Abdullah v. Sheridan Square Press, Inc.

161 F.R.D. 25, 23 Media L. Rep. (BNA) 2210, 1995 U.S. Dist. LEXIS 5069, 1995 WL 232790
CourtDistrict Court, S.D. New York
DecidedApril 17, 1995
DocketNo. 93 Civ. 2515 (HB)
StatusPublished

This text of 161 F.R.D. 25 (Abdullah v. Sheridan Square Press, Inc.) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Abdullah v. Sheridan Square Press, Inc., 161 F.R.D. 25, 23 Media L. Rep. (BNA) 2210, 1995 U.S. Dist. LEXIS 5069, 1995 WL 232790 (S.D.N.Y. 1995).

Opinion

MEMORANDUM AND ORDER

BAER, District Judge.

This case involves a claim for libel allegedly arising from the publication of the book Profits of War. Plaintiff now moves for a protective order pursuant to Rule 26(c) of the Federal Rules of Civil Procedure. For the reasons stated below, the motion is granted in part and denied in part.

I. BACKGROUND

Plaintiff Mohammed Radi Abdullah (“Ab-dullah”), a retired colonel of the Jordanian Army, brings this action for allegedly libelous statements that appeared in Profits of War: Inside the Secret U.S.—Israeli Arms Network, a book written by Ari Ben-Me-nashe,1 published in 1992 by defendant Sheridan Square Press, Inc. (“Sheridan”), and thereafter distributed throughout the United States and the United Kingdom. Abdullah is a citizen of Jordan who states that he is currently seeking political asylum in the United Kingdom as a result of the publication of Profits of War. He complains of numerous statements in the book, including those that portray him as an informer for Mossad, the Israeli, intelligence agency, a participant in PLO terrorist activities and its Black September faction, a perpetrator of the deaths of “numerous” Palestinian agents in the 1970s, the Achille Lauro hijacking in 1985, and the attempted bombing of an El A1 plane in 1986, Amended Complaint at 14, ¶34, and an “arms merchant to Palestinian terrorist groups,” id. at 15, ¶ 34(c).

Plaintiff acknowledges that since 1982 “[h]e has pursued a career as a manufacturer’s representative selling military technology and systems to Jordan and other Arab governments on behalf of well known and respected manufacturers of such items.” Id. at 4, ¶ 14. He asserts, however, that contrary to the book’s representations, he has “never sold small arms to any purchaser and has never sold arms to any non-governmental entity, including the Palestinians.” Id. at 15, ¶ 34(c) (emphases added). In addition, Abdullah states that, although Profits of War indicates otherwise, he has never “knowingly accepted funds of any kind from an Israeli source,” id. at 16, ¶ 34(e),2 nor been “recruited to work for any Israeli operation and has not worked with or for any Israeli organization whatsoever,” id. at 16-17, ¶ 34(f).3

Abdullah alleges that the book has “defamed [him] in that he has been branded as a criminal; a terrorist; unreliable; and unqualified to continue in his profession as a trusted Arab military systems consultant and manufacturer’s sales agent for respected military technology manufacturers.” Id. at 20, ¶ 43. Moreover, claims Abdullah, the book’s falsities forced him to flee Jordan, seek political asylum in the United Kingdom, and “remain in permanent exile from his homeland.” Id. Finally, without explicitly alleging that the book caused it, Abdullah relates that he suffered a heart attack “[s]hortly after becoming aware of the allegations being made against him by the book’s author.” PL’s Mem. of L. in Supp. of Mot. for a Protec. Order at 3. While stating that his monetary damages cannot be specified “with accuracy at this time,” Abdullah asserts that they exceed one hundred million dollars for the destruction of his business reputation and five hundred million dollars for his loss of personal reputation. In addition, he seeks one billion dollar’s in punitive damages. Amended Complaint at 21-22, ¶ 44.

While having acknowledged that the book is controversial (for example, the book jacket [27]*27boasts that Profits of War is “the book the Israelis tried to stop, written by the man they said didn’t exist—the book that the CIA tried to sabotage”), defendants answered that all the statements of which Abdullah complains are true. Answer at 2, ¶ 10. Defendants then made numerous discovery requests including those seeking information concerning Abdullah’s commercial armament transactions and a copy of the political asylum application he filed in the United Kingdom. At a discovery conference and in their motion papers, defendants explained that they needed the information concerning Ab-dullah’s military transactions in order (1) to indicate the veracity of the statements concerning Abdullah’s weapons deals with nongovernmental entities and his acceptance of funds from certain parties, and (2) to challenge Abdullah’s claims of losses to his arms business; the asylum application, they believe, among other possibilities, might indicate that Abdullah actually left Jordan for reasons other than the publication of Profits of War. Abdullah then made the instant motion for a protective order pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, stating that disclosure of the armament information would violate Jordanian law, subject him to criminal sanctions including up to fifteen years imprisonment, violate the confidentiality provisions of the arms contracts, reveal closely held business secrets, preclude him from resuming his business by destroying his reputation for reliability in maintaining confidentiality, reveal Jordanian state secrets and the state secrets of nations allied with Jordan by indicating the nature and extent of their arms acquisitions, Pl.’s Resp. to Defs.’ Interrogs. at 1-2 (the “information may allow a reader to discover classified military information [including the] type and number of armaments as well as the nature and capabilities of military technology in place in various nations of the Middle East ... disclosure [of which] would jeopardize the security of the plaintiffs national] clients”), and potentially result in Ab-dullah’s death “by assassination or by hanging,” Amended Complaint at 4-5, 11. Abdul-lah further argued that (1) disclosing the contents of the asylum application would be embarrassing to him, and therefore potentially prohibited by Rule 26(c), and (2) the application is confidential under the laws of the United Kingdom and would allegedly not be discoverable in a court proceeding there, and therefore this Court also should not order its production. Defendants, in turn, criticize what they term Abdullah’s “frivolous argument that he should be able to establish necessary elements of his claim without providing defendants with materials that might prove his testimony false.” Defs.’ Mem. of L. in Opp’n to Mot. for a Protec. Order at 11.

II. INFORMATION CONCERNING MILITARY TRANSACTIONS

I note at the outset that this Court has the power to order disclosure of the requested military information in accordance with Societe Nationale Industrielle Aerospatiale v. United States District Court, 482 U.S. 522, 107 S.Ct. 2542, 96 L.Ed.2d 461 (1987); see also United States v. First Nat’l Bank of Chicago, 699 F.2d 341, 345 (7th Cir.1983) (“The fact that foreign law may subject a person to criminal sanctions in the foreign country if he produces certain information does not automatically bar a domestic court from compelling production.” (citations omitted)). The issue that potentially remains concerns the extent to which United States courts should

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161 F.R.D. 25, 23 Media L. Rep. (BNA) 2210, 1995 U.S. Dist. LEXIS 5069, 1995 WL 232790, Counsel Stack Legal Research, https://law.counselstack.com/opinion/abdullah-v-sheridan-square-press-inc-nysd-1995.