"sindee! hanoi jane and I are so proud of you and fat boy! you are good lil commies!"
Posted on 09/19/2005 9:22:58 AM PDT by MarineBrat
| TO: |
|
Sen. John F. Kerry |
| FROM: |
|
William J. Dyer (a/k/a Beldar) |
| RE: |
|
Limitations |
Spectacular lawyer though you may (or may not) be in your own right, I know your staff includes some agile and diligent legal minds. Nevertheless, in the interests of fairness, I feel obliged to remind you of the fact that Unfit for Command: Swift Boat Veterans Speak Out Against John Kerry by John E. O'Neill and Jerome R. Corsi — which spent several weeks at No. 1 on the NYT Bestsellers List before last year's presidential election — was published on or about August 15, 2004, just over one year and one month ago.
I'm quite sure you'll recall that many of your supporters, defenders, and admirers argued enthusiastically that fall, and even after the election, that you ought to sue Mr. O'Neill, Dr. Corsi, and their publisher, Regnery Publishing, Inc., for defamation — more specifically, for libel based on the book and slander based on their public comments in connection with it.
I'm less sure — but will nevertheless give you the benefit of the doubt — that you'll remember from law school and perhaps from your bar review course that defamation lawsuits are generally are based on state law, and that they are generally subject to state statutes of limitations, regardless of whether they are filed in state or federal court.
My concern, however, is that you may not be aware that most state statutes of limitations for defamation are quite short. In Texas (where Mr. O'Neill resides), New Jersey (where Dr. Corsi resides), and the District of Columbia (where their publisher Regnery Publishing, Inc. has its principal place of business and you have your own regular place of business), those jurisdictions' respective statutes of limitations on defamation claims expire only one year after the alleged defamation is published.
Thus, in most of the logical, permissible, and likely venues in which you might have brought such a defamation lawsuit against Mr. O'Neill, Dr. Corsi, and Regnery Publishing, you've already allowed your potential claims to become time-barred, Sen. Kerry! D'oh! Why'd you let that happen?
There may be still be a few permissible venues — perhaps Massachusetts, which has a shamefully generous three-year statute of limitations for defamation — in which your sloth (or whatever else may explain your inaction to date) has not yet extinguished your potential claims.
Nevertheless, you're also doubtless aware that with each additional day that passes, the evidentiary trail grows colder; potential witnesses' memories fade; and the chances that jurors are likely to take your potential claims seriously continue to evaporate. There is no possible tactical or strategic benefit to your continuing to withhold your claims, and there are overwhelming downsides to doing so. Your delay is inexplicable if you believe your claims are meritorious.
On the other hand, regardless of limitations, truth is a defense to a defamation claim — whether that claim has been brought in days, weeks, months, years, or even decades after the alleged libel or slander is published. A defendant might even voluntarily choose to waive his or its limitations defenses. And even a defendant who has asserted an applicable statute of limitations as an affirmative defense may nevertheless choose, as a tactical preference, not to bring an early summary judgment motion. Indeed, some defendants may quite relish the opportunity to begin discovery on the merits, being delighted to finally have an opportunity to have subpoena power, oaths, and penalties of perjury to help them finally dig out the truth.
In fact, just based on my own personal experience with him, Senator, I'd sorta bet that John O'Neill would not only waive limitations, but even pay your filing fees for you!
Seriously, though, Senator, some folks might draw the inference that rather than your having just forgotten the one-year anniversary of the publication of Unfit for Command — oopsies! — you're instead desperately afraid to ever face cross-examination under oath, or document subpoenas of yourself and your hagiographer Doug Brinkley, or the rest of the brilliant spotlight that accompanies a public lawsuit. Folks might become more and more convinced that you've very deliberately let most state statutes of limitations expire already, and that you'll continue to allow the clock to run on any that haven't yet.
The 2008 campaign season is right around the corner, Senator, and nobody is likely to forget the SwiftVets' allegations before then. If you believe that you have a legitimate defamation lawsuit, sir, you must use it or lose it. Put up or shut up. You snooze, you lose.
