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DECLARATION OF MICHAEL PICKENS -- 1 CAUSE NO. DC-13-01890-F E.C. (ELIZABETH CORDIA), § IN THE DISTRICT COURT P.P. (PAMELA PICKENS), § B.P. (T. BOONE PICKENS, JR.), § And T.P., (THOMAS B. PICKENS, III), § Plaintiffs, § § v. § § MICHAEL O. PICKENS, § Defendant. § _______________________________________§ 116th JUDICIAL DISTRICT § MICHAEL O. PICKENS, § § Counterplaintiff, § § v. § § THOMAS BOONE PICKENS, JR., § § Counterdefendant. § DALLAS COUNTY, TEXAS _____________________________________________________________________ DECLARATION OF MICHAEL PICKENS _____________________________________________________________________ THE STATE OF TEXAS § § COUNTY OF DALLAS § 1. “My name is Michael O. Pickens. I am over the age of twenty-one (21) years, and I am competent to make this Declaration. I have personal knowledge of the matters contained in this Declaration, and the facts stated herein are true, correct and accurate. 2. Plaintiffs -- Elizabeth Cordia (E.C., referred to as “Lizzy”), Pamela Pickens (P.P., referred to as “Pam”), T. Boone Pickens, Jr. (B.P., referred to as “Boone” or my “father”), and Thomas B. Pickens, III (T.P., referred to as “Tom”) -- sued me, first alleging

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CAUSE NO. DC-13-01890-F E.C. (ELIZABETH CORDIA), § IN THE DISTRICT COURT P.P. (PAMELA PICKENS), § B.P. (T. BOONE PICKENS, JR.), § And T.P., (THOMAS B. PICKENS, III), § Plaintiffs, § § v. § § MICHAEL O. PICKENS, § Defendant. § _______________________________________§ 116th JUDICIAL DISTRICT § MICHAEL O. PICKENS, § § Counterplaintiff, § § v. § § THOMAS BOONE PICKENS, JR., § § Counterdefendant. § DALLAS COUNTY, TEXAS

_____________________________________________________________________

DECLARATION OF MICHAEL PICKENS _____________________________________________________________________

THE STATE OF TEXAS § § COUNTY OF DALLAS § 1. “My name is Michael O. Pickens. I am over the age of twenty-one (21) years,

and I am competent to make this Declaration. I have personal knowledge of the matters

contained in this Declaration, and the facts stated herein are true, correct and accurate.

2. Plaintiffs -- Elizabeth Cordia (E.C., referred to as “Lizzy”), Pamela Pickens

(P.P., referred to as “Pam”), T. Boone Pickens, Jr. (B.P., referred to as “Boone” or my

“father”), and Thomas B. Pickens, III (T.P., referred to as “Tom”) -- sued me, first alleging

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causes of action for “Invasion of Privacy – Intrusion on Seclusion,” “Invasion of Privacy –

Public Disclosure of Private Facts,” and “Violation of CPRC §143.01,” which they have

called “Harmful Access by Computers.” Primarily, Plaintiffs have sought injunctive relief to

prevent me from writing about them on my blog.

3. Now, after changing counsel, the Plaintiffs have dropped their “intrusion”

claim, but have added claims for defamation and libel. In spite of the change in the

Plaintiff’s claims, my defense still concerns my Constitutionally protected right of freedom

of speech and that my statements are true or matters of my opinion.

4. In my blog in general, and in particular in the post titled “My Story,” I review

my own personal history and demons and express my opinion about the cause of my long-

term drug addiction, viewed through the lens of my recovery. The underlying theme of my

blog posts about addiction, abuse, relationships with my father and family, are to serve as an

example to others that, given the circumstances, the same fate can happen to anyone,

whether you are from a rich family or not, and that you can, in spite of the odds, overcome

these problems. Addiction is a major problem in this country, with the complete failure of

policy regarding the “war on drugs.” Even the New York Times recently said so. See

http://www.nytimes.com/2013/04/19/opinion/gregory-brothers-the-war-on-drugs-is-a-

failure.html?_r=0.

5. In this lawsuit, the Plaintiffs and my father in particular, deride me for my

history of drug abuse in an effort to undermine my credibility because they want to make

people believe that I am lying. They speak about my visits to rehab and my criminal

conviction. These facts are, in general, true. But, then that is precisely the point.

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6. As my blog states, I do not deny my history; unlike the Plaintiffs, I own it. I

kicked my drug addiction at Alina Lodge in 2006-07. Afterwards, I have been completely

sober and drug-free. Being now a licensed Intervention Therapist, I spend a great deal of

my time assisting addicts to get and stay clean. That is my mission. And I desire to make a

real difference by using myself as an example and showing addicts and their families that it is

love that cures addictions, not jail and certainly not condescension and abandonment.

7. I have reviewed each of the affidavits and declarations filed in this case by the

Plaintiffs. While they make a rather inept attempt to disprove my factual statements and

opinions, they make no effort and cannot disprove my intent -- I have never had any intent

to cause harm or mental distress to any of my family members. Further, I do not and have

not entertained any doubts, serious or otherwise, as to the truth of the factual statements in

my blog nor have I stated any factual matter without knowing whether it is true or not. And

I do not believe that anything I say about the Plaintiffs has any effect on them or that their

reputations have been or can be harmed. Nothing in their affidavits indicates otherwise.

8. My blog simply tells stories about my own life from my own perspective and,

to a large extent those stories include my family, because they were around or were involved

in those events. This is especially true when I describe my home life and my relationship

with my father, Boone.

9. Subsequent to being released from rehab at Alina Lodge, I purposely engaged

in a concerted effort to have a better relationship with my father. I was appreciative of his

assistance when I was charged with securities fraud. However, his statements both in the

petition and in his declaration that he purposefully and individually wanted to help me are

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false. John McShane, discussed more below, told me expressly that when I was first charged

with securities fraud, he had to beg my father to help me because my father did not want to.

10. The series of cards and short notes that I wrote to my father, as referenced in

the filings of the Plaintiffs, were heartfelt, and I meant them at the time. That however, does

not mean that any of the comments that I have made on my blog -- about abuse during my

childhood -- are untrue. The notes and letters reflect the fact that I was trying to build a

relationship with my father after the point in time that I was no longer drug-addicted.

11. My effort lasted for several years, but it failed. In 2010, my father suddenly

revealed to me what I always really knew was his true character. He eventually returned to

being extremely accusatory -- making false statements about me and berating me. He was

not trying to help me – I was there merely to serve him. Alina Lodge warned me about

trying to have a relationship with my father, but I did not listen. They were right.

12. It was a one-way street with him, and when he dropped his pretense, I had to

face the harsh truth that my father really cares only about himself. Certainly – that is my

opinion. This is exemplified in his letter to my siblings and me in which he apologizes for

being a bad father because making money was more important to him than his family. A

true and correct copy of the letter is attached as Exhibit 8.

My Father is a Public Figure.

