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February 28, 2004
The Story of The Blakey Report
By QBlog in
I have pulled The Blakey Report from my site. If you would like a copy of the report, you can download the pdf from either Scott Larsen's AmQuix site or Dave Touretzky's Amway/Alticor/Quixtar Sucks! site.
Explanation Part I
When I posted a copy of The Blakey Report on Feb. 9, I had absolutely no idea it was under a Protective Order. Nothing in the report gave any indication that the information was confidential. There was no "CONFIDENTIAL" stamp on any of the documents and I just thought it was an interesting report from the guy who wrote the RICO Act. In fact, I felt that the most compelling thing about the report was not so much what it said but who wrote it.
Two days after posting the report I got a call from an Amway attorney named Brad Harrigan. Brad claimed that the report was sealed (under a Protective Order) and wanted to know how I got the report. At the time, I had no idea if Brad was really an Amway attorney or just some punk kid with too much free time. I mean, he didn't even send me an email or anything. Just called me up out of the blue and started requesting information. I generally don't give out info over the phone to complete strangers and I wasn't about to start with Brad.
On Feb. 20, I received a registered letter from an Amway attorney in Houston named Richard E. Griffin (go Hawgs!). The letter basically said that The Blakey Report was sealed and that I should remove it from my site. The letter also vouched for Brad Harrigan and explained that he wasn't some punk kid but an actual, real life, honest-to-God Amway attorney. Here's a copy of the letter if you'd like to read it.
Explanation Part II
Well, as much as I'd like to believe everything I read, as a journalist, I know better. I had already reviewed the Protective Order and my non-lawyer interpretation was that The Blakey Report was not sealed. But, since I'm no lawyer (thank God) I felt it was important to seek out the opinions of people closely involved with the court case. I made a list of people who should know whether or not the report was sealed. Here's my list:
G. Robert Blakey - the author of the report
The Attorneys for Proctor & Gamble - the plaintiffs
I called Professor Blakey and his immediate response was that the report was sealed and he was forbidden from even discussing it. Soon after talking to Blakey I called the office of P&G lawyer, Stanley Chesley. I didn't talk to him but one of his assistants confirmed that the report was sealed. I then spoke with Fay Stilz, another P&G attorney involved with the case, and she also said that the report was sealed. It was after speaking to Blakey and the P&G attorneys that I decided to pull the report from my site.
Explanation Part III
I'm not some lawless rebel seeking to wreak havoc on the world by posting every confidential document I can get my grubby hands on. If The Blakey Report had been clearly marked as CONFIDENTIAL then I never would have posted it. However, before pulling it from my site, I felt it was important to check with all parties involved and not just rely on Amway's interpretation of the Protective Order. It was only after verifying that the report was under seal that I decided to yank it from my site.
I hope this adequately explains my actions. If you have any questions, feel free to ask.