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The New Book Attacking Kerry's War Record:How It Defames the Candidate, and Why He Should Sue
How should Kerry deal with the attacks? He should take a page from the playbook of the last U.S. Senator to receive his party's presidential nomination: Barry Goldwater, in 1964. Goldwater suffered the same type of attack, and set a precedent as to how to counter it: Sue. Never has a book been more deserving of a defamation lawsuit. And Kerry has several reasons to sue. One is to put these false claims to rest forever. The other is to deter future, similar claims.
Recall the absurd 1992 charges that Bill Clinton was running drugs and murdering people. Most people laughed, and Clinton chose to do nothing about the claims, during the election or after. But the Clintons paid a cost for not suing: Even more ridiculous charges - claiming Vince Foster's suicide was a murder, and so on - followed, and critics were emboldened to say anything they wanted about the Clintons, regardless of veracity.
Kerry should take a stand not only for himself, but for future candidates and elected officials. Factually baseless attacks knowingly designed to destroy political opponents should be culled from our system: Defamation law is meant to serve that purpose, and so it is time for Kerry to file suit.
votelaw.com
Three campaign finance watchdog groups filed a complaint Tuesday accusing a group of Vietnam veterans of violating the campaign finance law by airing an ad that challenges Democratic presidential nominee John Kerry's military record. Democracy 21, the Center for Responsive Politics and the Campaign Legal Center argue that the ad by Swift Boat Veterans for Truth violates a federal ban on the use of unlimited donations, often referred to as "soft money," to influence federal elections. The group bought $500,000 worth of airtime to run the ad in Wisconsin, Ohio and West Virginia.
In the ad, the group accuses Kerry, a decorated Vietnam veteran, of lying about his war record and betraying fellow veterans by later protesting the conflict. Veterans who served with Kerry on his swiftboat have said the group is lying, and Republican Sen. John McCain of Arizona has called the ad "dishonest and dishonorable."
In the complaint to the Federal Election Commission, the watchdog groups argued that Swift Boat Veterans for Truth should have used only limited contributions from individuals known as hard money on the ad and should disclose its donations and spending in reports to the FEC.
Can Kerry make a case that Bush broke the law?
Nonetheless, the Kerry campaign filed a complaint with the Federal Election Commission on Friday against the Swift Boat Veterans, accusing the group of "violating the law with inaccurate ads that are illegally coordinated with the Bush-Cheney presidential campaign and Republican National Committee."
Doak: Kerry can serve his country again — Sue the Swift Boat Vets
The Swift Boat Veterans for Truth was the group that, among other charges, asserted that Kerry did not deserve the combat medals he was awarded by the Navy in Vietnam. The available evidence indicated the Swift Boat assertions were false.
For a public figure to win a libel suit, however, it is not sufficient to establish that the statements were false. The plaintiff must be able to prove that the statements were published with "actual malice." That is, the Swift Boat Veterans must have known the information was false or published it with reckless disregard for whether it was true or false.
Kerry would have a heavy burden of proof if he decided to sue, but he might be able to show at least a reckless disregard, perhaps even knowing falsehood. Statements made by some in the group apparently differed from statements they had made in the past.
Originally posted by bodebliss
It's sad the religious right and the neo-cons try to squash dissent in a country they won't send their kids to fight for. Not one conservative in congress has a son or daughter over there.
libel n.1. A defamatory statement expressed in a fixed medium, esp. writing but also a picture, sign, or electronic broadcast.
Garner, Bryan A., ed. Black's Law Dictionary. 2nd. Pocket edition. St. Paul, Minn.: West Group, 2001:417.
slander n. 1. A defamatory statement expressed in a transitory form, esp. speech. (Damages for slander--unlike those for libel--are not presumed and thus must be proved by the plaintiff [unless the defamation is slander per se])
Garner, Bryan A., ed. Black's Law Dictionary. 2nd. Pocket edition. St. Paul, Minn.: West Group, 2001:649-650.
In order to provide security around the Staples Center, Los Angeles Convention Center (which housed print and radio media), and the large media contingent housed outside in a "Media Village", the LAPD, Los Angeles Fire Department and United States Secret Service designed a large secure zone surrounded by a perimeter fence consisting of K-rail barriers with a 10-foot fence rising up from it. The parking lots adjacent to the Staples Center were designated for the large Media Village (consisting of many trailers and media vehicles for the television press), transportation department vehicles, security checkpoints, as well as "VIP Vehicles" to be parked immediately in front of the Staples Center. As a result of this layout, the perimeter fence remained a city block away from the Staples Center, and placed the proposed space for the expected protestors (known as the "Protest Zone") a substantial distance from the event they were protesting. The proposed layout was diagramed and published by The Los Angeles Times.
Upon viewing the proposed layout, the protestors legally challenged the proposed fence route, winning a court judgement in their favor. As a result, the area for the VIP parking lot was moved elsewhere and the perimeter fence was redrawn to create a rectangular protest zone that stopped only a dozen yards short of the Staples Center entrance. This left only one open side of the protest zone for entrance and exit.
