POLITICS + GOVERNMENT

McMullin seeks reschedule of deposition in lawsuit over attack ad

Oct 14, 2022, 12:24 PM | Updated: 4:11 pm
Evan McMullin will not show up to a deposition scheduled for the same day as his debate with Sen. M...
Independent U.S. Senate candidate Evan McMullin chats before a press conference about special interest groups running misleading ad campaigns against him at the Hilton Salt Lake City Center in Salt Lake City on Thursday, Sept. 29, 2022. (Kristin Murphy/Deseret News)
(Kristin Murphy/Deseret News)

SALT LAKE CITY — Lawyers for Evan McMullin argue a scheduling issue has them seeking to reschedule a deposition. It’s over a lawsuit where he says a conservative super PAC doctored his words.

The deposition is currently scheduled for the same day McMullin is set to hit the debate stage with Republican Sen. Mike Lee.

A scheduling conflict

McMullin’s lawyer, Bobby Harrington, says the deposition should take place on a day that works for all parties.

“We don’t think it’s a coincidence that Club for Growth Action wants to take Evan McMullin’s deposition on such short notice. And on the very day of his debate with Mike Lee,” said Harrington to KSL NewsRadio. “Our view is simply that the deposition should take place on a day that works for all the parties in this lawsuit. Not just the one that Club for Growth Action finds politically expedient.”

Harrington says he’s working with Club for Growth Action on finding a better date. 

“We had a nice back and forth and they understand that that date doesn’t work,” said Harrington. “There’s just a couple other pretty technical legal issues involved that, in our view, would impact the sequencing of when the deposition would take place. Part of that relates to the Club for Growth Action’s move to sever the lawsuit against the local stations.”

“We need some certainty on where that lawsuit is going to go, and have an understanding of which parties are going to be a part of this action before a deposition would be most meaningful.”

When asked for comment, Club for Growth Action said McMullin won’t give them another possible date.

“He’s refusing to do the deposition next week. He’s also refusing to give us a date for a future deposition. By ducking his requirement to testify, he’s avoiding questions about his accusations and past statements while also using Utah courts to censor the political debate,” said David McIntosh with Club for Growth Action.

Three television stations airing the ads have been named in the suit. Harrington says those stations have not responded to the suit, and therefore don’t have depositions scheduled yet.  He said they still have time to do so. 

“The stations still have a couple of weeks — at least — in which they can answer the complaint or respond otherwise. They haven’t yet done so, which is as expected,” said Harrington. “And we think it makes sense to hold the deposition after they’ve retained counsel, that counsel has appeared in the case, they’ve responded and we’re sort of all systems go.”

Club for Growth’s response

Club for Growth wants the lawsuit tossed because they say their ad is true. 

In a statement on their website Friday morning, the group said the McMullin campaign continues “to use the judicial system to censor political speech.

“Earlier this week, representatives from Club for Growth Action met with Evan McMullin’s lawyers where his lawyers made clear that McMullin would refuse to attend his Monday deposition, and the campaign would continue to use the judicial system to censor political speech.

“Evan McMullin thinks it’s the job of courts to cover-up his past personal attacks on conservatives, and he doesn’t even think he’s supposed to answer for the frivolous and absurd accusations against Club for Growth Action as well as Utah television stations,” said Club for Growth Action President David McIntosh. “Utah needs a principled and thoughtful politician like Mike Lee in this Senate seat, not a performance artist.”

Lindsay Aerts contributed to this article.

 

Today’s Top Stories

Politics + Government

Rep. Hakeem Jeffries becomes the first Black lawmaker to lead a political party in the U.S. Congres...
Daniella Diaz

Rep. Hakeem Jeffries to succeed Pelosi, the first Black lawmaker to lead a party in Congress

At 52, Jeffries represents a generational change from the current House Democratic leaders, who are three decades older than him.
4 days ago
The US Senate has passed a bill protecting same-sex and interracial marriage. It now returns to the...
Ali Zaslav and Ted Barrett

Senate passes bill to protect same-sex and interracial marriage in landmark vote

The bill does not set a national requirement that all states must legalize same-sex marriage. Instead, it requires states to recognize another state's legal marriage.
5 days ago
Former Vice President Mike Pence is seen here with audience members after appearing at at CNN town ...
Veronica Stracqualursi, CNN

Pence says Trump was ‘wrong’ for dinner with Holocaust denier

Former Vice President Mike Pence says former President Donald Trump was wrong for having dinner with a Holocaust denier and should apologize for it.
5 days ago
A ballot drop box is pictured. Those wanting to vote in the utah primary election can still vote in...
Sydnee Gonzalez

Analysis shows ‘sizable’ gap in Salt Lake’s west side/east side voter turnout

Voters on Salt Lake City's west side turned out for the 2022 midterms at a much lower rate than their east-side counterparts.
11 days ago
The Supreme Court on Tuesday cleared the way for the Internal Revenue Service to release former Pre...
Ariane de Vogue, CNN Supreme Court Reporter

Supreme Court clears way for House to get Trump’s taxes

The court's move is a loss for Trump, who has sought to shield the release of his tax returns and is currently under multiple investigations.
12 days ago
The Biden administration is again extending the pause on federal student loan payments....
Arlette Saenz and Katie Lobosco, CNN

Biden extends student loan repayment freeze as program remains in court

The latest extension comes as the Biden administration's student loan forgiveness program remains tied up in the courts.
12 days ago

Sponsored Articles

Spicy Homemade Loaded Taters Tots...
Macey's

5 game day snacks for the whole family (with recipes!)

Try these game day snacks to make watching football at home with your family feel like a special occasion. 
Happy joyful smiling casual satisfied woman learning and communicates in sign language online using...
Sorenson

The best tools for Deaf and hard-of-hearing workplace success

Here are some of the best resources to make your workplace work better for Deaf and hard-of-hearing employees.
Team supporters celebrating at a tailgate party...
Macey's

8 Delicious Tailgate Foods That Require Zero Prep Work

In a hurry? These 8 tailgate foods take zero prep work, so you can fuel up and get back to what matters most: getting hyped for your favorite
christmas decorations candles in glass jars with fir on a old wooden table...
Western Nut Company

12 Mason Jar Gift Ideas for the 12 Days of Christmas [with recipes!]

There are so many clever mason jar gift ideas to give something thoughtful to your neighbors or friends. Read our 12 ideas to make your own!
wide shot of Bear Lake with a person on a stand up paddle board...

Pack your bags! Extended stays at Bear Lake await you

Work from here! Read our tips to prepare for your extended stay, whether at Bear Lake or somewhere else nearby.
young boy with hearing aid...
Sorenson

Accommodations for students who are deaf and hard of hearing

These different types of accommodations for students who are deaf and hard of hearing can help them succeed in school.
McMullin seeks reschedule of deposition in lawsuit over attack ad