13. A simple Internet search yields many, many thousands of stories about him

and about members of my family. See a true and correct copy of a printout from the first

page of a Google search, attached as Exhibit 9. He is consistently reported in Forbes

magazine as being a billionaire (see Exhibit 10, a true and correct copy of a Forbes reference

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to him); he has for several years attempted to get the US government to back greater use of

natural gas (for his own benefit in the gas companies into which he invested) (see Exhibit 11,

a true and correct copy of an article from BusinessWeek online, “How to Convert the

Country to natural Gas.); and he even had a bet with now Secretary of State John Kerry

about the lies Boone helped to spread about Kerry in the infamous “swiftboating” effort he

backed financially (see Exhibit 12 a true and correct copy of an article from the NY Times

online, “T. Boone Pickens Says No to Deal on Swift Boat Bounty”).

14. My father’s public persona, for better or worse, has drug the rest of us into the

public eye, too. Certainly, I was lampooned when I was charged and pleaded to securities

fraud. My brother Tom was publicly outed for his being sued for stealing millions of dollars

from his current employer in Austin (see Exhibit 13, a true and correct copy of an article

from D Magazine.com, with the referenced story in the Courthouse News Service attached,

and Exhibit 14, a true and correct copy of the petition filed in the lawsuit).

15. One story that continues to haunt me concerns the death of my nephew, Ty,

my brother Tom's son. I had expressed to both Tom and my father that Ty was obviously

drug- addicted. Whenever I saw Ty, he seemed to be out of it and “on” something. In fact,

roughly 10 days before Ty’s death at the end of January 2013, I had breakfast with my father.

At that breakfast I told him that I was very worried about Ty’s drug abuse, and that I was

worried he might not live unless someone intervened.

16. Just as he has done with other personal, family issues, my father acted as if it

was too much trouble for him to pay attention to, and that he simply did not care. He told

me that it was none of my business and that he did not want to talk to me about it. Ten days

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later Ty was dead from a Heroin overdose. See Exhibit 15, a true and correct copy of a

news story from USA Today online, stating that Ty’s autopsy showed “heroin intoxication.”

17. Further, my father knows now and knew at the time I spoke to him about Ty

that my concern was valid. In July 2012, one of my father’s long-time employees, Jay

Rosser, had a son die from a heroin overdose. He was only 18 and had been locked up in the

Travis County jail. I begged Jay to allow me to assist to get Kent into treatment at Alina

Lodge and out of jail. Jay refused, "coached" by Boone that Kent needed to "hit his

bottom." "Hit bottom" is an old AA term, not applicable to the myriad of extremely

dangerous chemicals of addiction we deal with today. In spite of this recent history, my

father showed no concern for Ty when I voiced my deep concerns.

18. So, my criticisms of my family about addiction are true. There are other

grandchildren in trouble, and the family dynamic resulting from the fear that Boone

perpetrates (by scaring my siblings and other family members into agreement with threats of

disinheritance), continues to put them in danger. I do not want to lose any more children in

the family while my father, Pam and Tom ignore their cries for help.

OSU

19. It is well known that my father is a supporter of Oklahoma State University,

where the football stadium is named after him. See Exhibit 16, a true and correct copy of a

new story on ESPN.go.com about his loss of a case in which he cost OSU a huge amount of

money in an insurance scheme.

20. Recently, during this lawsuit, my daughter Ali was graduated from OSU.

Several days before graduation, Ali called me and told me Boone called her and said he was

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not appearing at her graduation because of “death threats” I made to toward him. Although

that is ridiculous and untrue, she asked me not to come to her graduation. So, I honored her

request and did not attend. However, neither did Boone. This is simply another example of

his manipulation and mental abuse of his family. In my opinion, he never cared to attend

Ali’s graduation at all.

The Boat Story.

21. Apparently my father has a problem with the story that I told about being in a

burning boat at the age of 13. That story is completely true, and is told from my own

personal perspective. The boat did explode and catch on fire, and I was severely burned and

ended up in the water. When I surfaced, I saw my father on the shore.

22. I find my father's complaint about the story to be odd, considering that I

never actually criticize him or characterize his actions expressly. I simply told the story as I

remember it, and like almost all of my comments about him, he makes no effort to disprove

it. Moreover, the story is true, and he cannot honestly claim this story damaged him in any

way.

Boone’s alleged damages.

23. In spite of my father stating that he is suffering from some unspecific and

unsupported mental distress, he has managed to conduct business as usual. For example,

and accessible to anyone who wants to watch, my father was interviewed on his private jet

by a local Dallas reporter, Meredith Land. See the article and video at:

http://www.nbcdfw.com/news/business/Up-in-the-Air-With-T-Boone-Pickens-

204955691.html. On April 18, 2013, they traveled to Clemson University, and Boone sat

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onstage and calmly gave an interview to Meredith in front an auditorium full of people.

24. My father has shown no ill physical or mental effects from anything that I

have said about him, and ironically, it is the lawsuit itself that has drawn attention to my

blog, not any efforts by me. Since articles have been written about this lawsuit, the clicks on

my blog have increased exponentially.

25. My father’s lawsuit against me is not about any damage he claims to suffer – it

is all about power. His “M O” is to use the court when he wants to squelch speech about

him. See Exhibits 17 and 18, true and correct copies of news articles about other times he

has manipulated the courts in an effort to squelch speech (“Pickens threatens suit against

Quackenbush” and “ “going After the Press in the Panhandle,” respectively). Put simply,

my father’s sole purpose in this lawsuit is to try to shut me up.

John McShane (“McShane”).

26. McShane truthfully states under oath that he has represented me in a legal

matter previously. This is true; yet, in this lawsuit, he also is representing my father against

me, his former client. He appeared at my deposition in this case as “additional counsel to

the Plaintiffs” but is now submitting testimony against me. I object to this and find it to be

unethical and unprofessional.

27. McShane states that he has attempted to assist me with my addictions. Taking

him at his word -- his testimony further violates confidences that I have given to him. I have

never given McShane a release to use my own personal information against me.

28. McShane states that I told him that it’s hard to be Boone Pickens son. But

that is not because my father has been wealthy or achieved notoriety; it is because my father

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has treated me poorly – even worse than people he does not know. My writing about

Boone’s abuse is not inconsistent with McShane’s paid commentary.

29. According to McShane, he is having his office staff monitor my blog and my

Twitter account daily. But that is not the complete extent of their efforts. I have seen

someone going through my trash; I have caught someone following me more than once.

This is no surprise because it is how my father does things.

30. I recall once when I was young going into a closet at my home and finding a

newly installed stack of electronic equipment. I later learned it was for internal surveillance

and recording phone conversations without anyone knowing. On another occasion, as a

young man, I spotted a man tailing me and called a friend to help box the guy in to trap him.

When we did, I confronted the guy, and he told me he worked for my father. I still have no

idea why he was tailing me. So, I am not surprised to find I am being followed now.

