Posted on 09/26/2011 3:53:55 PM PDT by Al B.
Sarah Palins family attorney John Tiemessen has written a letter to Maya Mavjee, the publisher of the Crown Publishing Group, a division of Random House, that Palin may sue her, the company, and the books author Joe McGinniss for knowingly publishing false statements in his book released last week, The Rogue, ABC News has learned.
The book was widely panned by critics for using unnamed sources to criticize Palin and her family. Tiemessen cites an email they have access to in which McGinniss writes that attorneys from Crown Publishing told him nothing I can cite other than my own reporting rises above the level of tawdry gossip. The proof is always just around the corner, but that is a corner nobody has been able to turn and that McGinniss ran out of time to sufficiently source the book.
A source close to the Palins tells ABC News that the Palins are fighting back and demanding answers from Random House.
Random House is at the top of the food chain and published a book based upon acknowledged unsubstantiated gossip, the source said. The revealing email is key as evidence of this defamatory approach to politics through proxies.
Tiemessen writes in the letter that the email clearly describes the fact that Mr. McGinniss researched and investigated many false and scurrilous allegations, and concluded that there was absolutely no evidence anywhere backing these allegations.
Palins attorney writes that it is malicious for Crown to publish the book when it has proof McGinniss and Crown were fully aware the statements in the book were false, intended to be false, and were intended to harm.
(Excerpt) Read more at abcnews.go.com ...
I am willing to bet that shredders are cranking up and hard drives will “unexpectedly fail” very soon in a lot of places. Like Mrs. Oaf-bama has said, “We have to change our history . . .” and you better believe that they will if they get caught!!!
She would have to divorce herself from this civil suit if she becomes POTUS, but if that got legs and moved it’s way over to Justice, especially with young turks trying to make a name and impress the boss, Katie bar the door....
Joe is a pawn. It's the publisher that has the deep pockets and perhaps a connection to a bigger agenda.
If the case goes forward, we'll find out. Palin's lawyers -- in their letter -- stated that attorney client privilege has been waived by McGinniss's foolish statements in the email about what Random House lawyers were saying. Palin's lawyers specifically put Random House on notice about document preservation.
Mark Levin tonight on his show confirmed this -- that attorney client privilege has been waived by McGinniss's stupidity.
Perhaps this legal action was a necessary precursor to Palin’s entry into the debates. It’s also a good way to help keep this McGuinniss sleaze out of the debates.
There is a legal process that has to be followed before a case can proceed to court. Her lawyers are doing three things with this letter: 1) informing RH and McGinniss that they are about to get sued; 2) putting them on noticed that they are now required to preserve all relevant emails and correspondence, even those of their lawyers since McGinniss screwed up in discussing legal stuff with Griffin, and 3) throwing the ball into RH’s court for a potential settlement.
The chain goes back into Random House by way of the waived client attorney privilege. Discovery, and in this case eDiscovery, can be very effective.
I hope she does sue. She is a public figure, and public figures have a very high standard to prove in libel cases. But this is bad enough that she might actually prevail. The e-mails appear to show that the author acted maliciously and with reckless disregard for the truth may well result in a win for Sarah. Of course, the author will try the “I’m being persecuted” routine. But he might not be able to make it fly given that he is such a creep.
So, the rules of Discovery apply? RH will have to supply every document that may bear on the case to Palin’s lawyers?Icluding All email/mail communication between RH and McGuiness?
Be still my heart. This could have more legs than a centipede.
I’ve already seen a few comments from libs accusing big bad bully Sarah of picking on poor little Joe.
“Palin would have almost no chance of winning in court.”
In most cases I’d agree with you. She’s a public figure and winning a libel case as a public figure is very difficult. But the e-mails that essentially acknowledge a reckless disregard for the truth are pretty damning.
Exactly what I’m worried about. This is too easy. In chess, you worry more about the apparent gift than the clash of lances. Just sayin ...
“This disturbs me in a vague sort of way. She can run for President, or she can sue the crap out of this scumbag, but I dont think she can do both simultaneously.”
Why not? To a certain extent, I think the public is getting tired of outright lies being told and is willing to allow public figures to fight back every now and then. I think the public has a high tolerance for this and expects politicians to show extreme tolerance, but when you have e-mails indicating that the author knew what he was saying was untrue, then I think the bigger issue is whether you’re just allowing yourself to be a punching bag.
Sarah’s email was hacked a few years ago and she pressed charges then. The perp went to jail. That hasn’t hurt her politically, either.
Further, as Mr. McGinniss waived the attorney client privilege and disclosed to third parties what Random House Lawyers told him (he needed sources and the book was not publishable without them), we will also be entitled to review your companys legal correspondence with Mr. McGinniss and his responses thereto.
Thank you. I very much appreciate your response.
Jesus, Mary and Joseph. Christmas in September.
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