In a significant development in the ongoing legal battle between Morgan McComb and Texas State Representative Jeff Leach, McComb’s attorney, Paul Davis, has filed a compelling response to Leach’s motion to dismiss the case. The document, which is now publicly available, provides a robust rebuttal to Leach’s accusations and presents a strong case for the continuation of the lawsuit.
The lawsuit was initiated by McComb, a staunch supporter of Texas independence, in response to a tweet by Leach that accused her and other TEXIT supporters of treason and sedition. Leach’s tweet, according to Davis, falls within the elements of defamation per se.
In his response, Davis refutes Leach’s claim that McComb is using a SLAPP (Strategic Lawsuit Against Public Participation) strategy. He argues, “If any party to this lawsuit is attempting to stifle free speech and limit public participation, it is not Morgan McComb, it is Jeff Leach.” This statement powerfully counters Leach’s accusations and highlights the real issue at hand – the attempt by Leach to limit public participation through false accusations.
Davis further emphasizes that Leach’s status as a legislator and a lawyer could easily convince a reasonably informed reader that advocating for Texas independence is a crime, which is not true. He states, “Leach’s status as a legislator and a lawyer certainly had the propensity to convince a reasonably informed reader in today’s society that support of Texit amounts to the crimes of treason and/or sedition.”
The document also highlights that McComb did not expect Leach to defame her. Despite her frequent tweets to him over several years, Leach rarely responded, so she had no reason to expect a defamatory response. This point further strengthens McComb’s case and undermines Leach’s defense.
In a particularly striking section of the response, Davis refutes Leach’s claim that McComb invited the defamation. He argues that issuing warnings to the public to cease and desist false criminal accusations or face a potential defamation lawsuit is not a “SLAPP Strategy.” This argument effectively dismantles Leach’s defense and underscores the validity of McComb’s lawsuit.
The document concludes by asserting that Leach should be held accountable for his defamatory statements against McComb and other supporters of Texas independence. Davis states, “Leach has been able to get away with his defamation campaign accusing Texit supporters of treason and sedition because collectively labeling a large group of individuals as criminals is not actionable defamation under Texas law.”
This legal battle is a crucial one for all supporters of Texas independence. It is not just about McComb and Leach; it is about the right to advocate for TEXIT without being falsely accused of criminal activity.
The next hearing in this case will be on August 10th at 1:30 pm at the Parker County Court At Law #2, temporarily located at WILLOW PARK PLACE, 5189 I-20 WEST, SUITE 109, WILLOW PARK, TX 76087. We encourage all TEXIT supporters to attend the hearing and show their support for McComb and the cause of Texas independence.
In addition, we encourage supporters to donate to the TNM Legal Defense Fund at defendtexit.com. Your contributions will help us continue to fight for the rights of TEXIT supporters and ensure that false accusations do not go unchallenged.
Together, we can stand up for our rights and continue to push for Texas independence.