Posted on 08/08/2004 5:39:23 PM PDT by Lando Lincoln
Washington, DC - PipeLineNews - In an unprecedented move, attorneys representing both Senator Kerry and the DNC have attempted to intimidate broadcasters who might be motivated to accept advertising from the Swift Boat Veterans For Truth Committee.
This group has put together a devastating indictment of Senator Kerry's 4 month medal-tour of duty in Vietnam.
What is immediately apparent in the DNC/Kerry attorney's statement is that it repeatedly engages in factual error - it completely misrepresents the Swift Boat advertisement - to the degree that one must question whether that misrepresentation is intentional.
Nowhere in the ad does Medical Officer Louis Letson state that he is a doctor - yet the legal hit piece repeatedly and incorrectly suggests that he claims he was a doctor.
Nowhere in the ad do any of the Swift Boat Veterans claim to have served on any of Kerry's boats - yet Kerry's attorneys continually set that up as a straw-man.
The letter states that Medical Officer Letson "is not listed on any document as having treated Senator Kerry after the December 2, 1968 firefight" yet Kerry has not released all of his service records so the attorneys can not possibly make such a blanket statement absent the totality of the record - they might urge that their client release every single shred of his military record, including his entire medical record. That alone might serve to end this controversy.
The Kerry forces suggest that Gunners Mate 2nd Class, Van Odell's statement that Kerry "lied to get his Bronze Star", is false but offer no proof aside from the assertion that the commendation statement differs from Odell's statement.
The rest of the Kerry/DNC lawyers statement offers a tortured explanation of libel law which, if true, would surely result in an immediate cessation of most media advertising, period.
What the Kerry people have proven by their poorly reasoned, transparently incorrect and hysterical response to the Swift Boat Veterans ad, is that it probably strikes very close to the truth, a truth which is poised to completely unmask the fake hero - posing as a lefty Junior Senator - from Massachusetts.
August 5, 2004
Re: Swift Boat Veterans for Truth
Dear Station Manager:
We are counsel to the Democratic National Committee and John Kerry, respectively. It has been brought to our attention that a group calling itself the "Swift Boat Veterans For Truth" has bought time, or may seek to buy time, on your station to air an advertisement that attacks Senator Kerry. The advertisement contains statements by men who purport to have served on Senator Kerrys Swift boat in Vietnam and one statement by a man pretending to be a doctor who treated Senator Kerry for one of his injuries. 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 and the man pretending to be his doctor was not. The entire advertisement, therefore, is an inflammatory, outrageous lie.
"Swift Boat Veterans For Truth" styles itself as a group of individuals who personally served with John Kerry in the United States Navy in the Vietnam War. In truth, the group is a sham organization spearheaded by a Texas corporate media consultant. It has been financed largely with funds from a Houston homebuilder. See Dallas Morning News, July 23, 2004.
In this groups advertisement, twelve men appear to make statements about Senator Kerry's service in Vietnam. Not a single one of these men served on either of Senator Kerry's two Swift Boats (PCF 44 & PCF 94).
Further, the "doctor" who appears in the ad, Louis Letson, was not a crewmate of Senator Kerry's and was not the doctor who actually signed Senator Kerry's sick call sheet. In fact, another physician actually signed Senator Kerry's sick call sheet. Letson is not listed on any document as having treated Senator Kerry after the December 2, 1968 firefight. Moreover, according to news accounts, Letson did not record his "memories" of that incident until after Senator Kerry became a candidate for president in 2003 (National Review Online, May 4, 2004).
The statements made by phony "crewmates" and "doctor" who appear in the advertisement are also totally, demonstrably and unequivocally false, and libelous. 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 spelled out in the official citation signed by the Secretary of the Navy and the Commander of 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 phony organization.
Your station is not obligated to accept this advertisement for broadcast nor is it required to account in any way for its decision to reject such and advertisement. Columbia Broadcast System v. Democratic National Committee, 412 US 94 (1973); You Can't Afford Dodd Committee, 81 FCC2d 579 (1980). The so-called "Swift Boat Veterans" organization is not a federally candidate or candidate committee. Repeated efforts by organization that are not candidate committees to obtain a private right of access have consistently been rejected by the FCC, See e.g. National Conservative Political actions Committee 89 FCC2c 626 (1982).
Thus your station may freely refuse this advertisement. Because your station has this freedom, 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.
Moreover, as a licensee, you have an overriding duty "to protect the public from false, misleading or deceptive advertising." Licensee Responsibility With Respect to the Broadcast of False, Misleading or Deceptive Advertising, 74 F.C.D2d 623 (1961). Your station normally must take "reasonable steps" to satisfy itself "as to the reliability and reputation of every prospective advertiser." In re Complaint by Consumers Association of District of Colombia, 32 FCC2d 400, 405 (1971)
Under these circumstances, your station may not responsibly air this advertisement, We request that your station not immediately to prevent broadcasts of this advertisement and deny any future sale of time. Knowing that the advertisement is false, and possessing the legal authority to refuse to run it, your station should exercise that authority in the public interest.
Please contact us promptly at either or the phone numbers below to advise us regarding the status of this advertisement.
Sincerely yours,
Marc Eliae
Perkins Coie
607 14th St N.W.
Washington, DC 2005
202 434 1625
Joseph Sandler
Sandler, Reif & Young
50 B St. S.E. #300
Washington, DC 2003
202 479 1111
Al French - Ensign: "I served with John Kerry."
Bob Elder- Lieutenant: "I served with John Kerry."
George Elliott - Lt Commander: "John Kerry has not been honest about what happened in Vietnam."