McShane and the Settlement Demand.

31. McShane states in his affidavit various facts concerning a settlement offer that

I instructed my counsel to make to my father after I got sued in this case. While I believe

this is wholly irrelevant, and I understand it is not supposed to be admissible into evidence

(thus I object to it), this is another example of McShane’s unethical conduct at the direction

of my father who believes rules do not apply to him. I had never thought to ask for money

to take down my blog, and I had never asked for any money before I was sued here. The

Plaintiffs cannot honestly state otherwise.

32. My counsel made the settlement demand to McShane as my father’s counsel.

The amount was based on what I believe are valid causes of action that I have now asserted

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as counterclaims against my father (which I incorporate here). In addition, I have planned

to publish a book, and because the Plaintiffs sued me to stop me from publishing my

personal story and connected stories about my family, childhood, addiction and recovery,

there is a great deal of value to me in giving up those rights if I were to do so.

33. At my father’s bidding and as apparently directed by my father’s current

lawyers, McShane has violated his attorney client privileges and confidences, has engaged in

an egregious conflict of interest and has falsified evidence in order to try to manufacture the

Plaintiff’s position in this lawsuit that I am trying to “extort” money from my father. It is

not true, and they know it.

Responses to specific allegations concerning various statements:

My step sister, Lizzy.

34. I have never mentioned Lizzy. I have no idea why she is suing me except

perhaps that Boone manipulated her into doing so. Even in the statement where I said, “All

the members of my family of origin are addicts (discussed below); I did not mention her and

meant to specifically exclude her. It is frivolous for her and her lawyer to throw her into the

myriad of vague allegations they have made about my written statements about the Plaintiffs.

She can point to nothing I have said about her at all and none of my writings concern her in

any way.

Regarding Abuse.

35. First, I have never written any allegation that my father sexually abused me, in

spite of the Plaintiffs’ attempts to say that I did. All suggestions and references that I have

published such an allegation are untrue. Nowhere in my writings have I stated this

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allegation.

36. When I speak of abuse in the various locations on my blog, I am generally

stating my own experiences and observations and my opinion about each. With regard to

myself, my father often beat me with a belt. I did not feel that this was disciplinary, and I

felt that it was over the top, and it seemed to me that he gained personal satisfaction from

doing it.

37. To the extent that my siblings state that they never saw it, perhaps that is

because my father used to take me into his closet to beat me. True abusers do not leave

witnesses or marks, and most of the abuse I suffered – the type that lasted for life - was not

physical abuse; it was mental and emotional. As I say in my blog, my father had his own way

with each of us. Being that a lot of what I discuss concerns my childhood, I would not

expect any of my siblings to have had the perspective that what they saw was out of the

ordinary; in any event – it was out “normal.”

38. My comments about suffering physical, emotional, spiritual and mental abuse

at the hands of my father are my personal opinion based upon my personal experiences and

specifically based upon his overtly negative treatment of me throughout my life. When I was

young, my father berated me and often told me that I was no good and that I would amount

to nothing. It is my personal opinion that any father worth his salt would never say this to

his child, that it is not helpful or constructive, and that it is in fact abusive.

39. I personally did not understand the abusive nature of my upbringing until I

went through rehab at Alina Lodge. There, I learned that my father's uncaring, overbearing,

bullying personality, and the fear it generated in me individually, was the trigger for my

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seeking out the solace of drugs. My father and my siblings can deny this all they want, but

my experience is just that – my own experience.

40. In my sister Pamela’s declaration, says that it was not until the end of my

rehab at Alina Lodge that I told her about abuse by Boone. I cannot speak to whether she

was surprised to hear about it, but I had not talked to her about it until that point because it

was only at Alina that I began to understand the extreme negative impact that my father’s

treatment of me as a child had on me for many decades. Perhaps she and Tom would feel

differently if they had gone through Alina Lodge as I did.

41. With regard to any broad statements I have made concerning my father’s

treatment of my siblings, all of those are based upon my personal observations, and based

upon my opinion of the treatment of them that I saw and the effect it has had on them.

Whether or not each of them wants to express an opinion that Boone’s treatment of them

was abusive is up to them individually, I have only generally stated what I saw and what my

opinion on the matter is.

42. In general, Boone was uncaring, mean and abusive, sometimes very

aggressively, as with me, and sometimes passively, as he was when he stood by and let Pam

and her first husband start a business that failed from underfunding because Boone would

not loan them the money even though he told Pam that it was fine for her to spend all of her

savings. I will never forget that because my father told me directly that he predicted the

business would fail and that they would get divorced. In my opinion, no real father acts like

that. As I have stated more generally – he had his own form of abusing each of us.

Regarding addiction.

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43. One of the Plaintiffs’ primary complaints has been my statement that the

members of my “family of origin” are addicts. As stated above this was specifically meant to

delete any reference to Lizzy. Further, I mention no one by name and make no specific

statements that they can argue is untrue.

44. I made no specific allegation that any of them has any particular addiction. In

this particular statement I was referring to “addiction” in a generic sense as opposed to the

specific statements I had made about myself and drug use. Compare it to my father’s

statements that America is “addicted” to OPEC oil. See Exhibit 19, a true and correct copy

of a page from the Pickens Plan website stating my father’s opinion that America is

“addicted.”

45. I have seen in paperwork filed in this lawsuit that Plaintiffs and their lawyer

argue that I said Boone, Pam and Tom are drug attics. I did not write that. However, it is

indeed my opinion that they are addicts, each of the different sort.

46. Boone. – It is my opinion that my father is an alcoholic. He drinks far too

much in general for example, I have seen him drink two bottles of wine at dinner with no

help from anyone else. And he has told me that he has trouble sleeping without taking

medication. Obviously, he made those statements to me prior to this lawsuit.

47. In addition, it is my opinion that my father is a gambling addict. By this I

mean he is addicted to gambling with money in the financial and commodities markets and

that activity is the sole thing that gives him any satisfaction in life. It is my opinion that his

monetary gambling habits have destroyed most of his businesses and is the reason why he is

not even close to being a billionaire as he likes everyone to believe. For example, his BP

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Capital fund, which was worth more than $5 billion at one point, is now worth less than

$100 million the last time I checked. Not all of the money in the fund belongs to my father,

certainly.

48. Tom -- it is my opinion that my brother Tom is an addict, because he has an

extremely long history of alcohol and marijuana abuse.

49. Pam -- it is my opinion that my sister Pam is an addict in several respects.

First, she has told me that she takes Adderall daily. If that is no longer true, it certainly used

to be. Second, she has told me that she is a sex addict. In addition, I have seen her drink

alcohol to great excess, day after day.

50. The Plaintiffs have complained about my vague statement, which is very

broad and nonspecific. I had made it that way intentionally. That is because I had no intent

to state publicly the actual facts about any of them regarding addiction, individually or

specifically. I am stating the facts now only because I am forced to as a result their lawsuit,

each claiming that my statement was about them individually (it was not), that it was false (it

is not), that I am guilty of malice or negligence (I am not), and they have suffered some sort

of damages (they have not).

