Watergate fallout

I have been one tired city hall reporter over the past few days. Council was in camera until after midnight on Wednesday night (or should I say Thursday morning) deciding what to do about Khan's email, and the last few days of the week were spent chasing this story from all angles. Check out the follow-up stories here and here for an update.

Yesterday, we learned that Jim Harnum, senior director of Environment and Sustainable Infrastructure, is suing Abdul Khan for libel.

We were emailed a copy of a letter from Harnum's lawyer, and it sounds like he means business. Here is a partial transcript:

Dear Mr. Khan,

On December 9th, you published a grave libel of Mr.Harnum. You have published these false words to the world. Your entire publication is libellous of Mr. Harnum, but I will, for the purposes of this letter, concentrate on a few of the more outrageous allegations.

The letter then summarizes Khan's allegationsabout Harnum's knowledge of the potentially carcinogenic material in Hamilton's drinking water, lead levels in Lynden's drinking water, and Khan's claim that Harnum "stole cash from the City of Hamilton."

The letter continues:

I will not catalogue the other libels.

Counsel will tell you that damages are at large (sic) in libel actions. The damages could be immense.

This letter will be referred to in the court proceedings instituted by Mr. Harnum.

Yours very truly

Julian Porter 

Comments

[sanity]

good attempt by Harnum to silence khan and divert attention from the real issues. why doesn't he answer the real issue. why would you release the letter to the media and tell media that he has retained two high profile lawyers. in the letter harnum lawyer mentions things that i didn't even find in khan's letter.

for example, no where has khan said that harnum stole money from the scrap - what he alleged is that he was informed by staff that harnum authorized its sale and when he approached harnum for resolution - he decided not to deal with it.

similarly, i tried to find the other issues taken up by harnum's lawyers. i repeatedly went through khan's letter but didn't find those things either. further there are many issues that harnum is not contesting - like the big one for me is about misleading public and council about the costs of sewage plant - the billion dollar hole that harnum has been digging for the city. is it safe to assume that harnum is conceding on this and many other issues.

it seems to me that harnum is trying to bully khan into submission.

i am sure the courageous khan will not let us all down. we all stand by you.

[Tom Robertson]

I hope Mr. Harnum's legal costs are at his own expense and not those of the Hamilton taxpayer. The Spec should investigate who is picking up the tab.

[Mark-Alan Whittle]

So Harnum has hired Julian Porter to mount his "libel chill" offense against Mr. Khan.

Every lawyers letter always sounds serious, especially when he only knows as much as his client is willing to tell him.

Considering the fee's Julian charges, no wonder the costs could be immense, just his billings alone would make the average persons hair curl.

One thing the taxpayers can be glad for is we won't be footing the bill this time.

Heres a blurb from his web site where he brags about who he has stuck the fork in, and for whom.

Looks like he's on the wrong side of the Angels on this one, in my humble opinion.
--
He has defended many of Canada’s leading writers, publishers and magazines in libel matters and has acted for a large number of plaintiffs suing newspapers and television stations. Lexpert has, for a number of years, recognized him as a leading practitioner and one of the most frequently recommended in the law of defamation and he is included in The Best Lawyers in Canada. He is currently engaged in a number of libel cases.

[Michelle Hruschka]

I would like to know what Mr Harnum's credentials are. It states in The Spec he started out as a back hoe operator, Mr Khan states he was the only Professional Engineer on the team.

Emma can you do some digging for us about Mr Harnum's education?

I have heard comments out in the community that some people think that city staff bully council all the time.

Council is elected by the people, they should be standing up for us, "WE THE PEOPLE".

I agree with Tom, Mr Harnum should pay his own legal bills.

A TRIBUTE TO MR KHAN:

http://www.youtube.com/watch?v=UimHzaL6tMQ&feature=related

[jabberwocky]

With Apologies to Dr. Seuss, I think Mr. Kwan deserves a poem inspired by his heroic acts. If I’m wrong about him, I will be the first to apologize. (Note: all characters are fictitious. Any resemblance to real life people is strictly coincidental.)

You’re A Mean One, Mr. Kwan

You’re a mean one, Mr. Kwan
You really are a heel
You’re as cuddly as our sludge,
You’re as charming as our steel,
Mr. Kwan

You’re bad karma
For our town.

You’re a monster, Mr. Kwan
Your heart is full of waste
Your brain is water-logged
Your buds have lost their taste,
Mr. Kwan

I would cover you with
thirty-nine-and-a-half feet of Woodward paste.

You’re a vile one, Mr. Kwan.
You have guile in your smile
You have all the icky slickness
Of putrid, smelly bile.
Mr. Kwan.

Given the choice of who to be with
I’d pick the putrid, smelly bile.

