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kskiska Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-31-04 09:49 AM
Original message
John Dean to Kerry: SUE
The New Book Attacking Kerry's War Record:
How It Defames the Candidate, and Why He Should Sue

Vietnam swift boat veteran John O'Neill has picked up just where he left off in his 1971 debate with presidential candidate Senator John Kerry. O'Neill has joined with some of his former Navy comrades to oppose Kerry's candidacy. But this time, O'Neill is interested in a different kind of debate. It is called mudslinging.

The Swiftees-- as these Navy veterans like to call themselves -- have launched a series of vicious negative campaign television ads. The ads are meant to complement O'Neill's book Unfit For Command: Swift Boat Veterans Speak Out Against John Kerry.

O'Neill's coauthor is his old friend Jerome R. Corsi, an experienced mud thrower whose prior targets have been the Pope, Jews and Muslims. In Unfit For Command, they repeat many of the 1971 charges - and add more from other Swiftees. To assert that these stories are biased, one-sided, distorted, and incomplete would be overly kind.

(snip)

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.

more…
http://writ.news.findlaw.com/dean/20040831.html
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Nicholas D Wolfwood Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-31-04 09:53 AM
Response to Original message
1. He absolutely should sue
Not for money, but to keep the ads off the air.
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clydefrand Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-31-04 09:55 AM
Response to Original message
2. I wish he would. I think a lawsuit is in order. And let
John Edwards do it!!!!!!!!!!!!!!!!!! Just teasing there...
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stellanoir Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-31-04 09:57 AM
Response to Original message
3. am so pleased to see this
Edited on Tue Aug-31-04 09:58 AM by stellanoir
hope someone from the campaign sees it as well.

I think Dean. . .the repub who took down Nixon and author of "Worse than Watergate" should represent him. It would be totally ironic.

Thanks for posting
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Eloriel Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-31-04 08:50 PM
Response to Reply #3
6. To my knowledge, John Dean doesn't practice law
anymore. He quit law after the Watergate denouement. At least that's what I recall.
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peacetalksforall Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-31-04 10:03 AM
Response to Original message
4. Correct! Dean is absolutely correct!
To repeat from above -

"One is to put these false claims to rest forever.

The other is to deter future, similar claims."

Go Kerry - you have enough friends to do it.

Don't delay.

Litigation is absolutely necessary in some instances unless in the end deal struck that hides the apology and retraction.
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LawDem Donating Member (366 posts) Send PM | Profile | Ignore Tue Aug-31-04 01:20 PM
Response to Original message
5. Kerry shouldn't sue -- but one of the band of brothers should.
For what it's worth, I think Kerry suing would be a mistake. It would look like sour grapes. More importantly, the bad guys would take his deposition and then use it to dig for dirt

BUT -- the same issues don't apply to the band of brothers, many of whom have also been defamed (called liars). One of them -- better still, all of them -- should sue. Then they should push for immediate depositions.
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Davis_X_Machina Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-01-04 12:13 AM
Response to Original message
7. It would be virtually impossible for Kerry to sue...
...after Times v. Sullivan, the standard that he would have to meet, since he is a public official, is too high.

Times was handed down in '64 -- Goldwater played by different rules -- and Dean as a lawyer should know better.
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GOPAgainstGW Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-01-04 07:44 AM
Response to Original message
8. Dean is Right, but for the Wrong Reasons
There is much going on in this O'Neill-SBVT scam organization that is not viewable or known by the public. This Bush-Cheney Smeargate is just as large as Watergate based on investigation by two licensed private investigators and two criminal attorneys.

Just because Kerry is a public official, does not mean he is legally unprotected from criminal fraud and malice, which is exactly what is going on in this SBVT situation.

By Kerry filing a lawsuit, depositions could be quickly obtained against many SBVT members so they can make their claims against Kerry under Oath in a court of law, which I assure, many would not be willing to do and would recant their claims. To-date, to my knowledge, no SBVT claim has held up, in the material, under scrutiny by competent investigative journalists.

Further, Bush, Cheney, O’Neill, Rove, Tom DeLay, Bob Perry, and one other person that will remain nameless, have some very serious criminal issues in this matter, in a scope substantially larger than their involvement in this SBVT fraudulent scam. They know it and we know it!

By Kerry suing the SBVT organization and its donors, it gives us access to documents and testimony that could easily send a few people to prison, and tie this situation directly to President Bush. None of the aforementioned people strike me as ignorant enough to take this exposure risk over a 2-bit scam book. However, there is only one way to find out.

Unfortunately, none of the aforementioned is going to help the Kerry-Edward ticket win come November. What will help is to continue the present posture of feeding the media with factual investigation of the SBVT organization, and its fraudulent claims, for the media to digest and publish to the public. The public is the jury presently and they are not stupid. When properly presented the facts, I am sure they will make the right decision come November. - ALT

------------------------------
Beltway and Texas Republicans
Against Bush-Cheney ’04, Inc.
------------------------------
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Soopercali Donating Member (257 posts) Send PM | Profile | Ignore Wed Sep-01-04 08:35 AM
Response to Original message
9. Nothing but pluses to this strategy.
1) Sways the undecided voters. "Hmm, I guess this really is a pack of lies."
2) Offers discovery as a tool. Man, what fun would THAT be?
3) Would deter similiar attacks.
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realFedUp Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-01-04 11:07 AM
Response to Original message
10. Seems to be the only way to receive justice these days.
Expose the lies and make it expensive in the
meantime.
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Jade Fox Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Sep-03-04 12:04 AM
Response to Original message
11. If Dean say do it, do it! n/t
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Catfight Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Sep-03-04 08:28 AM
Response to Original message
12. The damage has been done, time to counter it with the half proven
Edited on Fri Sep-03-04 08:29 AM by Catfight
story that Dumbya paid for an abortion.
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