In late March, the New Hanover County Democratic Party filed a grievance to the state party against David Andrews, a Wilmington precinct chair and former top administrator who held several local government roles, including Pender County manager. The grievance included allegations of inappropriate behavior, in some cases while intoxicated, including “unwanted touching” of women.
Andrews has strongly denied all of the allegations made against him, and reiterated that they were “not true” in an email to WHQR on Thursday.
Related: New Hanover County Democratic Party alleges sexual harassment, misconduct by precinct chair
Andrews had also filed his own grievance with the North Carolina Democratic Party, alleging that NHCDP Chairwoman Jill Hopman inappropriately provided support for candidates running against his wife, current Wilmington City Councilwoman Salette Andrews, in the contested Democratic primary for New Hanover County commission. Hopman has denied favoring any candidate, but also noted that doing so would not violate party policy.
Now, Andrews has retained an attorney, sending letters to several local elected officials and members of the county party (NHCDP), some strongly suggesting potential legal action for defamation. He told WHQR the letters were a “standard step” in this situation.
“With respect to the legal notices, I have been advised by counsel not to comment in detail on potential or pending legal matters. Generally speaking, such notices are a standard step taken to preserve relevant information and to address statements that may have legal implications,” Andrews wrote in an email on Thursday. “I am focused on ensuring that any concerns are addressed through appropriate processes and in the proper forum.”
According to documents reviewed by WHQR, the letters sent by attorney Justin Moulin of Port City Family Law appear to fall into two categories: demands for record retention and accusations of malicious defamation.
Document retention
Letters in the first category were addressed to people who “have been identified as a potential witness and/or relevant party regarding defamatory statements issued surrounding” Andrews. The recipients of these letters were “given notice not to destroy, conceal or alter any paper or electronic files and other data,” including social media posts, text messages, emails, and voicemail. The letters noted that “failure to comply with this notice can result in several sanctions being imposed by the Court,” and legal liability.
While the letters remain conditional – including the line, “if we do file in Court” – they suggest legal counsel for Andrews expects to obtain “several documents and things” in the civil discovery process.
According to conversations with at least three people who are familiar with the situation, who agreed to discuss it with WHQR on background, these record retention letters were sent both to people who appear in the NHCDP grievance and those who do not.
Defamation claims
The letters claiming defamation were more strongly worded, and were addressed to those who had made allegations in NHCDP’s grievance or signed it on behalf of the local party, including Clerk of Courts candidate Jennie Wells Thomason, NHCDP First Vice Chair Rachel Hatfield, and NHCDP Third Vice Chair Beth Hanff.
These letters specifically make accusations of “defamatory statements” as defined as “libel per se” by North Carolina law and “demand” remedial action.
According to documents reviewed by WHQR, the letters demanded that recipients “immediately issue a statement which you will post to your individual and political media accounts renouncing your defamatory statements and specifically stating that you have no evidence that Mr. Andrews committed any of these allegations,” and insisted that the recipients get prior approval from Moulin, Andrews’ attorney, before publishing those statements.
The letters also call on recipients to “immediately request that WECT News, WWAY, and WHQR Public Media and any other News Outlet that is covering this story” remove any related articles from their websites.
[Editor’s note: The letters noted that Andrews’ legal counsel is communicating with those news outlets “requesting the same remedial action,” that is, deleting reports about the allegations against Andrews. They also indicate that counsel will “place WECT News, WWAY, and WHQR Public Media on notice that their new[s] story allowed false and defamatory information about Mr. Andrews to be aired without taking the required due diligence.” As of Thursday afternoon, WHQR’s newsroom has not been contacted by Moulin or other legal representation for Andrews.]
The letters close by accusing recipients of acting “recklessly and maliciously” against Andrews, and conclude with a warning, “Take note, if you or anyone on your behalf utters a single additional word that defames Mr. Andrews in any way, we will consider your conduct and action to be further evidence of malicious intent to destroy the reputation of an honest man. Conduct yourself accordingly.”
Moulin’s letters gave recipients until the close of business on April 15 to comply. While WHQR does not have an exhaustive list of those who received letters, no one who signed the NHCDP grievance appears to have retracted their support for it on social media so far.
Andrews’ demands rejected
WHQR is familiar with at least one response to the letters Moulin sent on Andrews’ behalf.
According to documents reviewed by WHQR, Thomason issued a written response, defending her statements and allegations as “accurate and completely truthful,” and arguing they were thereby not defamatory. She refused to retract her statement or ask any media outlet to remove its stories.
“The fact that Mr. Andrews is unhappy with the publication of true facts does not make the publication of those true facts defamatory,” she wrote.
