Important- Swift Boat Veteran For Bush Files False Affidavit

[DemocratSinceBirth]

Wasn't Monica Lewinsky's "false" affidavit the kernel from which Bill Clinton's impeachmemnt grew...


The link is too long... It's on the front page of the Washington Post....


Larry Thurlow SWORE in an AFFIDAVIT that Kerry was not under fire in the incident where he won his Bronze Star... It just so happens that Larry Thurlow won a Bronze Star and was under fire in the same incident...


I believe the affidavits were filed in the a Washington DC federal court....

Someone needs to research this incident and file a complaint...

[Feanorcurufinwe]

1. Who would have standing to file?

Don't you have to show harm? Seems like Rassman would have standing because Thurlow impugned his reputation.

[DemocratSinceBirth]

6. I'm Not An Attorney

Filing a false affidavit is a criminal offense... It's not a tort....


Anybody can demand an investigation. It doesn't have to be the person injured...

[Feanorcurufinwe]

8. Ahh...

[DemocratSinceBirth]

2. It's Late...

My premise isn't that Larry Thurlow needs to be impeached just indicted....

[Bernardo de La Paz]

7. Not just indicted. Tried and Convicted. . . . nt

[Norquist Nemesis]

3. Don't know about the affadavits but the 'FBI agent'

that supposedly 'researched' for this ad is crooked. I've read and heard in media reports of repeatedly mischaracterizing the interviews and putting false statements in the reports. The vets contacted have said they corrected their statements and sent them back. But there doesn't seem to be a followup on whether the corrections were actually made.

[DemocratSinceBirth]

4. There's A Prima Facie Case That The Affidavit Is False...

He filed an affidavit he wasn't under fire...


The citation says he was under fire...


That's a prima facie case of a filing a false affidavit...

[Erika]

5. The Guy was A GOP Sheeple

Prostituting the Vietnam war for his far right-wing idealogy.

[oasis]

9. False affidavit. Book 'im Danno.

[DemocratSinceBirth]

11. There's A Prima Facie Case That The Affidavit Is False...

We can't let this story die or we are a bunch of pussies...

[fishface]

10. See if this helps...

http://www.thehistorynet.com/ah/blkerryinvietnam/index.html

or this...

http://www.cnn.com/TRANSCRIPTS/0408/05/ip.01.html

[farmbo]

12. No perjury: He didn't "file" the affidavit in any "official proceeding"

He's off the hook for any criminal perjury charges (although the civil implications of such a spectacular lie are uncertain). The Swiftboat Liars just bullied him into signing an affidavit, so he couldn't back out of his story.

The only people it was released to were the press/media.

Still, it was great work by Mike Dobbs at the WP.

[DUreader]

13. Then how would it be an 'affadavit'?

Seems to me that if it is an affadavit then it must have been filed somewhere, no?

[DemocratSinceBirth]

17. I'm With You....

An affidavit has to be SWORN before a notary or an officer of the court under penalty of perjury...


I'm not an attorney but if I tell the press something that I know is untrue I'm just a liar but if I affirm something that is not true in an affidavit I am a perjurer...


I WANT AN INVESTIGATION INTO POSSIBLE CHARGES.

[farmbo]

21. Right...he lied before a Notary...but that's not a perjury offense

For perjury elements to be met the affidavit would have to be filed in an existing lawsuit, or in support of a criminal complaint.

The Swiftboat Liars have been careful to avoid any such official proceedings...they're just trying to sell books and get Bush elected. And their lies are against a public figure (JK) in an election campaign, which gives them another (First Amendment) layer of protection.

Nothing would suit me better than having Thurlow pay for his lies, but federal perjury charges will not apply.

[DemocratSinceBirth]

22. He Lied Before A Notary In An Affidavit Which Was Sworn Under The Penalty

Of Perjury....


How can it not be perjury?

[mumon]

28. the same reason Clinton's statements weren't perjury...

the "testimony" has to be materially relevant to the outcome of a particular civil or criminal complaint being litigated. That means that the outcome of the judicial proceeding would be different had the testimony not been false.

Now, if Swift Boat Liars get sued for slander or libel (say, by JK's comrades), then Mr. Thurlow will be rectally sodomized, metaphorically speaking, for these lies.

But until then, it's nothing at all.

This highlights some of the weirder aspects of these laws: they don't prevent someone from doing this at all. If JK's comrades don't have deep pockets to litigate (or friendly lawyers willing to put up money), they're screwed.

[DemocratSinceBirth]

29. Filing A False Affidavit And Making Pejurious Statements Are Different

Crimes and materiality is a question for the jury to decide. It can't be determined a priori....

