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DNC Lawyers Work To Muzzle Swift Boat Vets' Ad
humaneventsonline.com via Drudge ^

Posted on 08/05/2004 2:31:25 PM PDT by Grig

HUMAN EVENTS has obtained a copy of a letter which lawyers for the Democratic National Committee and John Kerry have sent to television station managers attempting to suppress the blistering anti-Kerry TV spot created by the Swift Boat Veterans for Truth and first reported here on HumanEventsOnline.com.

The letter claims the ad is "false" and "libelous" and suggests, in not-so-subtle terms, that TV stations should use their "legal authority" to refuse any requests for advertising airtime, stating that "because your station has this freedom [to refuse the ad], and because it is not a 'use' of your facilities by a clearly identified candidate, your station is responsible for the false and libelous charges made by this sponsor" (emphasis added).

As their first piece of evidence of the ad's supposed lies, the DNC/Kerry lawyers claim that the veterans in the ad "purport to have served on Senator Kerry's SWIFT Boat in Vietnam" but, "in fact, not a single one of the men who pretend to have served with Senator Kerry was actually a crewmate of Senator Kerry's." The problem is that none of these men claimed to have served on Kerry's SWIFT Boat. They simply said they "served with John Kerry" -- and they did.

The letter goes on to make several more misleading statements about the advertisement, in an attempt to protect Kerry's "war hero" record. Read the full text below.


TOPICS: Breaking News; Politics/Elections
KEYWORDS: ads; alllawyersareliars; bandoflawyers; dnc; kerry; swiftboat; swiftboatveterans
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To: Grig

If veterans are not allowed to speak then I figure the next 8.0 earthquake will be at Arlington when the whole lot of them roll over in their graves.

God help America.


161 posted on 08/05/2004 4:42:21 PM PDT by festus (The constitution may be flawed but its a whole lot better than what we have now.)
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Comment #162 Removed by Moderator

To: All
I believe that this is from Rick Perlstein's book, Before the Storm.

"The ad showed a little girl in a field picking petals off a daisy. 'One, two, three, four, five, seven, six, eight, nine,' she counts; then, startled, looks up from the flower. The next scene is of an atomic bomb exploding while Johnson's voice intones, 'These are the stakes--to make a world in which all of God's children can live, or to go into the dark....' An announcer breaks in, 'Vote for President Johnson on November 3. The stakes are too high for you to stay home.' Soon Time magazine was reprinting jokes like, 'Goldwater's first major address as President: "Ten ... nine ... eight ... seven...' And, 'What would a Goldwater presidency be like? Brief.'"

Oh how I remember that ad. I saw it many times. What? you ask. Many times? How could that be. After the RNC protested the first and only paid telecast the DNC stopped showing it.

The ad became a NEWS ITEM. The TV network employees reported on it and showed it every night for days! Probably everyone in America with a TV saw it on the "NEWS."

Payback time.

163 posted on 08/05/2004 4:44:18 PM PDT by WilliamofCarmichael (Benedict Arnold was a hero for both sides in the same war, too!)
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To: Defiant

Then being a lawyer you know that the primary reason for this is to give liberal station managers cover to refuse to air this "controversial ad" and th bully others into not doing it. Even if he DID file a suit, the only purpose would be to get an injunction until after the election to prevent them from airing it.


164 posted on 08/05/2004 4:46:29 PM PDT by Blood of Tyrants (Even if the government took all your earnings, you wouldn't be, in its eyes, a slave.)
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To: jojodamofo
That's a good spin for this -- but honestly, imagine if some lib group put out ads claiming that the President had lynched some black when he was supposed to be at National Guard duty. Even though it is obviously untrue, you better believe that the President and his lawyers would care and would jump all over anyone who tried to broadcast it.

President Bush has been accused of:

-- Knowing in advance about the 9/11 attacks
-- Lying to the American people about the threat from Iraq
-- Being AWOL from his National Guard service

That's off the top of my head. No lawsuits so far.

165 posted on 08/05/2004 4:47:19 PM PDT by Brandon
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To: eno_

SENT EMAIL TO DNC Loser Lawyer

Dear Sir:

This ad must really have touched a nerve at the DNC to threaten law suits against a group of people simply excersizing their FIRST AMENDMENT RIGHT. Truth hurts doesn't it...and your claims are specious--at no time did they claim to serve ON KERRY'S BOAT!

Kinda funny that when CONSERVATIVES speak out, you get all girly-man and whine about it. Kerry himself said "bring it on"...so now we do.

