Delco Defam Case Asks Are Public Officials Public Officials — The pre-trial conference for James Savage’s other defamation case was held this morning, Nov. 25, before Delaware County (Pa.) Common Pleas Court Judge John Whelan.
Savage was Delco’s voting machine warehouse supervisor during the 2020 election. His co-plaintiff is Jim Allen who directs the county’s Bureau of Elections.
Representing them is attorney John Rooney, who replaced J. Conor Corcoran.
Being sued are Greg Stenstrom and Leah Hoopes, authors of The Parallel Election; Newsmax, a news network; Margot Cleveland of the Federalist; and former Trump Deputy Press Secretary Hogan Gidley who commented on the matter while representing America First Policy Institute.
Whelan is asked to rule whether the statute of limitations passed due to service of summons not being timely and whether Savage and Allen are public officials.
Public officials have a significantly higher burden to prove defamation. Rooney argued that Allen and Savage were not public officials but private citizens, a claim Whelan treated with obvious skepticism. The defendant attorneys cited numerous instances as to why they were public officials. Ms. Hoopes presented two folders of information as to why they should be considered such and Stenstrom noted that machine warehouse supervisor is one of the few statutory roles cited in the state Election Code.
Whelan also expressed concern as to how the summons for the case was handled.
Stenstrom noted that Savage lost a similar defamation case before Philadelphia Common Pleas Court Judge Michael E. Erdos. February, and that he shouldn’t be allowed a second bite of the apple.
Allen was not a plaintiff in that one.
Corcoran was sanctioned in March for his behavior in the case forcing him off the Delco case.
Erdos specifically accused Corcoran of practicing lawfare, said Stenstrom.
Stenstrom and Ms. Hoopes are representing themselves. They noted they actions by the plaintiffs over the past three years have caused tremendous personal burdens for both.
At issue, are videos taken by a whistleblower that appear to show Allen and Savage breaking election law.
Rooney says the video shown on Newsmax are “doctored” because words have been imposed on it.
Stenstrom says that Rooney has not forensically examined the video. He says it is accurate and that he has submitted it under penalty of perjury to numerous courts and law enforcement agencies including the Pennsylvania Attorney General and Delaware County District Attorney offices.
He has yet to be charged with a crime.