrlich administration based on the “dirty tricks” methods of Steffen. When the committee was convened Ehrlich attorney Jervis Finney suggested it look in to the postings of MD4Bush to balance their view on Steffen but he and Maryland Republicans were rebuffed when the committee decided not to grant subpoena power to committee Republicans.

In recent days WBAL radio in Baltimore reported that MD4Bush may be Ryan O’Doherty due to his name being signed on a letter written on 02/09/05 attached to a letter from Finney to the Personnel Committee. Below is the content of the letter:

There will be a big story in the Post either tomorrow or Thursday that credits Gov. Ehrlich's staff for creating and spreading the nasty and untrue rumor about our Mayor and his family," the e-mail reads. It goes on to mention a top O'Malley aide who "asked me to contact you to see if you could show your disgust by calling into WBAL Radio after the story hits ... it is top secret!

There:

“I voted for Ehrlich because I thought he would get rid of the culture of corruption and assassin politics of Annapolis -- he has only made it worse. He should be ashamed of the dirty smear campaign perpetuated by his own staff. It disgusts me to know that my tax dollars paid for this filth.”

This will be the biggest story of the year. Thanks for your help.

Ryan O’Doherty responded to the letter:

Through news outlets over the course of several months, I have learned of the content of this alleged e-mail, and I can say without a doubt that I did not write it. In fact, I did not work for the Democratic Party at the time the e-mail was allegedly sent and I'm even told that my e-mail address shown on the document is incorrect. I'm disappointed someone is circulating a document without bothering to verify its authenticity.

However, another question is still lingering. On 02/11/05 Freerepublic owner Jim Robinson wrote:

I've got some very interesting information for the governor's investigation regarding the Maryland Democrat Party dirty trickster that setup Steffen and the Washington Post reporter er, Democrat operative that was working in concert with him. Almost hoping to receive a subpoena.

Which begs the question: Who was the Washington Post reporter that colluded with MD4Bush? The Washington Post responded through Maryland editor R.B. Brenner in a 11/02/05 article:

Brenner said, "The Washington Post had no involvement in any way in the chat room postings" between Steffen and MD4BUSH. "The Post did not know about them until after they had already occurred, as we have reported."

Brenner said The Post does not know the identity of MD4BUSH, which the newspaper also has reported.

Post reporter Matthew Mosk received printed copies of the message exchanges last fall, Brenner said. To verify they were authentic, he said, Mosk was given sign-on information needed to view the private chat room by an intermediary acting on behalf of MD4BUSH in late January. Mosk used that information to verify that "the chat room messages were genuine," Brenner said. Mosk presented the printouts to Steffen in February to confirm that they represented his words.

The Post’s piece raises more questions than it answers. Did Matthew Mosk collude with MD4Bush to “get” the Ehrlich administration and set up events that provided Maryland Democrats with the ammo they needed to seat a Committee that would burden the Governor during an election year? Furthermore, is former Maryland Democrat Party Communications Director Ryan O’Doherty MD4Bush? Is the "intermediary" his brother Damian O’Doherty esq., chief advisor for Democrat Baltimore County executive Jim Smith? And who is the “Steve” in the “BIG Story” letter? Is it Steve Jost of the Maryland Democrat Party or is it Steve Kearney, Communications Director for Democrat Mayor Martin O’Malley?

[IncPen]

Do the FR server logs provide the incoming ISP when someone logs on? Is the info searchable, and could such a search be comparative based on tags like screen names and FR mail?

I'm not saying you'd want to reveal this in the forum...

But presumably you could pin down who (or what ISP) was signing in as MD4Bush (and from where and as what other screen name) and see who posted in the for umunder those ISP/IPs ...

And maybe you could gain some insight based on the cross reference of ISP addresses, FR mails, postings and a timeline.

Depending on what you collect, you could ID the browser and machine too...

It would be interesting, to say the least, to know how many times this WP reporter was coming in (and from where and what he was doing while signed on). And it would be an interesting exercise to know what other screen names his IP was coming in under.

If nothing else you could put the info up and loose the investigative hounds of FR on them.

Add some outrage and vitriol from a suitably well informed mouthpiece like, say, Rush Limbaugh.. that might just be the ticket

And hey, let's extend the analogy.

If this WP reporter was committing fraud, or participating in a conspiracy (while in the employ of the WP)... well, I'd give a nickel or two to be a fly on the wall in a discovery deposition. And I'd like to see where a creative lawyer for some interested party might drop a subpoena. Hmm.

Just sayin'.

[LowOiL]

Never gonna happen.

I agree, we have seen too many spouces and family members use their love ones accounts on FR and post.

[conservative in nyc]

I suspect you'll find answers at tomorrow's press conference. The FR logs aren't public information. Only Jim Robinson and the moderators know. Although they've dropped a few hints along the way.

[nunya bidness]

Based on Jim's admission, it's clear that he knows who signed on and when they did and where they were.

Perhaps the Maryland Legislature's Personnel Committee could compel their new lawyer Ward Coe III, "independent special investigator", to subpoena just that information.

[citizen]

The private freepmail was posted on a thread. Could the person who posted publicly be not MD4Bush but the Washington Post writer trying to set up a ruse for the method of his discovery?

Could be just that. But risky for the reporter if the excrement hits the fan like it's now doing.

MD4BUSH could swear he didn't post the private email conversations on a public thread.

Can a reporter claim privilege if the source is an illegally accessed email account? I don't think so.

[freekitty]

Depends on who and why the password, if given, was given.

[Anti-Bubba182]

There is some more to this. I have since reviewed the law and conclude that the WP or its reporter could be prosecuted. Hal9000 was correct and I was wrong. Whether it happens or not, I cannot say, but the violation of the statute is pretty clear.

Link

[rudy45]

I'd be interested in knowing the IP address of the computer that posted the FRmails on the thread. If that address is associated with the Post, then they have a big problem, I would think.

[HAL9000]

Also see section 2702 of the ECPA on Disclosure of Contents -

Link

[Anti-Bubba182]

Which specific parts did you think applied in this case?

I am arguing that they exceeded an authorization to access FR by using anothers password which the Users agreement expressly prohibits. They admit they used MD4Bush's password and further claim they do not know who he is. The only way the WP reporter could legally access the FRmails with MD4bush's password would be if the reporter was MD4Bush. I doubt that is the case and view the access as a clear violation of the law.

[HAL9000]

The scenario you describe seems correct for section 2701.

Please disregard my citation of 2702. I was wrong about that. I need to read through the whole ECPA soon.

[shield]

bttt

[freekitty]

That is interesting. Thanks for the link.

[cricket]

So WaPo is sticking with their 'deep throat' story. . .

I hope the FR legal glitch; gets around them and MD4Bush is exposed; and soon. . .rather than having to rely on excellent assumptions.

[doberville]

"They can't get anything right, it seems. I have heard them refer to FR as a 'chatroom' or a 'blog'. It is clearly neither. Its also a clear indication that FR is quite possibly the most power political web site."

I often wonder if they purposefully mis-identify Free Republic as a "blog" or "chatroom" because they know it gets our panties in a bunch. ;0)

[smith288]

I often wonder if they purposefully mis-identify Free Republic as a "blog" or "chatroom" because they know it gets our panties in a bunch. ;0)

Nah. I honestly dont think these elites have the faintest idea what they are writing about. Dont give these numbskulls more credit than they deserve. They are intellectual midgets.

[Whitewasher]

Thank you for that post.