Al French - Ensign: "He is lying about his record."
Louis Letson - Medical Officer: "I know John Kerry is lying about his first Purple Heart because I treated him for that injury."
Van O'Dell - Gunners 2nd mate: "John Kerry lied to get his bronze star ... I know, I was there, I saw what happened."
Jack Chenoweth - Lieutenant JG: "His account of what happened and what actually happened are the difference between night and day."
Admiral Hoffman - Rear Admiral: "John Kerry has not been honest."
Adrian Lonsdale - Commander: "And he lacks the capacity to lead."
Larry Thurlow - Lieutenant JG: "When the chips were down, you could not count on John Kerry."
Bob Elder- Lieutenant: "John Kerry is no war hero."
Grant Hibbard - Lt Commander: "He betrayed all his shipmates ... he lied before the Senate."
Shelton White - Lieutenant: "John Kerry betrayed the men and women he served with in Vietnam."
Joe Ponder - Gunners Mate 3rdclass: "He dishonored his country ... he most certainly did."
Bob Hildreth - Lieutenant: "I served with John Kerry...& (off-camera): John Kerry cannot be trusted."
Lando
Lando
I keep waiting for the dems to discredit the substance of anything that's been said. So far they've unsuccessfully tried to say the commander has recanted, and unsuccessfully tried to say the doctor didn't treat Kerry, and unsuccessfully tried to say the SwiftVets weren't witnesses to Kerry's actions.
Not a word on the substance of the charges.
Somebody better call the ACLU. I'm in the twilight zone.
How about a 'counter-suit' letter by the Swiftboat vets to the stations that descriminate based on the 'false-hoods' presented in the DNC letter?
Ping. Largely rehashes known material, but good to see it getting wide dissemination.
The DNC can't force the swiftvets to take down their website hehehe.
Kerry is scared sh*tless, he knows this group has credible proof of his lack of integrity. The only thing the 'rats know to do in an uncomfortable situation is to go to court, let's just hope it doesn't work this time.
They did -- not in the form of a counter suit, but a well written rebuttal of the BS demand letter by the DNC and Kerry campaign lawyers.
Perkins Coie
607 14th St N.W.
Washington, DC 2005
202 434 1625
Joseph Sandler
Sandler, Reif & Young
50 B St. S.E. #300
Washington, DC 2003
202 479 1111
I say, since they were kind enough to give their names, addresses and phone numbers, we help out the Swift Boat Vets and point out the errors in the "legal eagles'" citations......frivolous lawsuits suck!!!!
Anyone?......, anyone........?, Buehler.......?, anyone.........???????????
The guy sets up an interview with one of the Swifties then intentionally misquotes him in a piece claiming a recantation of his original statement.
Swift boaters were all over that one too.
Certainly the political party of "rights" strong arm tacticts will make the evening news right?
Just for comparison purposes:
"In 1942, at the age of 19, Bob Dole joined the Army to fight in World War II. He became a second lieutenant in the Army's 10th Mountain Division, and in the spring of 1943, found himself in the hills of Italy fighting the Nazi Germans. Under a heavy shelling attack, Dole saw the Army radioman go down. He crawled out of his foxhole to try to rescue the wounded soldier, but was instead hit by gunfire himself. After the battle, the medics thought Dole would die, however Dole did survive with a shattered right shoulder, fractured vertebrae in his neck and spine, paralysis from the neck down, metal shrapnel throughout his body and a damaged kidney. The doctors did not think that Dole would ever walk again. Dole was decorated twice. He received two Purple Hearts and a Bronze Star with Oakleaf Cluster. Dole then received extensive rehabilitation and nine surgeries. Four years later, Dole had achieved a significant recovery. The story is that to this day, Dole still has the cigar box with receipts of donations of the monies collected for his hospital bills by Dawson's Drug Store and the people of Russell, Kansas. He keeps this as a reminder of their generosity and love."
John Kerry, you`re no Bob Dole.
Nice reply.
The lies of Hanoi Kerry in Vietnam are starting to unravel PING
Wonder if there will be a sequel to "Vacation in Vietnam"?
PS FOX News : Rassessumain (sp) was a Green Beret
NOT a crew member that served with Kerry
like Susan Estrich saaid.
Hanoi Kerry spent 132 days in Vietnam
He spent 730 days trashing our sons, husbands, brothers, uncles and cousins
as baby killers and rapists, along with his best bud Hanoi Jane.
John Kerry : "war hero" or a "war criminal"
http://www.freerepublic.com/focus/f-news/1186991/posts
Answer the question Kerry!
Did you lie about your "heroics" or the "war crimes"?
Can't have it both ways!
RELEASE ALL YOUR MILITARY RECORDS
INCLUDING YOUR MEDICAL RECORDS
THAT INCLUDE THE TREATMENT
FOR THE 3 PURPLE HEARTS.
BEFORE NOV 2nd!
(Bush never said he had all his military records
BUT you did.)
Unless you are hiding something?
Are you?
It's now Aug, where are ALL the records that were promised in April?
PS A "summary" is NOT what you promised.
WASHINGTON, April 21 /U.S. Newswire/ --
The Kerry Campaign announced today that online at
http://www.johnkerry.com
are the official Naval records and the after-action combat reports
that are part of the public record at the Naval Historical Center,
Operational Archives Branch in Washington, DC.
What follows is a summary list of the pages on the website
and a summary of the after-action combat reports.
The direct address for the official Naval records is:
http://www.johnkerry.com/about/military_records.html
bump!
bump
Bump!
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