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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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1 posted on 09/27/2011 6:48:54 PM PDT by Bigtigermike
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To: Bigtigermike

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


2 posted on 09/27/2011 6:51:08 PM PDT by MestaMachine (Wanna confuse obama? Ask him his REAL name.)
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To: Bigtigermike

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


3 posted on 09/27/2011 6:51:17 PM PDT by MestaMachine (Wanna confuse obama? Ask him his REAL name.)
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To: Bigtigermike

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


4 posted on 09/27/2011 6:51:27 PM PDT by MestaMachine (Wanna confuse obama? Ask him his REAL name.)
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To: MestaMachine

Whoa!!!


5 posted on 09/27/2011 6:52:31 PM PDT by MestaMachine (Wanna confuse obama? Ask him his REAL name.)
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To: MestaMachine

This I gotta see.


6 posted on 09/27/2011 6:56:15 PM PDT by Lurker (The avalanche has begun. The pebbles no longer have a vote.)
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To: MestaMachine

I ... I ... I got it!!!

:)


7 posted on 09/27/2011 6:59:52 PM PDT by ROTB (Christian sin breeds enemies for the USA. If you're a Christian, stop sinning, and spread the Word..)
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To: Bigtigermike

The correct link is http://spectator.org/blog/2011/09/27/palins-enemies-dont-understand


8 posted on 09/27/2011 6:59:52 PM PDT by RightGeek (FUBO and the donkey you rode in on)
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To: Bigtigermike

Likewise, if there’s any allegations about Todd in the book, he could be classified as *not* a public figure and the standard for defamation is lower.


9 posted on 09/27/2011 7:02:07 PM PDT by Tanniker Smith (I didn't know she was a liberal when I married her.)
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To: AdmSmith; AnonymousConservative; Berosus; bigheadfred; Bockscar; ColdOne; Convert from ECUSA; ...

Thanks Bigtigermike.
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.

10 posted on 09/27/2011 7:04:02 PM PDT by SunkenCiv (It's never a bad time to FReep this link -- https://secure.freerepublic.com/donate/)
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To: Lurker

Greta never even brought it up! Last night she said she was definitely going to talk to Sarah about the mcslime thing...and then nothing. GAH!!!!


11 posted on 09/27/2011 7:24:27 PM PDT by MestaMachine (Wanna confuse obama? Ask him his REAL name.)
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To: MestaMachine

“Last night she said she was definitely going to talk to Sarah about the mcslime thing”

Sarah’s lawyers probably told her not to say anything and passed the word onto Greta. She is keeping her cards close to the vest.


12 posted on 09/27/2011 7:29:21 PM PDT by Parley Baer
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To: Bigtigermike
The problem for Palin is not that she would have to prove every allegation in the book false - it's that, according to New York Times Co. v. Sullivan and Hustler Magazine v. Falwell, the plaintiff has to prove actual malice. The thing is, there appears to be evidence in existence that may meet this standard in this case.
13 posted on 09/27/2011 7:31:22 PM PDT by xjcsa (Ridiculing the ridiculous since the day I was born.)
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To: Parley Baer

I figured. Good thing too, probably.


14 posted on 09/27/2011 7:31:51 PM PDT by MestaMachine (Wanna confuse obama? Ask him his REAL name.)
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To: Bigtigermike

This slander suit would be a great victory for the Palins. It would give them some satisfaction after all the insane B.S. that has saturated the bandwidth over the years.

Sarah’s brother, Chuck Heath Jr., said it right when he said:

“The McGinniss book is filled with one lie after another. The final straw for me was when I learned that he used me as a source for his lies about my sister and brother-in-law’s marriage. He included in his book comments falsely attributed to me by one of his unnamed sources. Neither McGinniss nor Crown/Random House reached out to me to verify, or even comment on, this alleged hearsay from an unnamed source. They just ran with it, and as a consequence, the tabloids picked it up and used it to fuel false rumors about my sister getting a divorce. All of this is a total lie, and I’m sick of seeing my sister, her family, and our extended family being trashed by smear-merchants like Joe McGinniss and his publisher.”

May the Palins get their day in court.


15 posted on 09/27/2011 7:33:37 PM PDT by jonrick46 (2012 can't come soon enough.)
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To: Parley Baer

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


16 posted on 09/27/2011 7:34:50 PM PDT by MestaMachine (Wanna confuse obama? Ask him his REAL name.)
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To: jonrick46

I would like to see mcginniss in stocks on the National Mall for as long as he lasts....


17 posted on 09/27/2011 7:39:05 PM PDT by MestaMachine (Wanna confuse obama? Ask him his REAL name.)
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To: MestaMachine
What did you make of the interview?

Real high on Mr. Cain.
Knocked the candidates for ripping each other and allowing the media to turn the process into something like a reality show.
Talked again about how a title constrains her.
Genuinely seems to believe she can make a difference for the country outside of office.
NOTHING good to say about the other candidates.

18 posted on 09/27/2011 7:39:32 PM PDT by gov_bean_ counter
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To: MestaMachine
I would like to see mcginniss in stocks on the National Mall for as long as he lasts....

Naahhh put the stock in the town square in some redneck part of flyover country. There would be a lot more action than in DC. hee hee hee

19 posted on 09/27/2011 8:01:46 PM PDT by Texas Fossil (Government, even in its best state is but a necessary evil; in its worst state an intolerable one)
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To: Bigtigermike

Mentioned in the article:

EXCLUSIVE: Chuck Heath, Jr., Brother of Gov. Palin, Responds to McGinniss, Random House: ‘One Lie After Another’

http://biggovernment.com/publius/2011/09/23/exclusive-chuck-heath-jr-brother-of-gov-palin-responds-to-mcginniss-random-house-one-lie-after-another/

“The McGinniss book is filled with one lie after another. The final straw for me was when I learned that he used me as a source for his lies about my sister and brother-in-law’s marriage. He included in his book comments falsely attributed to me by one of his unnamed sources. Neither McGinniss nor Crown/Random House reached out to me to verify, or even comment on, this alleged hearsay from an unnamed source. They just ran with it, and as a consequence, the tabloids picked it up and used it to fuel false rumors about my sister getting a divorce. All of this is a total lie, and I’m sick of seeing my sister, her family, and our extended family being trashed by smear-merchants like Joe McGinniss and his publisher.”

AND JUST LOOK AT THE RESPONSES AFTER THE STATEMENT. WOW


20 posted on 09/27/2011 8:37:04 PM PDT by Texas Fossil (Government, even in its best state is but a necessary evil; in its worst state an intolerable one)
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