You’re a foul one, Mr. Kwan.
You are ready to apologize.
Your veneer is so sublime,
When you bow and demonize.
We’re not fooled by your slime.
Mr. Kwan.

The three words that best describe you,
are whine, whine, whine.

You’re a rotter, Mr. Kwan.
You’re the king of cheapest shots.
Your heart’s a biosolid
Mouldy, stinky and squalid,
Mr. Kwan.

Your soul is like a wet-well
Abundantly overflowing,
A disgusting potpourri of everything
Hamiltonians flush away into the bay

You nauseate me, Mr. Kwan.
With a sickening mish and mash.
You’re an angry ex-employee
Out to get your pound of flesh
Mr. Kwan.

You’re a three decker stool sandwich.
With lead sauce from Lyndentown.

[kk55]

quote by eisenberger
I have no doubt that our city staff will be exonerated on most, if not all, these allegations.

meaning we will pay our lawyers as much money as possible to make this disappear like we've done so many other times.

time to bring the coolaid out.

[Mark-Alan Whittle]

One would think that this Porter fellow would do a little reading first, before firing off that "libel chill" missile in Mr. Khan's direction. Porter is the "King of lost causes" if his resume is to be believed. No wonder Harnum hired him, given the revelations. I wonder who the other firm is that Harnum hired? Only the guilty need that kind of help, in my humble opinion. And what about all the leaks, city hall is like a sieve? What's with that?

[jabberwocky]

I think this scans better:

With Apologies to Dr. Seuss, I think Mr. Kwan deserves a poem inspired by his heroic acts. If I’m wrong about him, I will be the first to apologize. (Note: all characters are fictitious. Any resemblance to real life people is strictly coincidental.)

You’re A Mean One, Mr. Kwan

You’re a mean one, Mr. Kwan
You really are a heel
You’re as cuddly as our sludge,
You’re as charming as our steel,
Mr. Kwan

You’re bad karma
For our town.

You’re a monster, Mr. Kwan
Your heart is full of waste
Your brain is water-logged
Your buds have lost their taste,
Mr. Kwan

I would smear you with
thirty-nine-and-a-half feet of Woodward paste.

You’re a vile one, Mr. Kwan.
You have daggers in your smile
You have all the icky slickness
Of putrid, smelly bile.
Mr. Kwan.

Given the choice of who to be with
I’d pick the putrid, smelly bile.

You’re a foul one, Mr. Kwan.
You’re ready to apologize
With veneer that’s so sublime
While you bow and demonize,
Spewing out self-serving slime.
Mr. Kwan.

The three words that best describe you,
Are whine, WHINE, WHINE.

You’re a rotter, Mr. Kwan.
You’re the king of cheapest shots.
Your heart’s a biosolid
Stinky, mouldy and quite squalid,
Mr. Kwan.

Your soul is a wet-well chock-filled
With every ugly solid
Deserving to be flushed.

You nauseate me, Mr. Kwan.
With a sickening mish and mash.
You’re a seething ex-employee
Out to get your pound of flesh
Mr. Kwan.

You’re a three decker stool sandwich.
With lead sauce from Lyndentown.

[Michelle Hruschka]

Mark Alan: Could it be that the snakes are starting to turn on each other?

[Tom Robertson]

Emma... Could you please put a direct question to our Mayor. Ask if if the city is picking up the costs for Mr. Harnum's legal expenses on this issue. If he cannot come out and say "NO" but dodges around the issue we will then know the answer is "YES". I am sure we will all be waiting to here what the Mayor's response is.

[Ed]

Its getting harder and harder to even bother commenting on the constant crud that is cityhall. But of course, that would play right into their hands. After all, they give us these little places to vent. They figure, give the peons a venue to twist and shout and they'll feel better, and then in the end they'll do nothing. We never do so its a perfect plan. My poor hard earned tax money going to yet more lawyers and consultants while the city continues their habitual lying about being broke. Mr Rossini must be either some kind of god or a member of the ultimate organization behind the true running of Hamilton.

[Emma]

Hey guys - I believe Harnum is paying for his lawsuit out of his own pocket, but I'll check on this today and get back to you.

[Mark-Alan Whittle]

Hi Emma, us over-taxed residents appreciate your efforts at trying to get at the root of the problem at hand.

And what about Hamilton's own Whistleblower legislation, is that still a pipe-dream, like a mandatory Lobbyist registry, or the enhanced "Code of Conduct" for local politicians?

All talk, no action Hamilton Council is.

[WRCU2]

In all fairness to jabberwocky, whom I respect as a Seuss fan
with the delightful play on words and names including a fine
repertoire of foul substances down at the plant, I salute U!

Mr. Fox!
I hate this game, sir.
This game makes
my tongue quite lame, sir.

Mr. Knox, sir.
what a shame, sir.

