Orbital Sciences threatens lawsuit:

NASA WATCH:
Orbital Demands Story Retraction
Editor's note: This email from Orbital's David Freeman arrived at SpaceRef this evening - after business hours. As such, the person sending the email is not available by phone. Aside from a call from a mid-level employee at Orbital - someone not affiliated with Orbital's public affairs or legal office - no one has contacted me by phone from Orbital in an official capacity to say which items in this article are true or untrue. Nowhere in Freeman's email does Orbital specifically admit or deny anything that appears in my story. If Orbital wishes to provide a sentence by sentence rebuttal, I will post it. If my understanding of what "Orbital officials or others have subsequently rebutted" is flawed then perhaps Orbital will tell me what I got wrong. If I am incorrect, I will apologize - and if need be, retract. Please advise.

Now they are going to threaten me with legal action. Any help from NASA Watch readers would be appreciated.

From: David Freeman
Date: Tue Nov 9, 2004 6:35:37 PM US/Eastern
Subject: Feedback Message from SpaceRef Web Site
Name: David Freeman
Subject: Libelous Article Regarding DART Program
Message: Dear Mr. Cowling:

I am an in-house counsel for Orbital Sciences Corporation, and on behalf of Orbital I demand the immediate retraction of your article published at SpaceRef.com, entitled "A DART Near Miss: Infighting at Orbital and Deceiving NASA, and dated Tuesday, November 9, 2004.

The headline is absolutely incorrect and the article is packed with both errors and innuendo. This kind of headlining and unsubstantiated storytelling is irresponsible journalism at its worst, and we expect a full retraction of this article by noon tomorrow, 10 November. Otherwise, we will take appropriate legal action.

This demand is made even given the Update subsequently posted at the end of your article. Rather than admit that there was no factual basis for your original article, you have simply made limited revisions to your original story solely on the basis of your own flawed understanding of what Orbital officials or others have subsequently rebutted.

Please acknowledge this communication and state your intentions immediately.

Sincerely,
David B. Freeman
Vice President and Assistant General Counsel
Orbital Sciences Corporation
(703) 406-5521
freeman.david@orbital.com
Date sent: (11/9/2004 3:35:37 PM)