51. None of the Plaintiffs can point to any damages at all. And if my brother

Tom has suffered any recent damage, it has been at his own hands for his own conduct. See

Exhibits 13 and 14 regarding the lawsuit filed against him in Travis County District Court

accusing him of stealing $10 million from the company he works for.

“Never had a real dad.”

52. This is from a post on my blog entitled, “Grief.” I did not write this, and the

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statement is not actually about my family or me. I copied this from the Internet that I found

to be enlightening. It mentions no one in my family.

“My home was a sham.”

53. This statement is a matter of my personal opinion. When I was growing up, I

did not feel like we had what others called a “home.” It was not a loving place. Instead, I

felt fear, primarily of my father, who always said our family needed to run like a business. I

did not feel loved.

54. The same holds true regarding my statements that my parents were absent

from my life and that “all I had” was the love I felt from my friends’ parents. That is my

personal perspective and my opinion. Regardless of what my parents might say, or even my

siblings, that is how it felt to me at our house, where my parents were not emotionally

supportive in my view. More importantly, I have not expressly written that my parents did

not love me – I have only written about how I felt.

55. When I wrote that my father hated my mother and she was terrified of him

that is because that is what I observed. He was mean to her, berated her and was verbally

abusive to her. She appeared to me to be extremely afraid of him and would physically

cower when he was present. She acted markedly different in his presence that she did when

he was absent. To the extent of my siblings state otherwise, then perhaps they were not

paying attention, but this is what I saw and it is my opinion.

56. My comment that none of Boone’s children has been successful in life is my

personal opinion. My statement in this regard is not specific, nor is it about any of the

Plaintiffs specifically – it is a generalized statement of my opinion. For example, although I

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did not publish this about Pam on my blog, I have seen her ruin her relationships with her

children, and I have seen her drink too much and have personally experienced her being

personally, overly mean, nasty, and abusive. During Thanksgiving of 2012, Pam seemed to

stay drunk the whole time that we were at my father's ranch. Then, she became overtly and

falsely accusatory toward my wife and both of my children. In spite of her behavior, I never

hit Pam as she alleges.

57. This same comment about success in life holds true for Tom, again, although

I did not mention him. As already stated, he is being sued for stealing millions of dollars

from his company in Austin.

Pam and Tom live off my mother’s money.

58. Shortly after my granddad died in 1988, I reconnected with my mother, who

had divorced her second husband, Bill Harlow. I knew she was having some financial

difficulty so I asked her if I could look into her “business” and her personal banking and

financial records. I went back to Amarillo, hired movers and moved all of her office

furniture, files, vehicles, etc., to Dallas. I went through all of her files to get an

understanding of what she had.

59. What I found out was shocking at the very least. It was a miracle she had

anything at all. Both my sister Pam and brother Tom had been stealing from her for years.

They both had her credit cards, with which they had been financing much of their own lives,

since Boone divorced her. My brother Tom had been flying around the world, first class, for

years, staying in five-star hotels and wining and dining prospective partners/investors. Pam

had been shopping for clothes, in the most expensive shops, for her three girls and herself.

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60. I also found that Tom had moved all of mother’s stock holdings from her

broker in Amarillo to a broker in Dallas who was his friend. Tom apparently had convinced

mother into selling all of her Mesa Ltd Partnership common stock, which had a very good

yield and had been providing her with a good yearly income, and into buying various other

stock holdings that had cratered in price, wiping out much of her net worth.

61. Mother had a home on Mockingbird Lane, in Highland Park, valued at about

$1 million, which she was having difficulty paying the mortgage. She actually got a job, at

age 60ish, as a real estate sales person. This was her first job and she told me that she could

not do any sort of math in her head and it seemed the numbers part of the job was very

difficult for her. Also, she just did not have any sort of working knowledge available to her

on how business was conducted, i.e., bank loans, interest rates, equity, etc.

62. She ended up having to sell her home and car and cancel her membership at

Brookhollow Country Club and move into an apartment. She even sold much of her jewelry.

I received a letter from Pam during this time period, telling me that “we” were going to have

to take care of mother, etc., I responded with a pretty curt response, saying she would not be

in the shape she was in if Pam and others had not been stealing from her for years – of

course, I heard nothing back.

63. Both my counsel and I have reviewed each exhibit attached hereto (#9-19) as

well as to the Motion to Dismiss (#s 1-8) and for each one that comes from the Internet, we

both have personal knowledge that such exhibits are true and correct copies of the exact

information found on those websites and in those articles at the time they were printed.

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EXHIBIT 8

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5/15/13 1:17 PM"t. boone pickens" - Google Search

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T. Boone Pickens - Wikipedia, the free encyclopediaen.wikipedia.org/wiki/T._Boone_Pickens Thomas Boone Pickens, Jr. (born May 22, 1928), known as T. Boone Pickens, is anAmerican business magnate and financier. Pickens chairs the hedge fund ...Early life - Career - Activism - Philanthropy

T. Boone Pickenswww.boonepickens.com/ Legendary Texas oil and gas executive T. Boone Pickens is one of America's bestknown entrepreneurs whose success and innovation in a wide range of areas ...

Pickens Plan | It's time to stop America's addiction to OPEC oil. T ...www.pickensplan.com/ The following op-ed by T. Boone Pickens ran in the Omaha World-Herald onWednesday, May 1, 2013. We'll soon learn the fate of the Keystone XL pipeline that ...

T. Boone Pickens - Forbeswww.forbes.com/profile/t-boone-pickens/ T. Boone Pickens on Forbes - #1175 Billionaires, #360 Forbes 400.You visited this page on 5/14/13.

Billionaire T. Boone Pickens Sues His Son, Alleging 'Cyberbullying ...www.forbes.com/.../billionaire-t-boone-pickens-sues-his-son-alleging-cy... Apr 16, 2013 – One of America's richest families has become the subject of a dark tell-allblog written by one of their own. They say it's deceitful libel designed ...You visited this page on 5/14/13.

Court Must Now Decide If T. Boone Pickens' Case Threatens Son's ...www.forbes.com/.../court-must-now-decide-if-t-boone-pickens-case-thre... Apr 29, 2013 – Billionaire T. Boone Pickens battle over his son Michael's tell-all blog inDallas court is coming to a head. But if he can't convince the judge that ...

Autopsy: T. Boone Pickens' grandson died from heroin - USA Todaywww.usatoday.com/story/money/business/.../t-boone-pickens.../2113391... Apr 25, 2013 – FORT WORTH, Texas (AP) — Authorities say the grandson of billionaireT. Boone Pickens died of heroin intoxication after an evening of drug ...

T. Boone Pickens Foundationwww.tboonepickensfoundation.org/ The T. Boone Pickens Foundation is the philanthropic organization established bylegendary energy industry entrepreneur and shareholder rights defender T.

