Dodson also alleges that Time “published these false statements with actual knowledge of their falsity because, for example, congressional staffers informed Defendant through its author prior to publication that the article’s premise was flawed” meaning the article ran “with a reckless disregard for the truth.”
Dodson is suing for damages “in excess of $75,000.00.”
Spokespersons for Time, Inc., haven’t responded to TheDC’s request for comment on the lawsuit. The docket report for Dodson’s case on PACER.gov shows no official response from Time. A summons ordering Time to respond “within 21 days after service of this summons on you (not counting the day you received it)” is dated Oct. 15, 2012. It’s unclear if the summons has been served on Time already or if it’s en route.
Through his lawyer, Dodson asked Fortune editor Andrew Serwer to retract the article, arguing the Justice Department’s Inspector General report on Fast and Furious proved Eban’s article was “demonstrably false in many respects.”
Eban disagreed, and then doubled down on her original article. She argued the IG report “appear[s] to corroborate a number of Fortune’s findings: that there was no conspiracy to walk guns, no higher-up plan to do so and that walking guns was not the goal of the investigation, but rather a response to ‘legal and tactical’ circumstances on the ground, as the report states.”
“The facts presented by Fortune do not appear to be in dispute, but on this point the Inspector General has drawn a different conclusion from them,” Eban added.
She and her editors have refused to retract the article.
Dodson did not respond to The Daily Caller’s request for comment.