Bonnie Ebstyne 80yrs old with her 2 grandchildren
Former US Senate candidate and millionaire Jim Lamon has sent a Cease and Desist letter to an 80 year old woman to silence and censor her political freedom of speech. Bonnie Ebstyne, the Chairwoman of an educational 501c(4) organization, received a Cease and Desist letter sent by Lacy Cooper with Schmitt Schneck Evan & Williams, P.C. on Wednesday, September 20, 2023. The letter cites posts that Bonnie allegedly made on social media involving AZGOP Chairman Jeff Dewit and the common staffer Nick Ivory. Nick Ivory is currently the Executive Assistant for Dewit, and was employed by Lamon’s 2022 Senate campaign. The letter also mentions other allegations involving support for Presidential candidate Ron DeSantis. Bonnie is turning 81 years old on this Christmas Day. Below is one of her alleged statements from the letter:
“This statement by MCRC Vice Chair Shelby Busch speaks for all of us who have been dismayed & shocked by not only the lack of leadership by AZGOP Chairman Jeff DeWit but by his outright abusive and hostile behavior to substantial numbers of our Republican Party. It does raise questions as to who he actually believes he is working for. It raises questions about his integrity, loyalty, judgement & sincerity. Nick Ivory, his Executive Assistant (and who was Jim Lamon’s Campaign Manager), and Jim Lamon tell me DeWit is working for Ron DiSantis and that he and Lamon (as well as I know Establishment figures like Nancy Ordowski & Bob Hathorne (who have been working with DeWit) ridiculously do not believe fraud is a problem with our elections. They, as part of a larger group of the Old Guard, do not think Donald Trump & Kari Lake were good candidates, partially because of THEIR calling attention to the massive corruption of our elections. Massive amounts of evidence have been presented by EXPERTS in public forums, (which I personally took the time to attend so I would know the TRUTH). AND I do not remember any of these individuals I have mentioned, especially Jeff DeWit & Jim Lamon being present. They have chosen either to ignore the Truth – or block the Truth. So are there hidden schemes behind DeWit’s inexcusable, inexplicable actions, not only in the present crisis lama that affects our elections, but even since he was elected. Does he think the backing of the old power mongers of the Party, who scheme with him and scheme against the rest of We the People (as we see in their sick & unprincipled struggle for power in LD3, for example) – that they can protect him from the growing wrath of an abused & betrayed citizenry? It is time for the disgraced Jeff DeWit to step down.”
Jeff Dewit has recently come under fire as the AZGOP has failed to fundraise and taken on debt as well as his questionable support of fake Legislative districts and chairs who suppress the first amendment, other deceptive and dishonest behavior, and is in line with his own precedent of litigation for political disagreements. Mr. Dewit was contacted for comment and provided: “I have no control over what other people do, didn’t have anything to do with it, and in no way, shape or form work for the DeSantis campaign nor any other.”
The letter further asserts:
“It is an absurd and utterly false statement that Jim Lamon told you, “DeWit is working for Ron DiSantis [sic].” Additionally, your assertion that Jim Lamon does not believe election fraud is a problem is simply not true, as can be easily proven by the many public statements Jim Lamon has made concerning election integrity. Finally, your statement that Jim Lamon has been involved in “hidden schemes” that have improperly influenced Jeff DeWit’s “inexcusable, inexplicable actions” regarding elections is similarly false. Jim Lamon is not colluding with Jeff DeWit to undermine Arizona elections. This allegation is absurd.
As you know, Nick Ivory worked for Jim Lamon on his 2022 Senate campaign. Your statements about Nick Ivory are clearly intended to implicate Jim Lamon. To be clear, it is also a patently false statement that Nick Ivory told you, “DeWit is working for Ron DiSantis [sic],” or that “he and [Jim] Lamon … do not believe fraud is a problem with our elections.”Your statement that Jim Lamon is “back[ing]” Jeff DeWit to “clandestinely work[] to deliver AZ electors’ votes for Ron DiSantis [sic] & to defeat Trump as a Presidential candidate” is patently false. Though you do not mention him by name, the remainder of your disparaging remarks made in these replies are clearly intended to implicate Jim Lamon as well. We are aware that you have made similar remarks in the Patriots of Arizona Telegram chat.
