DUNLAP. BENNETTS. CUDWwIie 211 CHURCH STREET, SE LEESBURG, VA 20175-2715 703-777-7318 | FAX 703-777-3656 April 15, 2016 BY EMAIL Aaron Gulbransen 41011 Harwin Circle Apartment 1904 Glen Allen, VA 23060 aaron@actstrategies.com Tom White, Editor Virginia Right! editor@varight.com ‘Re: Demand to Cease and Desist and Take Down Defamatory Publication Dear Mr. Gulbransen, ‘This law firm represents John Findlay. I am writing in reference to the blog posts authored by you that are published at http://www. varight.com/news/aaron-gulbransen-has-some- tough-words-for-va-gop-chairman-john-whitbeck/ (previously published at http://thebullelephant.com/op-ed-whitbeckmustgo/) and also at httpy//thebullelephant,comVupdate-whitbeckhenrico-situation/. These blog posts assert or imply that Mr, Findlay has misused resources of the Republican Party of Virginia for improper purposes or in violation of the State Party Plan. These posts also assert or imply that Mr. Findlay, in his role as Executive Director of the Party, failed to meet fundraising goals and misrepresented the same to party members. These statements are provably false, defamatory, and are causing immediate and serious harm to Mr. Findlay’s professional reputation. Under the laws of the Commonwealth of Virginia, a claim for defamation lies where there has been (1) publication, or communication to another person, of (2) an actionable statement with (3) the requisite intent, Tharpe v. Saunders, 285 Va. 476, 480 (2013). The Supreme Court of Virginia has determined that an actionable statement is a statement that is both. false and defamatory, the latter meaning “tendfing] so to harm the reputation of another as to lower him in the estimation of the community or to deter third persons from associating or dealing with him.” Chapin v. Knight-Ridder, Inc., 993 F.2d 1087, 1092 (4th Cir. 1993). Further, statements are considered to be “per se” defamatory if they “impute to a person the commission of some criminal offense involving moral turpitude, for which the party, if the charge is true, may be indicted and punished . .. impute an unfitness to perform the duties of a job or a lack of integrity in the performance of those duties [or]. .. prejudice such person in his or her profession in trade.” Tronfeld v. Nationwide Mut. Ins. Co., 272 Va. 709, 713 (2006). Here, the statements in the above referenced blog posts were widely disseminated via the blogs where they are posted. These statements are literally false and false by implication, and areAaron Gulbransen Tom White April 15, 2016 Page 2 of 2 plainly defamatory as they have harmed and continue to harm Mr. Findlay’s professional reputation, Indeed, these statements are per se defamatory because they concern Mr. Findlay in the capacity of his profession In light of the foregoing, I hereby demand that you immediately take down the blog posts referenced above and refrain from re-posting them elsewhere ot making any other public statements that allege or imply that Mr. Findlay has misused party resources in any way. I appreciate your prompt attention to this very serious matter, and look forward to the removal of the tortious content discussed above. Very truly yours, x all Ellis L, Bennett Dunlap Bennett & Ludwig PLLC cc: J. Findlay