Posted on 09/16/2004 9:11:36 AM PDT by areafiftyone
CBS is trying to pin the Rathergate forgery rap on former National Guard officer Bill Burkett - who has no prominent ties to the Kerry campaign or the Democratic Party.
According to the New York Times, as CBS was preparing to admit that documents aired by news star Dan Rather might have been fabricated, "a person at the network named Mr. Burkett as a source of records critical of Mr. Bush's Vietnam era service that CBS said last week came from the personal files of Lieutenant Bush's squadron commander, Lt. Col. Jerry B. Killian."
So far Burkett has not responded. And he rebuffed a Times reporter who showed up at his Baird, Texas ranch yesterday.
But the former Guardsman's San Antonio lawyer, David Van Os, told the Times, "The possibility that Bill Burkett would falsify documents or falsify any story is zero."
The paper inexplicably characterized Os's denial as a refusal to answer.
Burkett, however, has been complaining for years that he saw documents from President Bush's National Guard file being tossed in the trash in 1997, with top Bush aide Joe Albaugh allegedly overseeing the file clean-up.
In the last weeks of the 2000 election, he went public with his story for the first time - but failed to produce any records, forged or otherwise, to back it up.
When Democratic National Committee chairman Terry McAuliffe resurrected the Bush Guard story last February, Burkett was in the spotlight again.
He told the Dallas Morning News that Allbaugh ordered the National Guard chief in Texas to get the Bush file and make certain "there's not anything there that will embarrass the governor."
A few days later, said Burkett, he saw Bush's file and documents from it discarded in a trash can. He said he recognized the documents as retirement point summaries and pay forms.
But he made no mention at the time of any memo from Bush's commander, Lt. Col. Killian, who, in the Rathergate forgery, complained about orders to "sugacoat" Bush records.
Unnoted in today's Times report fingering Burkett was the most telling non-denial to surface so far in the Rathergate imbroglio - a refusal by an unnamed senior CBS executive to deny that Rather got the Killian forgery from the Kerry campaign.
According to Sunday's New York Post, the network exec said he "couldn't answer that question," then hung up.
Also overlooked - an intriguing detail cited repeatedly over the last two days by radio host Sean Hannity from Saturday's Dallas Morning News report on Rathergate.
"Earlier this year," reported the paper, "Kerry aides raised the exact points the memo seemed to address."
The evidence of a Kerry connection may be scant so far - but it's a whole lot more persuasive then efforts by the Times and CBS to turn Bill Burkett into Rathergate's fallguy.
I was just googling her name earlier and came across some blurbs that she's considering a run for Austin mayor in '06.
Because forging history is not a criminal offense.
I hear that [a crime has been commited] quite a bit. And since FR is a leading edge news operation, I have been trying to figure out exactly what criminal charges might be available.
So far, nobody on this board has posted a credible citation for the proposition that CBS and Dan Rather are guilty of anything more than defaming GWB (not criminal. civil liability only) and journalism fraud (not criminal, self-policed by the so-called journalism profession. Did you know Mike Barnicle is still working?).
I have looked at forgery law from many angles, and forgery of history is not illegal. No present legal rights, or legal records (e.g., title to vehicles) are affected by these forgeries. The only thing possibly affected, if one believed the forgeries were authentic, is a voter's decision. That isn't vote fraud - we are fed lies all the time about candidates, and that is not vote fraud.
So, what I ask is if you have or see a credible and sufficiently detailed citation (statute, case law) for the proposition that a crime has been committed, let me know.
http://www.freerepublic.com/focus/f-news/1216465/posts?page=133#133 <-- Read the thread from here
Believe me, Burkett's name is slime in the Texas National Guard. I work "under the flag pole" and you DO NOT bring that name up at all. He is not one of the better examples of what guardmen are, and actually gives us a bad name.
This may have already been covered by others, but...
US Code > TITLE 18 > PART I > CHAPTER 63 > Sec. 1343. - Fraud by wire, radio, or television
Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, transmits or causes to be transmitted by means of wire, radio, or television communication in interstate or foreign commerce, any writings, signs, signals, pictures, or sounds for the purpose of executing such scheme or artifice, shall be fined under this title or imprisoned not more than 20 years, or both. If the violation affects a financial institution, such person shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both
And, as I learned from John Grisham, that's for each count, so if Rather and company have covered this in the two 60 Minutes II pieces and the newscasts Friday, Monday, Tuesday and Wednesday, that's 6 counts, minimum, and at least 120 years potential jail time. I think the sentencing guideline calls for 5 years minimum, so that would be minimum 30 years.
Also, notice that it is to "defraud or for obtaining money..." You could make the argument that they are getting advertising money by fraud, but that's not necessary. I think in this case "defraud" would not need to include monetary gain, directly.
C'mon FReeper lawyers, let's give the FBI exactly the code, law, etc. they need to walk in and bust these crooks.
The counterfeiter or the person who willingly passes a phony piece of currency?
OK Ashcroft, send the boys in!
On another thread, it was mentioned that Van Os was one of Gore's lawyers in the 2000 Florida recount effort. He may have done that work pro bono, who knows.
I wonder if Van Os is Burkett's "family lawyer" or if he was just recently assigned to Burkett by the DNC to keep an eye on him. Burkett has been unstable emotionally in the past, not someone you can really trust. Is Van Os Burkett's babysitter?
Both of course. Have the FBI bust down the doors of these hoods, drag them all down to the station, and put the bright lights on them.
bump
I think it's too late for Danny boy. The DNC will probably squeek by, but Danny needed to pull his pants back up days ago.
Those who remember DFOB know that you are only half kidding
WHY! WHY! I WANT ANSWERS & I WANT THEM NOW!!
Dear randita,
Mr. Burkett served as head of the Steering Committee for Mr. Van Os' campaign for Texas Democrat Party chairman in 2002. They apparently have some history together.
sitetest
Article from 1999 Ben Barnes said he contacted Rose (ANG commander) by telephone on Bush's behalf. Under oath, this man said Barnes gave him the names and he passed them on to Rose. Barnes is behind this. What a liar!
(IMO) .. there are many players involved in this behind the scenes
Like of all people .. why did the Boston Globe go to Lawrence Korb for an opinion in their article?
Publicity is apparently not equalling ratings.
Viewers are voting with their remotes.
Do we know this??? I know there's plenty of inuendo, but is there any evidence? I think we need to look for the truth wherever it takes us, rather than search for whatever truth we WANT to find.
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