And demands
“that you immediately: (1) remove all defamatory statements you have made against him from public view; and (2) cease and desist making any future defamatory remarks against Jim Lamon. If you refuse to take the necessary steps to remediate the harm you have caused to Jim Lamon’s reputation due to your defamatory conduct, he will be left with no choice but to pursue immediate legal recourse. We truly hope that it does not come to that. “
Under Arizona Law, Defamation Occurs When One:
“publishes a false and defamatory communication concerning a private person, or concerning a public official or public figure in relation to a private matter, is subject to liability, if, but only if, he (a) knows that the statement is false and it defames the other, (b) acts in reckless disregard of these matters, or (c) acts negligently in failing to ascertain them. Antwerp Diamond Exch. of Am., Inc. v. Better Bus. Bureau of Maricopa Cnty., Inc., 130 Ariz. 523, 528, 637 P.2d 733, 738 (1981) (quoting Peagler v. Phx. News., Inc., 114 Ariz. 309, 315, 560 P.2d 1216, 1222 (1977)); see Dube v. Likins, 216 Ariz. 406, 417, 167 P.3d 93, 104 (Ct. App. 2007) (quoting Rowland v. Union Hills Cntry. Club, 157 Ariz. 301, 306, 757 P.2d 105, 110 (Ct. App. 1988)).
Both Jim Lamon and Jeff Dewit Qualify as “All-Purpose Public Figures” in Arizona
In Arizona law, an all-purpose public figure is defined as anyone with “such pervasive fame or notoriety that he [or she] becomes a public figure for all purposes and in all contexts.” As a former Senate Candidate and Current AZGOP Elected Chairman, Both Jim Lamon and Jeff Dewit Qualify as “All-Purpose Public Figures” in Arizona. That means “Plaintiffs who are public figures must prove actual malice to win a defamation lawsuit.“. reference
Telling Screenshots Obtained of Jim Lamon and Bonnie Ebstyne Communications
Screenshots of text messages between Mr. Lamon and Mrs. Ebstyne seem to tell a different story. In one message, Lamon calls Mrs. Ebstyne his friend saying “Bonnie – we agreed to stay friends while we disagree.” Do friends send Cease and Desist letters and threaten lawsuits? With friends like Mr. Lamon, who needs enemies?
A series of texts also shows that Mr. Lamon does in fact very strongly support Ron Desantis saying “I’m all in for winning and Desantis showed how to do that in FL. Wishing you well.” and “Bonnie – no intent to insult.. big respect for you. But I also have huge respect for my fellow decorated military veteran Ron Desantis. We’ve been losing under Trump since 2016 and DeSantis showed us all the winning strategy in FL.” Mr. Lamon even goes so far as to paste in some very outdated poll results showing Trump dropping in the polls. Of course, we all know that Trump has a commanding lead for Republican Presidential Candidate, and in some polls Ron Desantis has fallen as low as fifth place below other candidates. These texts from Mr. Lamon seem to support at least some of Mrs. Ebstyne’s beliefs, and at least partially refute the basis for the Cease and Desist letter.
Mr. Lamon disagreed with many of Mrs. Ebstyne’s views saying “Bonnie.. I appreciate that you have different views than 80% of R’s and I’s. That’s America and I served 6 years in the military to preserve that right. You can’t win elections with those views, but that’s your right. Thanks – Jim.” Mr. Lamon seems to have done a complete 180 from appreciating her views and fighting to preserve those rights. It is strange that Mr. Lamon states that Mrs. Ebstyne has that right of different views and free speech and now seeks to take away that right and silence her views through lawfare and intimidation.
Mrs. Ebstyne provided this quote:
“This is yet another disappointing sign of the times. I can’t take this as anything other than outright censorship & bullying to silence me. My sole concern has been to help our people understand what is the truth when we are surrounded by deception & corruption. In this case “tactics” are being used, by a guy with the means to access a prestigious law firm, to silence me, a little voice, basically, representing the “People”. So Jim (& even DeWit?) get to hide behind a “Cease & Desist” letter because they know there is no way I am able to defend my right to speak now that Lamon has forced it to this level, with a threat to sue me.”
Based on the below screenshots, Mrs. Ebstyne clearly had reason to believe her statements were true. She took steps to ascertain them and was not negligent or reckless. Further, Mrs. Ebstyne’s statements have not caused “material harm” and Mr. Lamon has not proved any material harm. As Mr. Lamon is clearly an “All-Purpose Public Figure” he has no basis for proving “actual malice” in such a defamation lawsuit. This is simply wrongful intimidation by the powerful of an 80 year old woman and must not be tolerated.
Brian Ference is an Independent Journalist and Citizen Reporter covering Politics in Arizona.
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