T. Boone Pickens (boonepickens) on Twitterhttps://twitter.com/boonepickens The latest from T. Boone Pickens (@boonepickens). T. Boone Pickens' official Twitteraccount, updated by Boone himself and members of his team. For more ...

Grandson of T. Boone Pickens died from heroin overdose | Breaking ...www.star-telegram.com › News › Local News › Breaking News Apr 25, 2013 – The death of Thomas “Ty” Boone Pickens, IV, 21, was ruled an accident,according to medical examiner's office.

T. Boone Pickens, Jr.Financier

Thomas Boone Pickens, Jr., known as T. Boone Pickens,is an American business magnate and financier. Pickenschairs the hedge fund BP Capital Management. He was awell-known takeover operator and corporate raider duringthe 1980s. Wikipedia

Born: May 22, 1928 (age 84), Holdenville

Spouse: Madeleine A. Pickens (m. 2005), Lynn O'Brien(m. 1949–1971)

Books: The First Billion Is the Hardest: Reflections on aLife of Comebacks and America's Energy Future

Education: Oklahoma State University–StillwaterA&M University

MadeleineA. PickensSpouse

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Pickens on Gas Exports: 'Move It Out and Sell It'CNBC.com - 2 hours agoT. Boone Pickens likes President Obama's plan to expand natural gas ... be keptartificially low, T. Boone Pickens told CNBC on Wednesday.

T. Boone Pickens Discusses U.S. Dependence on Iranian Oil with CNBCBenzinga - 2 hours ago

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5/15/13 2:01 AMT. Boone Pickens - Forbes

Page 1 of 4http://www.forbes.com/profile/t-boone-pickens/

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At a GlanceAge: 84

Source of Wealth: oil & gas,investments, self-made

Residence: Dallas, TX

Country of Citizenship: UnitedStates

Education: Bachelor of Arts /Science, Oklahoma StateUniversity

Marital Status: Divorced

Children: 5

Forbes Lists#1175 Billionaires

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T. Boone PickensNet Worth $1.2 B As of March 2013

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Best known as a corporate raider for his runs at Gulf Oil, Unocal,Pioneer and others in the 1980s, in recent years T. Boone Pickenshas focused on managing Dallas-based hedge funds and pushinghis Pickens Plan to boost adoption of wind, solar, and especiallynatural gas. Plunging natural gas prices shelved a plan to buildthe world's largest wind farm in Texas. Instead he's pushing for afuture of [...] more

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5/15/13 2:01 PMHow to Convert the Country to Natural Gas, by T. Boone Pickens - Businessweek

Page 12 of 17http://www.businessweek.com/articles/2013-04-11/how-to-convert-the-country-to-natural-gas-by-t-dot-boone-pickens

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5/15/13 2:01 PMHow to Convert the Country to Natural Gas, by T. Boone Pickens - Businessweek

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(Bloomberg Businessweek incorrectly quoted T. Boone Pickens calling members of Congress "dumb f–––s in D.C." What he actually said was dumbclucks in D.C.)

It starts with getting into the transportation sector. When I started the Pickens Plan in 2008, there were about 200,000 vehicles on natural gas in the world;now there’s about 16 million. That growth’s coming from everywhere but the U.S. Places like Iran and Argentina. China’s already got 40,000 trucks onLNG [liquefied natural gas], and they import the stuff. And here we are in the U.S., with more natural gas than any other country in the world, and wearen’t doing a thing about it. It’s just amazing to me that these dumb clucks in D.C. don’t see this opportunity and try to capitalize on it.

The best thing to do is focus on heavy-duty trucks and give them a tax credit. It could work like a toll road, what you call a pay-for system. If you use it,you pay for it. So you give these guys a break upfront to convert to natural gas trucks, and then you tax the natural gas.

You don’t put natural gas in your corner gasoline station. You put natural gas in a truck stop. It’s a fuel that competes against diesel. There are about8 million heavy-duty trucks in the U.S. If you convert them to natural gas, that boosts consumption by about 15 billion to 20 billion cubic feet a day. Rightnow we do about 70 billion cubic feet a day. So that extra demand would immediately boost the price and get drills moving again. Today natural gas isabout $2.79 a gallon, compared with about $4.79 for diesel. That’s a huge advantage. But here’s the thing: If you take natural gas from about $4 (perthousand cubic feet) to $6, you only increase it by about 28¢ a gallon. So it’s cleaner by 30 percent and still cheaper by almost a half. —As told toMatthew Philips

• Pickens is founder, chairman, and CEO of the hedge fund BP Capital.

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5/15/13 2:07 PMT. Boone Pickens Says No Deal on Swift Boat Bounty - NYTimes.com

Page 2 of 12http://thecaucus.blogs.nytimes.com/2008/06/25/t-boone-pickens-says-no-deal/

June 25, 2008, 6:22 pm

T. Boone Pickens Says No Deal on Swift BoatBountyBy KATE ZERNIKE

T. Boone Pickens is not giving up his million dollars.

T. Boone Pickens (Photo: Fred Prouser/Reuters)

That’s how much he had offered to pay anyone who could disprove any of the accusations the Swift BoatVeterans for Truth made against Senator John Kerry in the 2004 presidential election – attacks Mr. Pickens,the billionaire Texas oilman, helped finance.

A group of Swift boat veterans sympathetic to Mr. Kerry sent Mr. Pickens a letter last week taking him up onthe challenge. In 12 pages, plus a 42-page attachment of military records and other documents, they identifiednot just one but ten lies in the group’s campaign against Mr. Kerry. They offered to meet with him to provideMr. Kerry’s journals and videotapes from Vietnam and a copy of his full military record certified by theNavy – a key demand of Mr. Pickens and veterans who believe Mr. Kerry lied about his service to win hismilitary decorations.

Mr. Pickens replied with a one-page letter, thanking the veterans for their research and their service, butpolitely saying there had been a misunderstanding. “Key aspects of my offer of $1 million have not beenaccurately reported,” he wrote.

When he offered the reward at an American Spectator dinner in November, blogs sympathetic to Mr. Pickensreported that he challenged anyone to disprove “anything” the Swift boat group said.

In his letter, Mr. Pickens explained that his bet actually applied to only the television ads the Swift Boat

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5/15/13 2:07 PMT. Boone Pickens Says No Deal on Swift Boat Bounty - NYTimes.com

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Veterans for Truth bought, and not to their bestselling book or the media interviews that generated moreattention than the ads themselves.

“In reviewing your material, none of the information you provide speaks specifically to the issues containedin the ads,” he wrote, “and, as a result, does not qualify for the $1 million.”

It was pretty much the same response he had given to Mr. Kerry, a Massachusetts Democrat, who seized thechallenge immediately after Mr. Pickens made it last year.