We'll find something
new to do now.
Here is lots of
new blue goo now.
New goo. Blue goo.
Gooey. Gooey.
Blue goo. New goo.
Gluey. Gluey.

Gooey goo
for chewy chewing!
That's what that
Goo-Goose is doing.
Do you choose to
chew goo, too, sir?
If, sir, you, sir,
choose to chew, sir,
with the Goo-Goose,
chew, sir. Do, sir.

Mr. Fox, sir,
I won't do IT.
I can't say IT.
I won't chew IT.

Very well, sir.
Step this way.
We'll find another
game to play.

Fox in Socks 1965

[Mark-Alan Whittle]

The most entertaining part is the various reactions of local politicians and spin doctors holding forth on the matter, the war has taken to the air on blogs, with hyperbole abound.

Come on Emma, this is Tony Soprano stuff, he-he. I can see that Hamilton made episode in my minds eye, just like for real.

Law suits are flying and various sides are being pre-judged and taken in a vaccum, outside the in-camera meetings set forth to deal with it by duly elected council.

Ho, ho, ho Emma, Merry Christmas!

[Michelle Hruschka]

Yes, the spin doctors have come out and voiced their opinions. Labelling Mr Kahn as a disgrundtled employee, yet they have failed to actually talked about the real issues.

If you get the chance, rent this movie "Prisoner of Honor" starring Richard Dreyfus, it tells the story of the Dreyfus affair which rocked France in the 1890's.

It clearly shows the depths, what the powers to be, will do, to cover up a wrong doing, when it is exposed.

Then took place between General Gonse and Picquart this memorable dialogue ["Le Procès Dreyfus Devant le Conseil de Guerre de Rennes," I. 440, 441, Paris, 1900.]:

"What can it matter to you," said the general, "whether this Jew remains at Devil's Island or not?"
"But he is innocent."
"That is an affair that can not be reopened; General Mercier and General Saussier are involved in it."
"Still, what would be our position if the family ever found out the real culprit?"
"If you say nothing, nobody will ever know it."
"What you have just said is abominable, General. I do not know yet what course I shall take, but in any case I will not carry this secret with me to the grave."

Colonel Picquard, was a principled man,he was charged with treason for telling the truth, but in the end the truth set both Picquard and Dreyfus free.

We want the "TRUTH"

[craig duvall]

We can't handle the TRUTH, thats what the coucil thinks anyways

[Emma]

Folks: Jim Harnum's lawsuit is personal. It won't be on the city's tab.

Also, Michelle - I'm not sure what Harnum's background is. All I know is that he came to Hamilton from Peel Region in 2001 and that he's currently completing his MBA. If I can dig up anything else I'll be sure to post it.

[Michelle Hruschka]

Craig: We can handle the "TRUTH", it would be the fall out, that the powers to be could not handle.

Thanks Emma: He is only just completing MBA? Something does not seem right, as other students completing this program would most likely end up in entry level jobs, not top positions.

[Mike Russell]

I see all the usual conspiracy theorists are out in force as usual.

This is just one mans allegations. Lets wait and see what an investigation turns up. We can't just assume that everything Mr. Kahn says is true, just because you want to believe it's true. There has to be some sort of proof. If there is proof it will come out in an investigation.

As for Mr. Harnum and his lawsuit threat, can you blame him. If these allegations come to nothing and are found to be just rantings from a disgruntled former employee, the damage will already have been done. Protecting yourself, is not an admission of guilt.

[Tom Robertson]

Emma.. There are still unanswered questions. Have the Police been called in yet to investigate or is the city waiting for all evidence to be cleaned up before they are called? What about the independent investigation? Has anything been initiated or is Council dragging its feet hoping the issue will disappear until after the election?

[Mark-Alan Whittle]

The only thing I know for sure Tom is that there will not be a forensic auditor looking over the books.

I also know, according to the Spectator, Mayor Fred will be doing everything in his power to get to the bottom of it, wherever that may be and that the Police are awaiting the officially written ask for a criminal investigation.

Other than that, who knows what the future will bring as events unfold. Things have calmed down for the moment.

[Tom Robertson]

Mark That things have calmed down is exactly what the city wants, hoping the issue will go away. The taxpayers deserve better than that from our elected representatives.

[Michelle Hruschka]

Here is something for everyone to read:

http://www.thehamiltonian.net/2009/12/informed-opinion-on-abdul-khans.html#comments

[WRCU2]

Cal DiFalco has done another interview with a retired
WWTP ORO (Woodward Wastewater Treatment
Plant Overall Responsible Operator).
You may adorn the interview with
Roger Lambert at The Hamiltonian:

http://www.thehamiltonian.net/2009/12/informed-opinion-on-abdul-khans.html