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.
Having litigated libel suits, I can tell you that it would be fantastic if John Kerry filed a libel suit against these people. First, he would be obligated to testify at a deposition, and we could have all kinds of fun with that. Second, in a libel suit, the measure of damages is based on the harm to a person's reputation, and so Kerry's reputation would be relevant. You could get into all kinds of events from his life, and depose all kinds of witnesses, while delving into that issue.
The letter also invites the recpient to "contact us regarding the status of this advertizement."
Gee, I wonder who gets billed for the time these guys spend on the phone?
Your right conservatives know that Bush is not behind this. All Bush should and needs to say is this election is not about the past and Vietnam it is about the future. Let the SwiftBoats carry this torch themselves. Bush needs to stay above the fray and let the RNC attack him on his voting record and shallow Senate career. We can help support them financially, as will many Bush supporters. I think it actually helps Bush in that it draws attention to the story, because the facts are fairly compelling. But in the end this election is not about Vietnam. That's why nobody cared a rat's A** about Kerry's acceptance speech. In terms of strategy though the White House did the right think in order to innoculate themselves from critcism.
And they are. The White House politely distanced itself from all 527 ads, without specifically condemning this group.
This is not a Republican group - it is a veteran's group, made up of Republicans, Democrats and Independents who had the misfortune to serve with Kerry in Vietnam.
Gee....if they wanna make a big stink about this, they will lose. We will see the Swift Boat Vets as guests on talk shows, we will see their lawyers as talking heads, we will see commentary by station managers who both refuse and show the ad, and that will all be free because it's news coverage. The issues will get out there without the ad running, as long as the Kerrorists want to make a stink....
No need for analogy. Bush has already been accused of collaborating with the Saudi government to arrange 9/11 in a friggin' wide-release film. His lawyer's didn't sue the theaters because they knew the "censorship" cries would blow back in his face. The Dems obviously decided they needed to batten down the hatches.
Wow - a tv station manager (??) from WTMJ in Wisconsin called the lawyers after getting this fax, and the lawyer told him it wasn't a threat, but a request.
WTMJ is going to go ahead and play the ad.
The guy just called Hannity. He said he was blown away when he got the fax - he also said the packet the vets sent with the ad was very good.
Does any one see a trend here?
No, that is a false anology. That would actaully be slander. The point here is they are not going after the authors of the ad but rather trying to limit its distibution. This is just a fig leaf for leftist media outlets. It gives them an excuse not to run the ad. IT will be interesting to see were the ad does run if indeed it runs at all. Let's see how the Swift boat vets respond.
Right back to the country club after the election is lost. Great idea. ( not )
I agree 1000%. The only thing I am a little worried about though is where these guys got their start-up money. 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.
This is the kind of ad that could change voters' minds all by itself, and could turn them off to Kerry completely. It is THAT powerful.
Hmmm, I couldn't have said it better myself!
Care to explain that comment? I don't understand your point.
I have found that such demand letters are usually hollow. They are just scare tactics used to intimidate.
It is just a question of whether the stations actually want to sacrifice a paying full freight advertisement for a tissue of a demand letter.
(kind of like an empty demand letter from a pre-paid legal service.)
If these lawyers were serious they would have filed a complaint or lawysuit. They can't because suing the stations will possibly aggrivate their allies.
Good point.
Well that ensures it will hit the big time. Forget the advertisement, we've got ourselves a media storm!
Hmmm, the time is probably charged to the DNC. We need to encourage all station managers to call these lawyers and run up the bill.
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