Posted on 08/10/2004 6:13:09 PM PDT by PatriotHewett
This American Hero is doing a great job! Go Swift Boat Veterans for Truth!
Can't. They're not done writing it yet.
Think like a liberal for a minute.
It's the blood in the water that they need to call him a right wing wacko and therefore not to be heard.
Hillary's VRWC marches on and her hordes are still being trained to protect Americans from the nasty VRWC.
Some of the Swifties are saying that quite openly.
Colmes is so flunked the first grade. LOL The Republicans have had to let the dems "get into" Bush's service. The records are released. There isn't anything to get into any more.
In fact, I'd love LOVE to see W's record stacked up in a side-by-side against kerry's. What a howler that would be.
Release the records, John. Whaddya 'fraid of? A man who served honorably shouldn't have anything to fear about that.
He's right up there with, and IMO, exceeding, Bill Clinton in his loathing of our military.
See Lt. Col. Buzz Patterson's book, Reckless Disregard, for Kerry's voting record against our military.
Kerry is a partisan Clymer.. Nixon wasn't even President on Christmas Eve in 1968, Johnson was. Nixon was President-elect and wasn't sworn in until January of 1969. Figures he'd lie and blame the Republicans. It's the Democrat's MO and all.
Possible, yes. Probable, no.
To get an injunction, Kerry would have to show irreparable harm to his reputation and either a likelihood of success on the merits or "sufficiently serious questions going to the merits to make them a fair ground for litigation and a balance of hardships tipping decidedly toward(s)" Kerry. Hammer v. Trendl, 2003 U.S. Dist. LEXIS 623.
What's working against Kerry is:
1) Political speech is protected more than just about anything under the First Amendment. The right to criticize the government was partially what the American Revolution was all about so our forefathers sought to protect it in the BoR as almost sacrosanct,
2) As a public figure, in order to prove a libel, Kerry is going to have to prove "actual malice," which basically means that the swift boat vets knew that their statements were false and nonetheless published them anyway.
3) To that end, Kerry would provide an affidavit alleging that the statements are false. The Swifties would file affidavits stating that what they said was true as truth is an absolute defense to a libel action.
4) It'd be extremely difficult, if not impossible for Kerry to prove "actual malice" just on the basis of his affidavit alone. There would be a question of fact (e.g. factual dispute) over whether the uttered statements were true because you would have conflicting affidavits. To that end, I couldn't see a court making such a determination without at least conducting some discovery and/or a hearing and hearings take time.
5) Even if Kerry were to try to get an injunction on an expedited basis on the basis of his own affidavit, if memory serves (and it's been a while since I've dealt with this issue)notice usually has to be given to the party you are seeking to enjoin before an injunction hearing can be heard. Even if a judge gives the swift vets an hour of notice, they'd have counsel there since they are prepared to fight. They also have extensive affidavits already on file that could be used to defend a libel suit.
6) You have four days until the book is allegedly published, which makes it difficult to do anything to stop the publishing of the book from a practical standpoint.
7) There has been discussion ad nasuem in the media about the book already, so there is a question whether Kerry could be further irreparably harmed in the first place from the book being published.
With that said, courts can also be as partisan as the hack of a judge that is presiding in the courtroom. If Kerry were to play the "ping pong ball lottery" in a Federal courthouse and get a wacko leftist district court judge, all bets could be off.
However, in most likelihood, Kerry would never win a libel suit against the swift boats, and, more importantly, would never file one during the campaign because he'd lose in the arena of public opinion since he would make his service (and lack thereof) an issue. Nothing good can come from that except to distract from the Kerry message of the day of flipping and flopping.
I am sure other lawyer-type FReepers who are more knowledgeable on some of the inner workings of preliminary injunctions (especially those injunctions that are asked for when a case is first filed) and may know more than myself, but I don't think a preliminary injunction would pass the smell test to most reasonable-minded judges.
BTTT!!!!!!
Please read Buzz Patterson's Reckless Disregard. Here's a quote.
"I would think that if you understood what communism was, you would hope, you would pray [to whom?] on your knees that we would someday become communist." Jane Fonda, Michigan State University, November 22, 1969Patterson writes about one POW who refused to go out upon VC orders to be photographed with Fonda during one of her tours to collaborate with the enemy. His arm had been broken before his capture and never healed properly. The VC broke it again to induce him to join Fonda.
Honestly, I don't know how she can live with herself.
Have you heard if they plan to do another TV ad?
I've also read but can't verify that you do not get replacement medals with your name on them if you lose or toss yours.
There is the further issue of medals and ribbons, which stand for the same honor but each is worn on a unique uniform. Kerry multiplied the number of medals he said he was awarded by counting both the ribbons and the medals in the total.
None.
Kerry's the one.
It's "seared....seared.." into your memory?
Still picking rice out of Kerry's ... field.
Tonkin.......I went to that link, but couldn't find out just what files Kerry Site is deleting. Is it his military records or time frame?
I remember it, but not that the guy in hospital with three PH's was unscrupulous; Popeye said "You have no shame," but they were laughing about it -- the 3-PH guy actually did have three wounds (one being a boil) and it seemed he couldn't help it that he had them; they set up that scene to point out the discrepancy between types of wounds and medals and how they don't reflect degree of injury. At least the BoB 3 PH guy actually spent time in the hospital.
He has said so publicly. Patterson quotes him in his book, Reckless Disregard, to that effect.
I know the Kerry people have made sure that book he wrote is no where to be found BUT that cover with the American Flag flying upside down and the hippy scum degrading the Iwo Jima Flag Raising is available
Copies should be made and distributed outside of and in military towns throughout the USA
Copies should also go to every Veteran Oranization with copies for all the members
In addition Rush and other talk show hosts should publicize the fact that the Kerry people removed the book from circulation
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