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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

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.


41 posted on 08/05/2004 2:44:49 PM PDT by Defiant ("Hi, Billy Blythe, nice to meet ya. I'm John Kohn.")
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To: bird4four4
"Boy remember how pissed they were when Disney excersized this right to refuse Fahrenheit 9/11 They were screaming censorship but now are asking for the same thing they denounced two months ago."

I'm still puzzled why Disney refused Fahrenheit 9/11. After all, Disney's stock and trade has always been fantasy.
42 posted on 08/05/2004 2:45:05 PM PDT by Uncle Vlad
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To: stylin_geek

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?


43 posted on 08/05/2004 2:45:35 PM PDT by eno_ (Freedom Lite, it's almost worth defending.)
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To: Reagan79

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.


44 posted on 08/05/2004 2:46:13 PM PDT by Reagan79 (Bush - Cheney 2004, Now More Than Ever!)
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To: Unam Sanctam
Republicans should take the high road, in my opinion.

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.

45 posted on 08/05/2004 2:46:47 PM PDT by CA Conservative
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To: Grig
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....
46 posted on 08/05/2004 2:46:58 PM PDT by atomicpossum (If there are two Americas, John Edwards isn't qualified to lead either of them.)
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To: jojodamofo

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.


47 posted on 08/05/2004 2:47:19 PM PDT by Callahan
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To: Uncle Vlad

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.


48 posted on 08/05/2004 2:47:57 PM PDT by DaughterOfAnIwoJimaVet (Some of my best friends are white, middle-class males.)
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To: Grig
A threatening deceitful letter from two shysters hired by a charlatan narcissist shyster running for President with an ambulance chasing low-life shyster as his Vice Presidential running mate, in a campaign whose largest single group of money men contributors is the white collar criminal sociopath shyster industry.

Does any one see a trend here?

49 posted on 08/05/2004 2:48:01 PM PDT by FormerACLUmember (Free Republic is 21st Century Samizdat)
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To: jojodamofo

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.


50 posted on 08/05/2004 2:48:56 PM PDT by CasearianDaoist
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To: Unam Sanctam
Republicans should take the high road, in my opinion.

Right back to the country club after the election is lost. Great idea. ( not )

51 posted on 08/05/2004 2:49:06 PM PDT by Stentor
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To: Reagan79

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.


52 posted on 08/05/2004 2:49:08 PM PDT by jojodamofo
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To: Grig

53 posted on 08/05/2004 2:49:17 PM PDT by Petronski (I'm not always cranky.)
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To: zencat

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.


54 posted on 08/05/2004 2:49:18 PM PDT by PackerBoy (Just my opinion ....)
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To: FormerACLUmember

Hmmm, I couldn't have said it better myself!


55 posted on 08/05/2004 2:49:25 PM PDT by Max7
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To: longtermmemmory
This smack of coordination in violation of FEC rules.

Care to explain that comment? I don't understand your point.

56 posted on 08/05/2004 2:49:47 PM PDT by CA Conservative
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To: Ramonan

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.


57 posted on 08/05/2004 2:50:37 PM PDT by longtermmemmory (VOTE!)
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To: jojodamofo

Good point.


58 posted on 08/05/2004 2:51:10 PM PDT by Max7
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To: Grig

Well that ensures it will hit the big time. Forget the advertisement, we've got ourselves a media storm!


59 posted on 08/05/2004 2:51:13 PM PDT by Uncle Miltie (Mullahs swinging from lamp posts.....)
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To: eno_

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.


60 posted on 08/05/2004 2:51:14 PM PDT by stylin_geek (Koffi: 0, G.W. Bush: (I lost count))
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