Posted on 09/26/2011 9:09:51 PM PDT by Bigtigermike
Just got off on the phone with a friend in the legal field and she says that a potential lawsuit against Random House by anyone of the Palin family involved in the "trash book" will most likely be quietly settled out of court because the idiot McGinniss opened up Random House to a whole lot of trouble and gives the Palin's an upper hand and GIFT in Court because McGinniss waived attorney client privileged between him and RH by talking about it to a third party (Jesse Griffin) and thus Palin's lawyers are entitled to ALL correspondence from Random House concerning the book.
My friend say that Random House may have a lot of leftists there and may hate Sarah Palin with a passion but its pure suicide for them legally to open up their correspondences in the "discovery phase"....they may have more damning info in those correspondence that was meant only for "Random House Eye's Only".
She said Random House and Jon Meachem may do a kabuki dance in the public defending the book and its "sourcing" on these false allegation but behind the scenes they will most likely quickly call for a settlement before the case got to discovery phase or even before the case is brought forth.
Legally, The Palin family has Random House and Joe McGinniss is a terrible legal bind.
(Sarah, Will that be in 20's or 100 dollar bills?)
You’re not the supposed reincarnation of Ronald Reagan. If it was you Joe Schmoe, then have at it. But she’s supposed to be in the mold of the Gipper, Lady Thatcher and Barry Goldwater. Can you imagine any of them being so wussified as to actually file a lawsuit because of an obvious smear job? Can you imagine if Barry or Bill Clinton decided to sue the American Spectator or Free Republic itself for all of the bs that is made upon the minds of our own lunatic fringe. She should grow up and so should you.
All right bigpus...I mean bigtiger. Have it your way.
Who’s GOVERNOR Palin?
When Barry Goldwater complained to the FEC about Johnson’s “daisy ad”
...that sent the following message to people across the country “I am 20 points behind in the polls, im finished and im not punching back with my own ad”
Amen!
Six figures... come on ... nine at least.
Serves ‘em all right! Go get ‘em Sarah & Todd!!!!!!!
Sarah's got a strong, solid, and serious grip. I wouldn't want to be Random House. Plus they just officially signed their brand as lunatic liberal. New book under future Breibart brand, "How to Field Dress a Major Publishing House." By Sarah Palin :-)
>> If it happened, RH and the author are off the hook 100%.
Why would Palin force discovery on a such an affair that’s already been dismissed as slander? Your speculation doesn’t add up.
I don't buy into the fact that your “station” in life, (Political or otherwise), means you and your Family are targets for some slime ball out to make a dishonest buck.
In my world, you break it, you buy it. I hope McGinnis and Random House buy the Palin Family anything their little hearts desire while being forced to choke on the lies and innuendo they decided to publish.
The fact is the book was planned and written as an attempted Political Assassination of Governor Palin with no thought that it may cause the opposite effect. Typical Liberal overreach. I will relish every step the Legal system will dole out on the perpetrators of this malicious fraud.
I always waited for President Bush to fight against the lies and deceit thrown at him and his Administration. It never happened and the result was four years of Pres__ent Obummer, the Fresh Prince of Bill Ayers. (I love that line)
The idea that Governor Palin is fighting the smear merchants makes me proud. Now I'll go check out the Twitter feed on AttackWatch.com and a get a few laughs to round out my evening.
Bush didn’t straighten out the lies told about him due to advice from Tokoyo Rove.
That would be straight from the Clinton-era play book - throw in “and it's old news - let's move on”.
I say sue ‘em, get a public apology and donate any money to the most conservative charity she can find.
When Bush was asked about the crap being thrown at him he always replied “that’s just Politics”.
50 years ago it was just Politics, then the Democrats ran the “Daisy” ad against Goldwater. That was the defining moment that changed everything as far as I’m concerned.
Good old Get Along Rove really believes that reacting to certain things are below the President’s stature. There was a time for that type of thinking, but the modern Democrat Party has rendered it obsolete.
No. Donate it to the Palin bank account. They deserve it.
No settlement.
Sarah, take it to the box. [the Jury Box]
Truth IS an ABSOLUTE defense...especially if the person is a public figure. If it happened, RH and the author are off the hook 100%.
I'm sorry, that's not necessarily true. Truth is part of a successful defense, but it's not absolute. You can print an absolutely true statement, but it can still be considered libel if your intent is to cause "harm" to the subject. Being a public figure sets a very, very high bar to proving actionable libel when the truth is involved. No, I can't cite case law, I can only point to the writer's guide to libel I used when penning critical product reviews over a decade's time.
So Ms. Palin's task isn't just to show the verity or balderdash of the information, she also needs to show intentional malice in publishing the information. From what I remember of the bru-ha-ha, there is more than enough evidence presented in the press at the time the author moved in next door that would show malicious intent on the part of the author; the e-mails could show in addition not only additional proof of malice on the part of the author, but also that the publisher, Random House, was an active participant in libel as well.
Ms. Palin would also have to prove that the usual remedy available to public figures for bad speech, more speech, can't mitigate the harm caused by the published material. That's one of the reasons that public figures have a problem winning these sorts of lawsuits in court.
No, I'm not a lawyer. Also, I don't know all the facts, so my comment here may be all wet. But, as an author who was exposed regularly to claims of libel in the articles I wrote, I would cringe at the thought of trying to do what Mr. McGinniss did.
My pair-o-pennies in this discussion...
” I wonder if some of the emails lead up to the White House. Their relationship with Obama is well established.”
Now THAT would be a hugh and series development if true. Opie, Chewie, and the DNC would probably tell RH to give Sarah whatever she wants in order to keep that correspondence out of the public eye.
SP’s Attorney:
Hello, Sarah? Just got a call from Random House. The White House and DNC are really putting the thumb-screws to them to settle this thing before it goes to trial, and are willing to pay you whatever you want to just drop the matter. What do you want me to tell them?
Sarah:
Hmmm. I would rather think about this before responding. Can you give me a few days to think about it?
SP’s Attorney:
Well, not really. They want an answer right now, but we can probably wait a week before responding.
Sarah:
OK. Great. Tell them I’ll give them my answer next week.
SP’s Lawyer:
Great. I’ll let them know. Is there anything I can to help you with your decision in the meantime?
Sarah:
You betcha! Find out how much money is the DNC and Obama’s re-election campaign coffers before next week.
This jerk McGuiness must have rewrote dirt from the tabloids and they should probably sue him for stealing their stories.
They can’t end it. Only she can end it ahead of going to trial. From this article however i’m sure they will try and end it.
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