I also see that your tactics could be equally applied to Micheal Moore's propaganda film "Fahrenheit 9/11"...but of course, since that is DEMOKrat free speach it's OK isn't it...?

Bring it on girly men...we are not afraid of Kerry, Johnny or their wives.

Wondering if you have the guts to reply, I am a

PROUD AMERICAN FOR PRESIDENT BUSH


166 posted on 08/05/2004 4:51:08 PM PDT by GRRRRR (Love America? VOTE REPUBLICAN!!)
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To: GRRRRR

Hey, maybe Kerry's handlers could release his Navy medical records and clear this all up. or maybe someone should sue to have them opened...along with his divorce records...


167 posted on 08/05/2004 4:56:39 PM PDT by New Girl
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To: StarFan; Dutchy; alisasny; BobFromNJ; BUNNY2003; Cacique; Clemenza; Coleus; cyborg; DKNY; ...
ping!

Please FReepmail me if you want on or off my infrequent ‘miscellaneous’ ping list.

168 posted on 08/05/2004 5:00:30 PM PDT by nutmeg ("We're going to take things away from you on behalf of the common good." - Comrade Hillary - 6/28/04)
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To: Grig
The statements made by the phoney "crewmates" and "doctor" who appear in the advertisement are also totally, demonstrably and unequivocally false, and libellous. In Particular, the advertisement charges that Senator Kerry "lied to get his Bronze Star." Just as falsely, it states that "he lied before the Senate." These are serious allegations of actual crimes - specifically, of lying to the United States Government in the conduct of its official business. The events for which the Senator was awarded the Bronze Star have been documented repeatedly and in detail and are set out in the official citation signed by the Secretary of the Navy and the Commander of the U.S. Forces in Vietnam. And yet these reckless charges of criminal conduct are offered without support or authentication, by fake "witnesses" speaking on behalf of a phoney organization.

Haven't they just libeled (or slandered I can never keep that straight) the vets in question? I'm refering to the charges of misrepresentation of who the vets are/were and that their organzation is somehow "phoney". Those were once called "fighting words", but these days folks fight with lawyers, up to a point at least. I'm sure there are plenty of veterans who are darn good lawyers, and would climb all over each other for a chance to do a little "pro bono" work.

169 posted on 08/05/2004 5:01:07 PM PDT by El Gato (Federal Judges can twist the Constitution into anything.. Or so they think.)
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To: longtermmemmory
Campaign rules do not allow coordination between Party and Candidate.

If the same rules applied to R's and D's, then we'd have 'em by the short and curlies. They clearly state that they are counsel for the DNC and the Kerry campaign, which would seem evidence of coordination since they both signed the letter.

170 posted on 08/05/2004 5:03:20 PM PDT by El Gato (Federal Judges can twist the Constitution into anything.. Or so they think.)
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To: jojodamofo
If it came from some key Bush supporters or donors, and wasn't buried or laundered well, this whole thing will backfire in a big way.

I must be running a little "slow" today but I don't understand your point. Soros has already said he would spend his entire fortune to defeat Bush. All these Hollyweird types are devoting huge sums of money, effort and time to the same purpose. Do they get a free pass?
171 posted on 08/05/2004 5:03:33 PM PDT by JayNorth
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To: Grig; Ramonan; newgeezer; DaughterOfAnIwoJimaVet; Reagan79; b fair; zencat; tobyhill; eno_; ...
I am alittle disappointed in reading this thread :-) granted the fax was unreadable, but am I the only one that noticed this lil nugget?

Please contact us at either of the phone numbers below to advise us regarding the status of this advertisement.

(202) 434-1625
(202) 479-1111

Now I am not encouraging anyone to use these numbers in impropers way at all, /sarcam I just thought it was facinating that real numbers are just out in this story, screaming "call me!"... Bet The Lawyer's Party'll never do this again.


172 posted on 08/05/2004 5:08:45 PM PDT by PeoplesRep_of_LA (Dreier; Too bad, he was a good guy. Now he's a good example.)
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To: b fair
Who is "we"? What did Moore say about you?

Not trying' to be picky, but to sue for libel you have to be libeled.

173 posted on 08/05/2004 5:14:02 PM PDT by lugsoul (Until at last I threw down my enemy and smote his ruin on the mountainside.)
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To: Grig; xzins; jude24
These attorneys have no standing to sue or to even threaten a suit on behalf of Kerry. These are not Kerry's lawyers they are the lawyers for the DNC and the Kerry Edwards campaign.

