Yes, I realize I am pretty late with this thread today. However, I got up late and then I had to sort some things out with the new house I’m moving to, so please forgive me my transgression. Here’s the live stream below. A.J. Daulerio, the former Editor-in-Chief of Gawker, was hammered on the stand all morning long. Now they seem to be arguing about whether Bubba the Love Sponge should have to testify or not.
Bubba is trying to plead the 5th…
Bubba the Love Sponge Clem (his legal name, which was changed from Todd Alan Clem) is in a bind…
Though he was a named defendant in Hogan’s original 2012 suit, Clem settled with his old friend within weeks of the initial filing. As an apparent part of the settlement, Bubba read an apology to Hogan on his syndicated radio show. “After further investigation,” he said on October 29, 2012, during his WHPT-FM/102.5 morning show. “I am now convinced that Hulk Hogan was unaware of the presence of the recording device in my bedroom. I am convinced he had no knowledge that he was being taped. Additionally, I am certain that he had no role in the release of the video.”
These remarks are significantly at odds with Clem’s on-air rant on October 16, 2012 — the day after Hogan filed suit against him. “There were three people in that home. All three knew what time it was,” Bubba raged. “You know I have surveillance. You knew of everything going on … But now that your feelings are hurt … you’re trying to cover your ass with your wife and your jobs and your social standing.”…
It’s not against the law to lie like a rug in public; but in court, Bubba Clem will be required to decide on one of these two versions of events, while the other, widely available in public, is staring the court in the face. It is impossible, for me at least, to see how the two statements can coexist in that order in a rational mind; how can Clem have been completely convinced that Hogan “knew of everything going on,” and then later convinced that he knew nothing? When we consider A.J. Daulerio’s testimony of Monday morning, which included his assertion that the tape began with Bubba saying to Hogan and Heather Clem, “You go and have fun,” or words to that effect, it seems clear that Bubba is plain in the soup…
According to Bixenspan, the few redacted documents we have relating to that investigation reveal, “that Mr. Clem told the FBI the opposite, stating to FBI agents that Bollea knew about his cameras and knew he was being filmed during his sexual encounter with Ms. Clem … If Bubba Clem did lie to the FBI, he would, technically, be incriminating himself by testifying under oath again to the opposite scenario during the Bollea v. Gawker trial.”
Gawker is now busy arguing that the entire trial should now be thrown out as a result of his refusal to testify without invoking his 5th Amendment privilege. Anyway, before we get to that portion of the tweets from today, let’s start with Daulerio’s testimony.
Gawker's first witness is AJ Daulerio, former editor who posted the Hogan sex tape #hulkvsgawk
— Anna Phillips (@annamphillips) March 14, 2016
Did his departure from Gawker Media in 2013 have anything to do with the Hogan post? "None whatsoever," Daulerio says. #hulkvsgawk
— Tom Kludt (@TomKludt) March 14, 2016
Daulerio asked how Denton compares to the other publishers for whom he worked: "He was the best one I ever worked for." #hulkvsgawk
— Tom Kludt (@TomKludt) March 14, 2016
What did you know abt Hogan pre sex tape?
Daulerio: "That he was one of the best professional wrestlers of all time” #hulkvsgawk— Anna Phillips (@annamphillips) March 14, 2016
Daulerio says he was a WWE fan, watched the first WrestleMania, the plot of which we're now learning all about. #hulkvsgawk
— Anna Phillips (@annamphillips) March 14, 2016
Daulerio recalls watching Hogan wrestle with Mr. T in WrestleMania I. Hogan has kept his head down the whole time. #Hulkvsgawk
— Tom Kludt (@TomKludt) March 14, 2016
Defense now laying groundwork to show that Daulerio knew multiple websites had reported on sex tape, posted still photos. #hulkvsgawk
— Anna Phillips (@annamphillips) March 14, 2016
Daulerio: it did seem strange that Bubba the Love Sponge was OK with his best friend having sex with his wife
— Jennifer Titus (@jenntitus10) March 14, 2016
Daulerio and Gawker attorney emphasizing they didn't pay for tape. The source came to him because he was a fan. #hulkvsgawk
— Tom Kludt (@TomKludt) March 14, 2016
Daulerio stressing that the 1:40 version posted was tame. He says he had no desire to include most graphic portions. #hulkvsgawk
— Tom Kludt (@TomKludt) March 14, 2016
Subtle jab from the defense, which has been implying that Hogan brought more attention to the sex tape himself #hulkvsgawk
— Tom Kludt (@TomKludt) March 14, 2016
Daulerio said celeb sex tape under 4 would not be news worthy. Daulerio now says when he said that he was being sarcastic.
— Jennifer Titus (@jenntitus10) March 14, 2016
Daulerio’s bonus: $2,000. Is that why he posted the story? No. Why? “I had the tape in my possession.” he was interested. #hulkvsgawk
— David Bixenspan (@davidbix) March 14, 2016
"It's not out loud laughter, it's a smirk" seems like AJ is now on trial for the 4 year old remark he made in his deposition #hulkvsgawk
— Kara Smoke (@kbsmoke) March 14, 2016
Hogan attorney Shane Vogt opens with a tense cross-examination of Daulerio, pressing defendant on the 4-yr-old line #hulkvsgawk
— Tom Kludt (@TomKludt) March 14, 2016
Hogan's attorney now implying Daulerio lied on video deposition about child celeb sex tapes. Daulerios says it was sarcasm.
