So you would have to assume the Palin attorney knows all that just as well as they do, and thus if the Palins go forward with the suit it is probably because they are certain RH & McG cannot defend via truth.
I still think going forward is a mistake, however, because it is a distraction, a way to put unhelpful noise on her campaign signal, so she should avoid it if possible, just settle. But the threat to follow through has to be sincere or there will be no real pressure to settle, other than uncertainty. That of course may be enough. Lawyers are risk averse by nature. That works in favor of the Palins.
“Palins go forward with the suit it is probably because they are certain RH & McG cannot defend via truth.”
Legal considerations aside, (I bow to your obvious expertise) a lawsuit has political ramifications that the Palins should be, and probably are, factoring in. By addressing smears in this manner they may be innoculating themselves against future or continued use of smears as a political weapon by the opposition.
Winning a defamation suit against Mcg and RH will pre-emptively de-fang the left and their penchant for using smear tactics especially at the 11th hour. ie “October surprise.”
Note that Obama has used these types of attacks against his opposition in both his Ill. State Senator and Ill US Senator campaigns. It is a weapon he has wielded before, and, through surrogates, will undoubtably use again.
Instead of becoming a distraction, a lawsuit may allow Sarah Palin to refocus the 2012 elections back on Obama’s failures as a CIC. Questions about allegations can be difused/avoided by “Under advice of council I cannot address questions about any of the allegations in this book due to ongoing legal actions.”
Actually I can see that a lawsuit could be a huge positive for Palin. All depends upon the strength of their position.