He offered more generous compliments in his letter to the veterans, and suggested that they take up theirissues with John O’Neill, the founder of the Swift Boat Veterans for Truth. (Mr. O’Neill, who first debatedMr. Kerry about the war in Vietnam on the Dick Cavett show in 1971, does not cede anything.)

As for this this presidential cycle, Mr. Pickens says he will not give any money to partisan causes.

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5/15/13 1:51 PMCourthouse News Service

Page 1 of 2http://www.courthousenews.com/2013/02/26/55174.htm

Former CFO Sues T. Boone Pickens' SonBy DAVID LEE

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AUSTIN (CN) - The son of corporate raider T. Boone Pickens "funneled" tens ofmillions of dollars from commercial space company Astrotech while mismanaging thecompany so badly its share price dropped by 89 percent, the former CFO claims incourt. John Porter sued Astrotech CEO Thomas B. Pickens III and five other companydirectors in a derivative complaint in Travis County Court. "Astrotech once traded as high as $146 per share in the mid-1990s," the complaintstates. "Since 2007, when Mr. Pickens became CEO, the company has incurred netlosses each year and has lost a staggering eighty-nine percent of its market value." Porter claims the losses are due to Pickens' breach of fiduciary duties, self-dealing,misappropriation of corporate assets and usurpation of corporate opportunities. He says the company has been warned of delisting at least three times by theNASDAQ Global Market, due to its shares consistently trading below $1 per share."Mr. Pickens hand-picked the director defendants for loyalty to himself, and theyrubber-stamped Mr. Pickens' actions under circumstances that would have alertedreasonable directors to the need to make additional inquiries," the complaint states."The director defendants failed to supervise the company's operations, and looked theother way while Mr. Pickens funneled tens of millions of dollars out of the companyfor his own benefit." Austin-based Astrotech, founded as Spacehab in 1984, provides commercial spaceproducts to NASA, the Department of Defense, international space agencies andcommercial clients. It provides pre-launch processing for satellites and otherspacecraft, space hardware design and manufacturing and microgravity commercialdrug development services, according to its website. The company's Spacehab modules flew on 22 Space Shuttle missions. It performedeight resupply missions to the International Space Station and seven to the Russianspace station Mir, according to publicly available company press statements. In his complaint, Porter said the company's core operating unit is Astrotech SpaceOperations, which generates "virtually all" of the company's revenue. Its other unit,Spacetech, is a technology incubator for commercialization of space-industrytechnologies. Spacetech is composed of two subsidiaries, 1st Detect and Astrogenetix. Porter claims Pickens made the company give two loans to its subsidiaries in 2010 -$1 million to 1st Detect and $2.5 million to Astrogenetix. "The purported loans were nothing more than fraudulent transfers from thecompany to the subsidiaries," the complaint states. "The loans were unsecured, boreno interest and failed to provide for repayment. The director defendants approved theloans notwithstanding their complete lack of security or terms for repayment. Thedirector defendants instead, as is their practice, rubber-stamped Mr. Pickens'sdecision to transfer $2.5 million to the subsidiaries without considering whether thetransaction was in the best interests of the company. "Mr. Pickens has since caused the company to transfer an additional $6.5 millionin company funds, representing nearly all of the company's profits, to the subsidiarieswithout even going to the trouble of drawing up the paperwork for a sham loan orseeking approval from the board (the 'unauthorized transfers'). Because of Mr.Pickens' significant ownership in the subsidiaries, the unauthorized transfersrepresented a clear conflict of interest on Mr. Pickens' part and required approval byan independent committee of the board." Porter claims that despite being one of the highest paid CEOs in Austin, Pickenshas billed the company for more than $100,000 for inappropriate personal expenses,in breach of company policy and his own employment agreement, "in return for whichthe company has received nothing of value." "Every month, Mr. Pickens charges tens of thousands of dollars to his companycredit cards," the complaint states. "Mr. Pickens' prodigious spending includesthousands of dollars for clothing, sports car tires and flights all over the world,including a $20,000 trip to a TED conference in California that had nothing to dowith the aerospace industry."

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with the aerospace industry." Pickens also made inappropriate use of company assets for the benefit of hisfriends, Porter says. "Mr. Pickens' golfing companion Michael Samouce has a lease for an office at thecompany's headquarters in the Frost Bank building in Austin, Texas, but has neverpaid rent," the complaint states. "Every month, the company booked a receivable fromMr. Samouce and wrote it off the same day. Mr. Pickens boasted that he never paid forrounds of golf at Austin Country Club because Mr. Samouce paid for all of his outingsin exchange for free use of the company's offices." Porter claims that during his tenure as CFO he repeatedly brought these issues tothe directors' attention but that no action was taken, other than a resolution urgingPickens to comply with company policy. In December 2012, Astrotech was awarded a $16 million contract to providecommercial payload processing services at Vandenberg Air Force Base in California.Running through December 2017, the deal allows the company to compete for NASAmissions planned for launch from the base, the company said in a statement. Porter seeks damages for breach of fiduciary duty, waste and usurpation ofcorporate opportunity. He is represented by William Reid with Reid Collins in Austin.

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5/15/13 2:03 PMAutopsy: T. Boone Pickens' grandson died from heroin

Page 1 of 1http://www.usatoday.com/story/money/business/2013/04/25/t-boone-pickens-grandson-dies/2113391/

Autopsy: T. Boone Pickens' grandson died from heroin3:31 p.m. EDT April 25, 2013

FORT WORTH, Texas (AP) — Authorities say the grandson of billionaire T. Boone Pickens died of heroinintoxication after an evening of drug use at a friend's apartment.

The Tarrant County medical examiner's office announced Wednesday that the Jan. 29 death of Thomas "Ty"Boone Pickens IV was accidental.

Medical officials had to wait weeks to receive toxicology and other test results before announcing the cause ofdeath for the 21-year-old, who was a junior at Texas Christian University.

STORY: OxyContin a gateway to heroin for upper-income addicts(http://www.usatoday.com/story/news/nation/2013/04/15/heroin-crackdown-oxycodone-hydrocodone/1963123/)

The younger Pickens died at a hospital after being taken there by private vehicle.

Another TCU student was charged with tampering with evidence after police said he removed items from the apartment and hid them from authorities.Police say the evidence included heroin, drug paraphernalia and marijuana.

Copyright 2012 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

(Photo: AP)

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5/15/13 1:56 PMOklahoma State Cowboys lose bid to regain $33M from fundraiser - ESPN

Page 1 of 5http://espn.go.com/college-sports/story/_/id/7678962/oklahoma-state-cowboys-lose-bid-regain-33m-fundraiser

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STILLWATER, Okla. -- Oklahoma State's unique fundraiser was expected to bring in hundreds of millionsof dollars to fund school sports, based on the idea of purchasing $10 million life insurance policies on abouttwo dozen boosters with the university as a beneficiary.

Instead, the so-called "Gift of a Lifetime" program created on the advice of top booster T. Boone Pickens hasended with Oklahoma State having spent $33 million with nothing to show for it.