I question the ethics of these lawyers in attempting to get stations to not play this ad under threat of a lawsuit that they have no standing to bring. Only Kerry could bring such a suit and these are not John Kerry's personal attorneys.

I honestly think this may be a violation of the Code of Professional Responsibility and borders on extortion.

174 posted on 08/05/2004 5:16:08 PM PDT by P-Marlowe
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To: 68-69TonkinGulfYachtClub

BUMP !!


175 posted on 08/05/2004 5:19:42 PM PDT by glock rocks (I'm glock rocks and I approved this post.)
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To: Grig
The statements made by the phoney "crewmates" and "doctor" who appear in the advertisement are also totally, demonstrably and unequivocally false, and libellous.

If this were true they would be suing Swift Boat Veterans for the Truth, not sending intimidating letters to the broadcasters.

176 posted on 08/05/2004 5:19:47 PM PDT by The_Victor
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To: Petronski

Outstanding. I love it.


177 posted on 08/05/2004 5:25:49 PM PDT by Bloody Sam Roberts (May the wings of Liberty never lose so much as a feather.)
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To: 68-69TonkinGulfYachtClub

Listening to that clip, there is one easy to prove lie in it. Kerry stated that .50 caliber machine guns were the only weapon they (the PCFs) had to use against people. He himself used an M-79 According to swiftboats.net the armament consisted of:

Twin .50-caliber Browning machine guns, with heavy barrels, on a Mark 17/Mod 1 manually operated, twin-scarf-ring mount. Capable of firing at 450-550 RPM and equipped with ammo cans for 500-600 rounds per gun. All located on the boat centerline, in a guntub, mounted on top of the pilothouse and designated "mount 51."

- 81mm Mark 2/Mod 0, trigger fired mortar with a .50-caliber, semi-automatic capable, Browning machine gun, with heavy barrel, fixed atop it, and equipped with an ammo can for 100 or 300 rounds. All mounted to an on centerline fantail tripod and designated "mount 52." It was also referred to as the "over and under weapon."

Typical 81mm ammunition load carried on board, in the stern mounted ready service locker and two main cabin floor lockers was:

- High Explosive w/Point Detonate fuse - 80 rounds

- White Phosphorus w/Point Detonate fuse - 15 rounds

- Flechette (Mark 120/Mod 0) added to the allowance in November 1969

- Illumination w/Time fuse - 20 rounds

- Proximity (Variable Time) fuse - 8 per boat

- Mark 19, 40mm, belt feed, grenade launcher, was installed on the bow of 26 boats, in November/December 1969 time frame.

- various crew member weapons, to include: M-60 machine guns, M-79 grenade launchers with (illumination, high explosive, flechette and 00 buckshot) rounds, M-14 and or M-16 rifles, 12 gauge Ithaca riot gun, .38 caliber or .45 caliber pistols, various types of hand grenades (fragmentation, concussion - M3A1, thermite and red, yellow and green smoke), very pistols (flare gun) and at times, some C-4 explosive.

So Kerry did lie and the SwiftVets are home free. Not that he didn't lie about a whole lot of other things as well, much more important things. But also more difficult to prove at this late date.


178 posted on 08/05/2004 5:27:01 PM PDT by El Gato (Federal Judges can twist the Constitution into anything.. Or so they think.)
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To: KarlInOhio
Swift boats weren't big enough to have doctors on the boat, so of course he wasn't a crewmate. If this was for the first purple heart, the "doctor" who signed off was a hospitalman first class, i.e. a medic. Sorry you don't get a doctor to sign off for a metal fragment the size of a matchstick.

On Kerry's own website, he has a PDF file with two of the messages filed from the Medical Officer who treated him. In both cases he was treated by the Medical Officer on a Coast Guard cutter. Both times he was IMMEDIATELY returned to duty. Once his prognosis was listed as good, the other excellent. Those were for the 2nd and 3rd Purple Hearts. They also said do not notify next of kin. All of which indicates the wounds were very minor.

The first wound only needed Bactine according to the doctor who treated Kerry.

179 posted on 08/05/2004 5:37:46 PM PDT by Doctor Raoul (KERRY IS A POODLE: #1 He's French, #2 He's A Rich Woman's Pet, #3 He Won't Protect You)
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To: b fair

Or the NAALCP for the chains behind the pickup truck ad smearing Bush in 2000?

The Swift Vets add looks like it's protected by the First Amendment to me - or wait, no kiddie porn in it so it can't be.


180 posted on 08/05/2004 5:57:23 PM PDT by Let's Roll (Kerry is a self-confessed unindicted war criminal or ... a traitor to his country in a time of war)
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