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It will NEVER be prosecuted, even if evidence turns up it was an intentional smear.
It will NEVER be prosecuted, even if evidence turns up it was an intentional smear."This tragedy that became a farce is now a crime."
It is not a crime, but it IS a tort. Even if his nomination is confirmed - and he will have no choice if it isn’t - Kavanaugh should sue “the MSM” - that is, “the Associated Press and its members, joint and several liability” for defamation and libel. He should argue that
- ”actual malice” is patent in this case. And,
- even assuming that it is not, for the sake of the reputation of the judiciary, an exception in NY Times v. Sullivan must apply to judicial nominees such that they are NOT “public figures” who must prove actual malice. And,
- the NY Times v. Sullivan decision was wrongly decided, and the “actual malice” standard must be defined down.
No treatment of the cynical monster known as the Associated Press would be complete, of course, without noting that it is in violation of the Sherman AntiTrust Act of 1890. And that its mission of the conservation of expensive telegraphy bandwidth in the dissemination of the news is obsolete and therefore the AP is therefore no longer “too big to fail."