A federal judge has ruled against Oklahoma State's bid to get back the money it spent on premiums as part ofthe fundraising idea launched in 2007 with 27 boosters agreeing to have life insurance policies taken out thatwould pay the school when they died. Judge Jorge A. Solis in Dallas ruled Friday that Lincoln National Life

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5/15/13 1:56 PMOklahoma State Cowboys lose bid to regain $33M from fundraiser - ESPN

Page 2 of 5http://espn.go.com/college-sports/story/_/id/7678962/oklahoma-state-cowboys-lose-bid-regain-33m-fundraiser

Insurance Co. should keep the premiums it received from Oklahoma State as the first two yearly paymentsfor the policies.

"We are surprised and disappointed with the judge's ruling," Oklahoma State spokesman Gary Shutt saidMonday. "We are reviewing the opinion and assessing our options, including a possible appeal."

The university still has a state lawsuit pending in Payne County.

Oklahoma State claimed in court filings that it was told it could make as much as $350 million through theprogram. Instead, OSU nixed the program about three years ago and then sued to try and regain premiums ithad already paid.

The university argued that it had a right to cancel the policies and get its money back because Oklahoma lawprovides for a 10-day review window after policies are purchased and Lincoln did not provide actual copiesof the policies until 2009.

However, athletic director Mike Holder signed policy delivery receipt forms two years earlier and didn't askto see full copies from Lincoln, which had kept them. Oklahoma State proceeded to pay the premiums of over$16 million for the next two years before attempting to back out of the plan.

Solis ruled that Holder technically had received the policies on behalf of Cowboy Athletics Inc., the privatefoundation run by OSU's athletic department.

"It was Holder's own decision not to read the legal documents he signed and to not read the policies. Basedon these documents, both Lincoln and Cowboy subsequently treated the issued Policies as valid and they bothperformed under the contracts," Solis wrote in his ruling. "For Cowboy to now claim breach of contract basedon an alleged failure of delivery of the Policies would itself be inequitable."

The insurance company and brokers argued that the plan fell apart because Oklahoma State rushed into itwithout first arranging financing to pay for the premiums.

Attorneys produced a paper trail from Holder's emails with him writing once that if it wasn't done soon asPickens wanted, "I will be in a cave with Bin Laden."

The school was unwilling to use Pickens' $165 million donation to the athletic department as collateral on aloan, and that fund eventually took a hit when the economy soured. Pickens eventually had to make anotherdonation just to complete renovations to the football stadium.

Solis ruled that the brokers had not misled Oklahoma State, and instead the university "chose to proceeddespite warnings from its advisers regarding mortality rates and statistical sampling error and warnings fromthe Brokers concerning the absence of long term financing."

Copyright 2012 by The Associated Press

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4/22/13 12:57 PMPickens threatens suit against Quackenbush | Amarillo.com | Amarillo Globe-News

Page 1 of 2http://amarillo.com/stories/010904/new_pickensthreat.shtml

Pickens threatens suit against QuackenbushPosted: Friday, January 09, 2004Brian WilliamsMorris News Service

LUBBOCK - To say Dallas oilman T. Boone Pickens and state Senate candidate JesseQuackenbush disagree on water rights is an understatement.

After Quackenbush, a Republican Amarillo lawyer and restaurateur, commented in the OdessaAmerican newspaper about Pickens' attempt to sell Panhandle water, Pickens' attorney fired offa letter threatening a libel lawsuit.

Quackenbush, who considers the tone of the letter "threatening," is refusing to be muzzled.

"Tell Mr. Pickens I'll be his huckleberry. Please let him know that if I'm elected to representthe 31st District, the only water he'll leave the Panhandle with will be the urine I leave on hispant leg," Quackenbush wrote to Pickens' attorney, James A. Besselman, also of Amarillo. Theletter is dated Jan. 5.

"Flippant is an understatement. Poor taste is an understatement," Besselman said Thursday ofQuackenbush's letter. "Asking a fellow not to print untrue, scurrilous statements is a fair thingto do."

Quackenbush is one of seven people seeking to succeed Teel Bivins, R-Amarillo, in the District31 Senate seat.

Joining Quackenbush in the Republican portion of the race are Bob Barnes of Odessa, KirkEdwards of Odessa, Lee Gibson of Dumas, Kel Seliger of Amarillo and Don Sparks of Midland.Elaine King Miller, an Amarillo Democrat, is also running.

Bivins was recently nominated to be U.S. ambassador to Sweden. The special election is Jan.20.

Pickens and other landowners are seeking to market water from Roberts County to thirstyregions downstate.

Quackenbush said Pickens is trying to stifle his right to free speech.

Quackenbush is making water rights a theme in his campaign and name-dropped Pickens inthe newspaper story.

"The rapidly approaching special election should be about issues, not the popularity contest it'sturning into," Quackenbush told the American. "T. Boone Pickens is closer than ever tostealing and auctioning off the 31st District's limited water supply."

In a letter to Quackenbush from Besselman dated Dec. 23, Besselman wrote that the waterunderlying Pickens' ranch and the ranches of a separate landowner group belong to them "as amatter of law."

"Your public statement that Mr. Pickens is going to 'steal' water that somehow belongs to the31st District's water supply is a libelous misstatement that is offensive to Mr. Pickens andappears to be a blatant mischaracterization and untruth published by you to gain some

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4/22/13 12:57 PMPickens threatens suit against Quackenbush | Amarillo.com | Amarillo Globe-News

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advantage in your election efforts," Besselman wrote.

The letter stated it was Quackenbush's only reminder to never again refer to Pickens in anyfurther "untrue fashion" about his proposed use or sale of his water.

"To do so will assuredly cause you to be a defendant in a libel lawsuit, and I can promise youthat your time will be saturated with the prosecution of that case," the letter states.

Quackenbush said he doesn't agree with water being sold for profit and transported to otherareas. He said he is trying to protect the interests of farmers in the 31st District, which goesfrom the Panhandle through counties along the New Mexico border to the Permian Basin. Itincludes Amarillo, Midland and Odessa.

Quackenbush said comment about Pickens referring to "stealing" was about getting somethingmore cheaply than it's deserved.

"No one is implying that Mr. Pickens is a thief in the night," Quackenbush said.

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Page 52: Declaration of Mike Pickens

5/15/13 1:48 PMGoing After the Press in the Panhandle - New York Times

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Going After the Press in the PanhandlePublished: January 04, 1988

To the Editor:

''Press Notes'' (Dec. 7), on the campaign against The Amarillo Globe-News by T. Boone Pickensand other local economic oligarchs, did not convey the full flavor of the controversy, andoverlooked its freedom of the press implications.

