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Palin's Enemies Don't Understand Libel Case Against Joe McGinniss
American Spectator ^ | Robert Stacy McCain

Posted on 09/27/2011 6:48:47 PM PDT by Bigtigermike

However, the seriousness of Tiemessen's letter and the potential legal vulnerability of Random House have been mocked and derided by those suffering from PDS. For more than three years, Palin's enemies have become accustomed to seeing bloggers and tabloids spread libelous assertions and obscene speculation about the former Alaska governor with no apparent repercussions and thus included such nonsense as David Magee's column today:

But here's the problem with suing McGinnis and the publisher: Palin would have to prove that the allegations in the book are all lies if she proceeded with a lawsuit. She's a public figure -- and it's hard to prove libel when you are in the public eye in the first place. . . .She would have to clear her name completely.

This is absurd. If the Palins do sue, their suit will specify defamatory statements in McGinniss's book that they believe they can prove false. They do not have to prove every allegation false, nor would Sarah "have to clear her name completely." Only evidence and testimony relevant to those disputed allegations will be admissible, and so there is no basis for Magee's assertion that Palin would have to address every lurid claim in the McGinniss book.

Thanks to McGinniss's e-mail to Griffin, the Palins have Random House in a bad situation, and the only question is whether the Palins will stop short of a court trial against the publisher.

-- McGinniss stated:

Bottom line: not only my editor, but Random House attorneys verified every source, in some cases speaking directly to the sources themselves. ....

Air travel to Alaska isn't cheap. And exactly how Random House's attorneys "made an independent judgment about the trustworthiness" of sources they had never even met would certainly make for lively court proceedings, if such a case ever went to trial.

(Excerpt) Read more at spectator.org ...


TOPICS: Politics
KEYWORDS: joemcginniss; lawsuit; palin; randomhouse; sarahpalin
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To: jonrick46

I’m not a lawyer, and I don’t play one on TV; but this sounds like malice of forethought to me. Go get ‘em Sarah.


21 posted on 09/27/2011 8:48:43 PM PDT by pingman (Durn tootin'; I like Glock shootin'!)
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To: MestaMachine

And then, she said nothing about it.


22 posted on 09/27/2011 8:51:18 PM PDT by Sea Parrot (Democrats creation of the entitlement class will prove out to be their very own Frankenstein monster)
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To: MestaMachine

Did not suprise me, just confirmed litigation is underway. She could not talk about it and likely informed Greta to that effect.


23 posted on 09/27/2011 8:54:25 PM PDT by Sea Parrot (Democrats creation of the entitlement class will prove out to be their very own Frankenstein monster)
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To: jonrick46
Not to nit pick but slander covers verbal statements. Libel covers written defamation.

Just look for the Union Libel.

Garde la Foi, mes amis! Nous nous sommes les sauveurs de la République! Maintenant et Toujours!
(Keep the Faith, my friends! We are the saviors of the Republic! Now and Forever!)

LonePalm, le Républicain du verre cassé (The Broken Glass Republican)

24 posted on 09/27/2011 9:06:10 PM PDT by LonePalm (Commander and Chef)
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To: MestaMachine

And this relevant to this thread because...?


25 posted on 09/27/2011 9:18:52 PM PDT by hatfieldmccoy (It's not racism..... it's probability, actuarial tables, statistics. Facts are stubborn things.)
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To: hatfieldmccoy

RON PAUL, RON PAUL, RON PAUL, RON P...... oh wait... wrong thread....


26 posted on 09/27/2011 9:27:45 PM PDT by hatfieldmccoy (It's not racism..... it's probability, actuarial tables, statistics. Facts are stubborn things.)
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To: hatfieldmccoy

Was I even addressing you in my post? Is your nic Parley Baer? Get over yourself. If you need attention badly enough to post to yourself, have a wonderful time... and get some Brylcream for those palms. A little dab’ll do ya.


27 posted on 09/27/2011 10:03:27 PM PDT by MestaMachine (Wanna confuse obama? Ask him his REAL name.)
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To: MestaMachine

I did NOT hear them talking about this!!!


28 posted on 09/27/2011 10:31:24 PM PDT by danamco (-)
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To: danamco

Read more, Dan. It wasn’t brought up.,,likely for legal reasons.


29 posted on 09/27/2011 10:36:33 PM PDT by MestaMachine (Wanna confuse obama? Ask him his REAL name.)
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To: MestaMachine

Palin is not going to sue. She will leave a sleeping dog lie.


30 posted on 09/28/2011 12:21:10 AM PDT by flaglady47 (When the gov't fears the people, liberty; When the people fear the gov't, tyranny.)
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To: flaglady47

Except this dog ain’t sleeping and he is still lying...and has the audacity to cast himself as the victim. I say hang him. High,


31 posted on 09/28/2011 12:25:23 AM PDT by MestaMachine (Wanna confuse obama? Ask him his REAL name.)
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To: pingman
I’m not a lawyer, and I don’t play one on TV; but this sounds like malice of forethought to me.

Malice aforethought. The disclaimer was unnecessary.

32 posted on 09/28/2011 12:51:07 AM PDT by Chunga ("Woo hoo!! Palin/West 2012. Unbeatable!!" - Jim Robinson)
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To: MestaMachine

“She is gonna be on Greta to talk about this in about 15 minutes...”

She has been on Hannity and Greta since the book was released and not a word in either interview.....Smart move on her part......Kind of obvious questions about the book seemed to be off limits....


33 posted on 09/28/2011 2:16:05 AM PDT by 3722535r
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To: MestaMachine

“She did bash Fox for being dishonest about her poll numbers being “low” though. Came straight out and said it was bogus.....”

Saw that!!....We thought, she doesn’t care if it’s her own network, she puts the truth out there.....A+ for Governor Palin....


34 posted on 09/28/2011 2:20:01 AM PDT by 3722535r
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To: Chunga

Tru dat, mon!


35 posted on 09/28/2011 1:55:34 PM PDT by pingman (Durn tootin'; I like Glock shootin'!)
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