[Cuban_Liberal]

14. You are correct.

:thumbsup:

[DUreader]

16. Please help me understand, what exactly is an affadavit?

Is it not somehow 'official'?

[DemocratSinceBirth]

19. It's Official...

Filing a false affidavit is a crime...

An affidavit is a sworn statement before a notary or officer of the court under penalty of perjury...

[DUreader]

26. Thanks , but now I have two opposing linkless assertions.

Still confused

[DemocratSinceBirth]

20. I Disagree.

Larry Thurlow evidently swore in an affidavit to a set of facts which appear to be false. If this affidavit was before a notary or officer of the court under penalty of perjury then he has legal exposure for perjury....

If there is a sworn statement that is untrue then a prima facie case of perjury exists...

The fact that it wasn't attached to an official proceeding is of no moment...

[Cuban_Liberal]

39. But he wasn't a party to any legal proceeding, DSB.

Perjury cannot exist in a vacuum.

:)

[Justice]

15. Pretty Good Evidence of Libel

Here you have an affidavit that under oath says one thing.

Then you have a report written contemporaneously with the event that says the opposite.

You have odd behavior by the guy (I lost my bronze star citation, I don't know what it says, I resisted giving access to my records as I feared they would be used against me).

Seems to me that the affidavit is evidence/proof that this guy is defaming or harming Kerry's reputation.

Teresa -- didn't you say you would use your money to bring an action against anyone who defamed or libeled your family?

[Zynx]

18. With this we should go on full scale attack. Discredit these bastards

and make them pay the price for lying, particularly that fat fuck John O'Neill who is still pissed off that Kerry was proven right in that debate in 1971.

[blondeatlast]

23. Does this offer any civil liability possibilities?

I'm anything but a legal wonk, but could the 527 that sponsored the ad be held accountable in civil court?

What better way to discredit the swiftboat lie backers?

[blondeatlast]

24. Could this be another way for the media to drag the ad

back onto the air for free?

[DemocratSinceBirth]

25. The Kerry People Are In A Bind...

Yeah - We want to see the provbial book thrown at these liars but even uncovering a false charge sometimes highlights it...


That's the downside of Kerry attacking the Swift Boat Liars too hard....

[Sparkly]

35. Exactly

I was a little sad to see they needed to deal with it at all. I'd hoped after the first week, the story was over. But the media kept bringing O'Neill back and hammering it, and now the Washington Times is going to put excerpts of their book all over the place. So I guess they felt they had to.

It's going to keep it in the media louder and longer now, but it had to be battled out. It's unfortunate.

I'd like somebody to ask the Chimp why he didn't take his flight physical now!!

[thecrow]

27. KICK!!! eom

[Sparkly]

30. Question: Does the freedom of information act allow the release of

all these liars' military records? Could, for example, the WaPo get O'Neill's records, or does he have to do something to release them?

Anybody know how it works?

[blm]

36. I'm still hoping that a journalist would get James Bath's TANG records

and see how they match with Bush's records.

[Inland]

31. We knew WEEKS ago that Thurlow rec'd a medal for the same action

that he know says was a safe walk in the park. The research had already been done by the debunkers. What good is teh Post?

[Sparkly]

32. I guess they had to see his after-action report first-hand

I think it's funny he's pretending he had no idea, and even claiming that Kerry somehow wrote *that* report, too!! HAH!

[Inland]

33. Has Thurlow actually commented on his report? Where? Nt

[Sparkly]

34. In the WP article

"It's like a Hollywood presentation here, which wasn't the case," Thurlow said last night after being read the full text of his Bronze Star citation. "My personal feeling was always that I got the award for coming to the rescue of the boat that was mined. This casts doubt on anybody's awards. It is sickening and disgusting."

Thurlow said he would consider his award "fraudulent" if coming under enemy fire was the basis for it. "I am here to state that we weren't under fire," he said. He speculated that Kerry could have been the source of at least some of the language used in the citation.

In a telephone interview Tuesday evening after he attended a Swift Boat Veterans strategy session in an Arlington hotel, Thurlow said he lost his Bronze Star citation more than 20 years ago. He said he was unwilling to authorize release of his military records because he feared attempts by the Kerry campaign to discredit him and other anti-Kerry veterans.

The Post filed an independent request for the documents with the National Personnel Records Center in St. Louis, which is the central repository for veterans' records. The documents were faxed to The Post by officials at the records center yesterday.

http://www.washingtonpost.com/wp-dyn/articles/A13267-2004Aug18.html

[DrFunkenstein]

37. Ashcroft Will Get Right On Top Of This

Just as soon as he finds out who outed Valerie Plame. Oh, wait, nevermind.



Sweet Jesus! Does this guy ever not look evil?

[DU GrovelBot]

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