The protestors also won permission to set up a stage in the Protest Zone with sound amplification; and time on the stage was divided into hour-long segments and divided among the many groups wishing to bring up issues outside the convention. The LAPD was given permission take the stage and order the Protest Zone cleared if a civil disturbance was imminent.
Originally posted by jsobecky
Originally posted by bodebliss
It's sad the religious right and the neo-cons try to squash dissent in a country they won't send their kids to fight for. Not one conservative in congress has a son or daughter over there.
Prove that assertion, please.
To show you the true character of John Kerry, there is a quote from him that I will dig out and post here.
He had not made a stand on VN when he said, more or less:
"I had to decide whether it would be politically expedient to be for or against the Viet Nam war."
Representative Charles Rangel (D-New York), who served in the Korean War, called in late 2002 for a reinstatement of the draft, saying that such a draft would help the military meet its needs and also force political leaders to be more cautious.
"Decision-makers who support the war would more readily feel the pain of conflict and appreciate the sacrifice of those on the front lines if their children were there too," Rangel wrote in a January 7, 2003 op-ed piece (on-line here). "Minorities comprise 35 percent of the military and Blacks 20 percent, well above their proportion of the general population. They, along with poor and rural Whites do more than their fair share of service in our ground forces. Yet the value of our foot soldiers is demeaned by those who promote the unproven notion that high-tech warfare will bring a quick and easy victory in Iraq."
There are no studies tracking the number of politicians with children in the military. Surveys conducted for the Defense Department have find that young people who have better educational and career prospects are less likely to enter the military and that the children of educated, affluent parents were less likely to seriously consider military service, factors which could suggest that children of Congressmen would be less likely to enter the military themselves.
George W. Bush and Dick Cheney do not have children serving in the military.
from bodebliss
There you Go!
There are no studies tracking the number of politicians with children in the military.
George W. Bush and Dick Cheney do not have children serving in the military.
Originally posted by ceci2006
To clarify about the libel, I'm sure that the Swift Boat Veterans used their GOP politically funded assets and put together a smear campaign against Kerry. I believe that "actual malice" has been done. But it is hard to prove.
I could not say whether any statements held by the actual members of this group were made in a hateful light. On the other hand, the Swift Boat Veterans would have to actually have negatively emotional intent in their attack of Mr. Kerry's record.
I think to get this actually proven, there would have to be a witness to the actions of the Swift Boat Veterans in order to prove the claim of "actual malice". How else could one prove "actual malice"?
When the leader of the Swift Boat Veterans (O'Neill is his last name) actively dares Mr. Kerry to "sue the group", that is probably one step over the line. And from what I researched about the facts of the case, Mr. Kerry should most definitely sue the group because it presents a strong case in which falsified facts and documents were combined to definitely derail his bid for the 2004 election.
The fact is that Mr. Kerry spoke on his feelings regarding the Vietnam war.
He also spoke against the handling of the Iraqi War after realizing that his vote was cast in the wrong light.
I just find it funny that for all the lip service paid to Mr. Kerry's "unpatrioticism" in terms of dissent, not one can deny he is more decorated than Bush, served more years in the military than Bush and did not flee from his tour of duty. And unlike Mr. Kerry, Mr. Bush has not one of his service companions speak up for him about his time in the Texas National Guard.
Originally posted by Christian IX
Bush is a monkey, and I hope the next people who try to asassinate him succeed.
2004 Republican National Convention protest activity
The facility was a former bus garage on Pier 57 on the Hudson River in Manhattan, a three-story, block-long pier that has been converted into a temporary holding facility, though unfit for detention of prisoners. Arrested protesters have complained about extremely poor conditions describing it as overcrowded, dirty, and contaminated with oil and asbestos. People reported having suffered from smell, bad ventilation, and even chemical burns and rashes. Deputy Police Commissioner Paul J. Browne denied the accusations, pointing to the fact that ventilations and sanitation had been installed.
Numerous troubling cases were reported, notably:
* A 15-year-old diabetic girl on her way to a movie was arrested. [33]
* A former vice president of Morgan Stanley was arrested while riding her bicycle. [34]
* A 16-year-old protestor was lost to her mother for two days, even though her mother knew about and supported her daughter's participation. [35]
* Small pens were used to contain "30 to 40 people" at once. [36]
* Many people were detained longer than 24 hours on relatively trivial charges. [37][38] One was a 23-year-old Montreal student arrested for disorderly conduct and released three days later. "He says he spent a total of 57 hours between the pier and Central Booking, during which time he says he was moved 14 times and repeatedly handcuffed and shackled to other protesters as young as 15." [39]
The City reportedly refused to release the prisoners until a judge threatened to fine it for every extra hour every prisoner would spend in prison. The victims of the arrests have filled lawsuits against the City of New York.
Originally posted by Intelearthling
Originally posted by Christian IX
Bush is a monkey, and I hope the next people who try to asassinate him succeed.
Why is such a statement allowed to be on the boards?
If Senator Kerry, Senator H. Clinton or her husband were to still hold the title of Commander-in-Chief, as much as I disagree with their points of view, I'd still be totally against a statement like this if it were directed towards them.
Grow-up Christain Nine or you'll end up in a federal prison bunking with "Bubba".