Mr. Pickens is best known nationally for corporate takeovers, but as president of MesaPetroleum, his role in Amarillo strongly resembles the town baron in a 1930's Frank Capramovie. The Globe-News, the city's only paper, is an odd choice for the Jimmy Stewart role, but itangered Mr. Pickens and others in the business establishment with flashes of frank reportingabout the Texas Panhandle's economic woes and cost overruns at West Texas State University,where Mr. Pickens chairs the board of regents. The first retaliatory blow came at Mesa's 1986Christmas party, when employees were urged to cancel Globe-News subscriptions.

In recent months, an organizer was brought in from Washington. Businesses were urged to pulltheir advertising. Local workers were strongly encouraged by employers to take part in anantinewspaper rally. Government and business leaders in nearby Hereford joined in when aGlobe-News series exposed discrimination against that town's Hispanic population.

The campaign failed to change the newspaper's ownership and policies. While the paper'sgeneral manager was reassigned by Morris Communications, its parent company, to coordinatethe chain's national Presidential campaign coverage, and a series of community involvementmeasures were initiated, the paper has stood by its articles and vowed to continue its journalisticindependence.

But the future relationship between The Globe-News and the local business establishment bearswatching by those concerned with freedom of the press. T. Boone Pickens may view the FirstAmendment as just one more target for a corporate takeover, but if he succeeds in muzzling theGlobe-News, few newspapers will be safe - particularly in smaller cities and towns. GARALAMARCHE Executive Director, Texas Civil Liberties Union Austin, Texas, Dec. 18, 1987

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EXHIBIT 18

Page 53: Declaration of Mike Pickens

5/15/13 3:47 AMAbout The Plan | Pickens Plan

Page 1 of 3http://www.pickensplan.com/theplan

"As we recover from this recession, the transition to clean energy has thepotential to grow our economy and create millions of jobs - but only if we

accelerate that transition. Only if we seize the moment."— President Barack Obama

America is addicted to OPEC oil.It’s an addiction that threatens our economy, our environment and ournational security. It touches every part of our lives and ties our handsas a nation and as a people.The addiction has worsened for decades and now it’s reached a pointof crisis.In 1970, we imported less than 25% of our oil. In 2011, it was almost 60%.

Depending on OPEC and other foreign sources for nearly two-thirds ofour oil puts America in a precarious position.In addition to putting our security in the hands of potentially unfriendlyand unstable OPEC nations, we are jeopardizing our economy. In2011, we spent $150 billion to import over 1.5 billion barrels OPEC oil.That’s money taken out of our economy and sent to OPEC nations.Over the next 10 years, this addiction will be $2 trillion. How much is $2trillion? Let’s put it in simple terms. In the history of mankind, no countryhas ever sent more wealth overseas.Consider this: Every day 90 million barrels of oil are pumped out of theground around the world. And 19 million of those are used here in theUnited States.That’s 21% of the world’s oil demand. Used by just 4% of the world’spopulation.America imports 12 million barrels a day, and Saudi Arabia onlyproduces 9.5 million a day. Is there really more undiscovered oil herethan in all of Saudi Arabia?Oil is getting more expensive to produce, harder to find and there justisn’t enough of it to keep up with demand. The simple truth is that thedays of cheap and easy oil are over.America is focused on another crisis: The economy.

Americans are still feeling the effects of the Great Recession. Andaddressing the economy is still the top priority of our nation, especiallyin an election year.To make a real and lasting impact we must seek to do more thancreate new jobs and opportunities today; we must build the platform onwhich our economy can continue to grow for decades to come.There is nothing more important to the present and future of oureconomy than energy. Any effort to address our economic problemswill require a thorough understanding of this issue and willingness to

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EXHIBIT 19

Page 54: Declaration of Mike Pickens

5/15/13 3:47 AMAbout The Plan | Pickens Plan

Page 2 of 3http://www.pickensplan.com/theplan

confront our dependence on OPEC oil and what domestic resourceswe can use.It is a crisis too large to be addressed piecemeal. We need a plan ofaction on scale with the problems we face. That is the spirit in which thePickens Plan was conceived. The Pickens Plan is a collection ofcoordinated steps that together form a comprehensive approach toAmerica’s energy needs.The Pickens Plan.

There are several pillars to the Pickens Plan:

Use America’s abundant natural gas to replace imported oil as atransportation fuel;Build a 21st century backbone electrical transmission grid;Develop renewable energy sources, such as wind and solar power;and,Provide incentives to homeowners and the owners of commercialbuildings to upgrade their insulation and increase efficiency.

While dependence on OPEC oil is a critical concern, it is not a problemthat can be solved in isolation. Americans must begin to think aboutenergy as a whole, and that begins by considering our energyalternatives and thinking about how we will fuel our world in the next 10to 20 years and beyond.Natural gas is a domestic fuel that can free us from OPEC oil.

Nearly 15% of every barrel of oil we consume is used by 18-wheelersmoving goods around and across the country by burning importeddiesel. An over-the-road truck cannot be moved using current batterytechnology. Fleet vehicles like buses, taxis, express delivery trucks,and municipal and utility vehicles (any vehicle which returns to the“barn” each night where refueling is a simple matter) should bereplaced by vehicles running on clean, cheap, domestic natural gasrather than imported gasoline or diesel fuel.Currently, domestic natural gas is primarily used to generate electricity.It has the advantage of being cheap and significantly cleaner than coal,but this is not the only use of our natural gas resources.By aggressively moving to shift America’s heavy truck fleets fromimported gasoline and diesel to domestic natural gas we can lower ourneed for OPEC oil and help President Obama reach his goal of zero oilimports from the Middle East within ten years.But the Pickens Plan isn’t just about natural gas.

Natural gas is not a permanent solution to ending our addictionimported oil. It is a bridge fuel to slash our oil dependence while buyingus time to develop new technologies that will ultimately replace fossiltransportation fuels. Natural gas is the critical puzzle piece RIGHTNOW. It will help us to keep more of the $350 to $450 billion we spendon imported oil every year at home, where it can power our economyand pay for our investments in a smart grid, wind and solar energy, andincreased energy efficiency.By investing in alternative energies while utilizing natural gas fortransportation and energy generation, America can decrease itsdependence on OPEC oil, develop the cutting-edge know-how to makewind and solar technology viable, and keep more money at home topay for the whole thing.It is this connection that makes The Pickens Plan not just a collection ofgood ideas, but a true plan.

EXHIBIT 19

Page 55: Declaration of Mike Pickens

5/15/13 3:47 AMAbout The Plan | Pickens Plan

Page 3 of 3http://www.pickensplan.com/theplan

Copyright © 2013 PickensPlan.com. All Rights Reserved.

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How do we get it done?

The Pickens Plan is a bridge to the future – a blueprint to reduce ourdependence on OPEC oil.By conserving energy and increasing the use of our natural gasresources, we can replace more than one-half of our OPEC oil importsin 10 years. But it will take leadership.Together with President Obama and the Congress, we can take downthe old barriers and provide energy security for generations to come.As the President has said, “Yes, we can.”More than 1.7 million Americans have joined the Pickens Plan Army.Will you?

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EXHIBIT 19