Tick-tock, Senator. Tick-tock!
Hon, you're forgetting Kerry is from Ted Kennedy land, and Ted Kennedy, despite the fact that he is a murderer, a drunk and a letch, is reelected year after year ad nausium.
'The questions Kerry grappled with as a lawyer hardly seemed as grand. In one of its more lucrative periods, Kerry & Sragow was representing bald men who had suffered grotesquely unsuccessful hair implants. Lead plaintiff Charles DiPerri, then maitre d' at the exclusive Brookline Country Club, still remembers Kerry holding up color photographs of an oozing sore in DiPerri's scalp and demanding of the jury — in an oddly familiar cadence — "How do you ask a man to work with the public with his scalp in this horrendous condition?" DiPerri was awarded $90,000 in damages.'
lying traitor ping!
Thanks for the ping!
Well now, this is a fine mess you've gotten us into!
Where in tarnation did I leave that 180?
Oh wait, is that it right there?
No, that's not the one. There've been so many! :(
Ah, I've found it!
Now, does THAT answer your question?
heh-heh!
Office of The Director of Public Information & Legal Affairs, Washington DC
I urge all of the VRWC to read Beldar's memo with a large grain of salt, or a large dose of salts. Its subtle sarcasm is not wasted on us.
Of course, the Irish Catholic Former War Hero and now Junior Senator from Massachusetts, where he is so wildly popular, adoring voters often refer to him as "JFK," John F. Kerry, knows all about Statutes of Limitation. He is, in addition to all his other Christ-like attributes, a very fine attorney; a legal thinker of the first rank.
Of course, any lawyer worth his (or her) salt could pursue this action in any jurisdiction and win it handily. The authors and publishers of this scurrilous tract would be forced to pay many hundreds of millions of dollars in damages to this fine man whom they have so treacherously libelled, Former War Hero and now Junior Senator John F. Kerry, who is also a model husband and father.
But shy and modest American Public Servant that he is, Senator Kerry has decided to go another, more patriotic way. Placing the good of his countrymen foremost, the Good Senator will NOT begin a highly public trial. It could deflect the attention of the little people whom he loves away from the faults of George W. Bush. Instead, Senator Kerry will lead the fight against the Bush Family's heinous plan to appoint yet another conservative to the Supreme Court. Senator Kerry will fight to correct the tragic Bush environmental lapses that led directly to a racist hurricane in NOLA. Senator John F. Kerry will forgo the easy millions, and concentrate on his work in the Senate, where he is well known among his colleagues for doing the lion's share of the heavy lifting on major legislation.
As usual, the VRWC has it all wrong about Senator Kerry. He simply is too busy to show up in court and collect the money owed him. Don't forget, Christmas is coming. The planning for yet another trip to Cambodia is also very stressful, but duty is seared into Senator Kerry's Conscience. Seared, I tell you. The secret agent network he left in Cambodia at the behest of President Nixon needs to be contacted. This is a matter of life and death, so important that former President Nixon personally ordered John F. Kerry on the mission before he took office. When lives are at risk, The Former War Hero and now Junior Senator recognizes no "Statue of Limitations."
Contact: www.info@fubarf.org
#28...KB, you are a very good 'effete snob'....
Lies, lies, all lies!
I'm gonna get them Swiftees, see! They're in trouble, see! Do I look happy? Do I?
Look what they've done to me! Big trouble! There won't be a mirror intact for five hundred miles when I get done scowling!
They've even made fun of my DU postings with a DUmmie FUnnie thread entitled "DUmmie FUnnies 03-08-05 ("So why doesn't Kerry sue the Swift Boat liars now?") "
GGRRUUMMBBLLEBELCH!
Thanks for the ping!
BTTT!!!!!!
bttt
LMBO too!! Great pics!!
did you see that IDIOT on tv tonight, making insane accusations against our President? What an insulting BOOB.
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