> Can any civil action be taken to get at Kinko's records?
No. No one has any "standing." Possible exceptions might be Bush, Killian family and CBS.
However, Bush is a public person. Very tough to libel.
Killian family might have case, but any document discovery would be months if not years away.
CBS sue? No way.
Finally, the issue of forging of gmvt documents being a fed felony. Not going to fly either. Sorry, but no chain of custody, no CRIMINAL INTENT, etc.
There is another avenue however. A promise to a source to keep document source secret is a contract between news media and source. Implied contract is; if you give me true and valid information, I will not reveal from where I obtained information. However, if information is false, and source knew or should have known information was false, or in this case, forged, there is no enforceable contract to protect source.
It's an extension of Black Letter Law. You cannot make a contract to do an illegal act. (You cannot make a contract to rob a bank, for example. That's why many "palimony" suits fail. The supposed underlying agreement would amount to a contract for prostitution.)
As an extension, you cannot make a contract to promote a forgery. There was a benefit to the source (they wanted Bush attacked) and they issued a forgery to do that. CBS has no responsibility to protect that source of the forgeries, In fact, as a news organization, it has a duty to tell the whole story and reveal the source, and their apparent motives.
Of course, good effing luck with that.....
You leave out the FCC and its regulation enforcement power. If the FCC decides to investigate the matter.. They have the power to compel Kinkos and anyone else to testify.
The FCC is quasi judicial branch of government. They can be the accuser, pfosecutor, jury, and judge all in one agency.
You are discussing a civil case. That is not where the game will be played. This is a case of potential wrong doing by a Radio and TV station Licensee who has liceneses worth billions of dollars. And if Janet Jackson's breast justified an FCC case, then what do you think the Powell will do with this. The Communications act and the Rules and Regulations of the FCC are clear. CBS is in violation. They can be in trouble big time.
CBS would have fewer rights before the FCC than the accused in the Spanish inquisition. If Michael Powell and the FCC decide to go after them CBS could be toast. This as was established in the Red Lion VS FCC case.. The commision has the right to revoke CBS's broadcast licenses.