— Jennifer Titus (@jenntitus10) March 14, 2016
Hogan's attorney's drilling Daulerio on child sex tape comment.Making him read verbatim w he said.Daulerio thought people knew he was joking
— Jennifer Titus (@jenntitus10) March 14, 2016
Attorney catches Daulerio contradicting himself on whether he knew Hogan was being secretly taped. Said he did know in 2013. #hulkvsgawk
— Anna Phillips (@annamphillips) March 14, 2016
Hogan attorney: His penis wasn’t newsworthy, right?
AJ Daulerio: Uh, no#hulkvsgawk— Anna Phillips (@annamphillips) March 14, 2016
Gawker attorney says he believes Hogan "has a reputation for dishonesty as well." #hulkvsgawk
— Tom Kludt (@TomKludt) March 14, 2016
But she will allow Clem to be questioned "for the record," but outside the presence of the jury #hulkvsgawk
— Tom Kludt (@TomKludt) March 14, 2016
Another jury question: How do you define any obligation you have to an individual’s privacy?
AJ says it depends on the story #hulkvsgawk— Anna Phillips (@annamphillips) March 14, 2016
Daulerio now done being questioned. Defense now calling Emma Carmichael: former managing editor of Gawker.
— Jennifer Titus (@jenntitus10) March 14, 2016
(She’s now the Editor-in-Chief of Gawker Media-owned Jezebel)
More, from the afternoon session…
Mr. Denton believes posting video of people having sex is journalism?
Carmichael: “In this case it was” #hulkvsgawk— Anna Phillips (@annamphillips) March 14, 2016
Hogan's attny pressed Carmichael on "revenge porn." In redirects, Gawker attorney says the concept was not "big in the public consciousness"
— Tom Kludt (@TomKludt) March 14, 2016
Now we're being shown a Jezebel post abt Tumblr refusing to take down photos https://t.co/CEFQibrYld #hulkvsgawk
— Anna Phillips (@annamphillips) March 14, 2016
Mr. Denton believes posting video of people having sex is journalism?
Carmichael: “In this case it was” #hulkvsgawk— Anna Phillips (@annamphillips) March 14, 2016
2nd jury question: Have you ever had an intimate relationship with Mr. Daulerio or Denton?
Carmichael: no#hulkvsgawk #wtf— Anna Phillips (@annamphillips) March 14, 2016
Up next for the defense is Gawker founder Nick Denton. His husband, Derrence Washington, is here for the testimony. #hulkvsgawk
— Tom Kludt (@TomKludt) March 14, 2016
Denton: “You can call it gossipy. I just call like to call it true.” #hulkvsgawk
— Tom Kludt (@TomKludt) March 14, 2016
Denton says Gawker was created to cover NY media, to tell "the story behind the story." #hulkvsgawk
— Anna Phillips (@annamphillips) March 14, 2016
Denton seems to be enjoying his moment. Gawker's attorney is sort of directing traffic, barely needs to ask ?s. #hulkvsgawk
— Anna Phillips (@annamphillips) March 14, 2016
Why are exclusives important in your business? 'It's part of media.If youre rehashing what's already sad, no real value.'
— Jennifer Titus (@jenntitus10) March 14, 2016
Denton asks for water, and we've only grazed the surface of the Hogan sex tape. I think cross-ex will be held till tomorrow. #hulkvsgawk
— Tom Kludt (@TomKludt) March 14, 2016
Denton says when he told staff to be more "of a hustler" he meant: "Work hard, be dynamic, think, go out and get the story." #hulkvsgawk
— Anna Phillips (@annamphillips) March 14, 2016
That's all we'll get from Denton today. Direct questions will resume tomorrow. #hulkvsgawk
— Tom Kludt (@TomKludt) March 14, 2016
A calm Denton, dressed in a slate gray suit, white button-down shirt and slim charcoal tie, gave an almost professorial rundown of his career to date, which included a high-profile career at The Financial Times with plum reporting assignments in Eastern Europe during the fall of Communism. As his career progressed, the Oxford-educated journalist explained that he wanted to tell stories that pulled back the curtain on newspaper reports.
“I did find newspapers a little restrictive,” Denton said. “If you work for a newspaper, you know the version of a story that appears…it’s accurate…but there are a lot of things missing.”
The “deals” that are done “behind the scenes” and the “strings that are pulled” by publicists are the stories he wanted to tell.
“You can call it gossipy; I like to call it true, reading between the lines,” he said, noting that ultimately the telling of those back-room stories gave him the impetus to start Gawker Media…
The importance of shining a light on “new” material in the form of exclusives and scoops was echoed by Denton during his testimony.
“If all you are doing is repeating or rehashing what other people said…there’s no real point of that,” he said, referring to his mandate to nab exclusives. “It’s supposed to be new…a new idea, a new product, whatever it is.” He explained that this holds true for all publishers, and in the case of digital outlets, it helps drive traffic, which in turn brings in more advertising revenue. Since Gawker Media launched in 2003, Denton noted that the company has published 960,000 posts, or about 100,000 stories a year, which equates to 2,000 posts a week.
In 2012, when he served as publisher, Denton told his 60-person editorial staff via a memo to “be even more of a hustler” in order to drive traffic. Reporters who earned more unique views would be up for higher bonus compensation. While Denton explained in court that he meant for reporters to “provoke conversation and be aggressive,” Bollea’s defense team claims that mandate was key in the decision to post the sex clip.
Tomorrow, I will be giving my own live reaction to the Denton cross-examination, which I’ve been waiting for this whole trial. I imagine that Hogan’s lawyers are going to go pretty damn hard on him. I think this is a pretty good recap for today. Also, keep in mind that media types are busy spinning outrage over the question to Jezebel Editor-in-Chief Emma Carmichael about whether or not she ever slept with Denton (who is gay) or A.J. Daulerio. It was out-of-bounds, I must say, but it’s not worth diverting attention away from the key issues at play in this trial.