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Palin attorney warns press on 'defamatory material'
Politico ^ | July 4, 2009 | Jonathan Martin

Posted on 07/04/2009 8:41:24 PM PDT by Al B.

Ratcheting up her offensive against the news media, Gov. Sarah Palin’s attorney threatened Saturday to sue mainstream news organizations if they publish “defamatory” stories relating to whether Palin is under federal investigation.

In an extraordinary four-page letter, Alaska-based attorney Thomas Van Flein warns of severe consequences should speculation that until now has largely been confined to blogs about whether Palin embezzled funds in the construction of a Wasilla, Alaska, sports arena find its way into print.

“This is to provide notice to Ms. Moore, and those who re-publish the defamation, such as Huffington Post, MSNBC, the New York Times and The Washington Post, that the Palins will not allow them to propagate defamatory material without answering to this in a court of law,” Van Flein warned, citing Alaska liberal blogger Shannyn Moore.

Much like Palin did in her Facebook statement Saturday, Van Flein savages the news media in his letter.

“Just as power abhors a vacuum, modern journalism apparently abhors any type of due diligence and fact checking before scurrilous allegations are repeated as fact,” the Anchorage attorney wrote.

(Excerpt) Read more at politico.com ...


TOPICS: Front Page News; News/Current Events; Politics/Elections; US: Alaska
KEYWORDS: frivolouslawsuits; gopimplosion; lawsuitabuse; lawyerabuse; palin; palinattacks; quitter; sarahbarraquitta; slapp; tortreform
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1 posted on 07/04/2009 8:41:25 PM PDT by Al B.
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To: Al B.

It would be great if this would actually happen.


2 posted on 07/04/2009 8:44:05 PM PDT by bitterohiogunclinger (America held hostage - day 163)
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To: Al B.
Good on her. Go Sarah go!


3 posted on 07/04/2009 8:44:33 PM PDT by Jeff Head (Freedom is not free...never has been, never will be. (www.dragonsfuryseries.com))
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To: Al B.

Git ‘em, Sarah. Hit ‘em where it hurts!


4 posted on 07/04/2009 8:44:52 PM PDT by Antoninus (I'm with Palin -- let's take the political fight in another direction...)
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To: Al B.

I’ll keep saying it—I have never seen anyone that is more of a lightning road as Sarah Palin. The Left will not stop until they completely destroy her and her family, including kids.


5 posted on 07/04/2009 8:45:03 PM PDT by devane617 (Republicans first strategy should be taking over the MSM. Without it we are doomed.)
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To: Al B.

For those of us who neither live in Alaska nor visit gossip blogs —— who is Ms Moore?


6 posted on 07/04/2009 8:45:37 PM PDT by Publius6961 (Change is not a plan; Hope is not a strategy.)
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To: Publius6961

I think she is the person bringing all the ethics charges. She has lost all of them.


7 posted on 07/04/2009 8:46:45 PM PDT by devane617 (Republicans first strategy should be taking over the MSM. Without it we are doomed.)
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To: devane617

When she is no longer a public figure, she can own the sniveling bastards if they do what Letterman tried or the enemedia has been spewing for lo these many months. ... Except the liberals now have too many numbers in the courts to actually have justice in America.


8 posted on 07/04/2009 8:47:04 PM PDT by MHGinTN (Believing they cannot be deceived, they cannot be convinced when they are deceived.)
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To: Al B.
Ratcheting up her offensive against the news media…

A more accurate and less biased way of phrasing this would be: "Retaliating after nearly a year into the media's war against her…"
9 posted on 07/04/2009 8:47:53 PM PDT by Terpfen (Ain't over yet, folks. Those 2004 Senate gains are up for grabs in 2 years.)
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To: devane617
"The Left will not stop until they completely destroy her and her family, including kids"

Who’s going to stop them?


10 posted on 07/04/2009 8:48:27 PM PDT by I see my hands (_8(|)
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To: Publius6961
For those of us who neither live in Alaska nor visit gossip blogs —— who is Ms Moore?

Shannyn Moore is a lefty PDS-infected blogger from AK. She has been published in the Huffington Post and she appears on MSNBC as a commentator for their anti-Palin rants.

11 posted on 07/04/2009 8:49:46 PM PDT by Al B.
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To: Al B.

The Cuda is barring her Teeth.


12 posted on 07/04/2009 8:50:10 PM PDT by SandRat (Duty, Honor, Country! What else needs said?)
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To: devane617

Only because she scares them. Otherwise they wouldn’t bother with her.


13 posted on 07/04/2009 8:51:00 PM PDT by doc1019 (The Second Amendment guarantees the rest of the Constitution.)
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To: I see my hands

A few well placed libel/slander jury trials may just do the trick.


14 posted on 07/04/2009 8:51:54 PM PDT by Abby4116
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To: Al B.

It’s only defamatory if it’s used against Democrats.


15 posted on 07/04/2009 8:52:28 PM PDT by Clintonfatigued (The McCain/Palin ticket was like a Kangaroo, stronger on the bottom than at the top)
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To: Al B.

Dig the dirt on this scumbag, her family, everything. This is a war, period.


16 posted on 07/04/2009 8:53:02 PM PDT by maccaca
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To: Terpfen

Can I suggest as more accurate and less biased phrasing would include, “Kicking ass and taking names.”


17 posted on 07/04/2009 8:53:12 PM PDT by healy61
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To: Publius6961
She is a blogger who is a welcome guest at Huffington Post and PMSNBC. She has been pushing the nonsense that Palin is about to be indicted. I hadn't heard about any of it until the last few minutes, but I guess it has been all over the lefty blogs today and apparently Kos people are flipping out and claiming because she is famous they can say whatever they want about her.

This should get interesting.

18 posted on 07/04/2009 8:53:39 PM PDT by redk
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To: Al B.
Is there a contact numher lawyer ? they need to file a suit against Channel 9 in Orlando. They just peddled the Daily Kos lies on the AIR at 10 PM. If any Palin people are interested please pull the 10 Pm report ! I called the Obama drone at the news desk and warned them that they are peddling smears . The news room number is 407-822-8353 and feel free to call them !
19 posted on 07/04/2009 8:53:42 PM PDT by ncalburt (Read all about)
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To: Al B.

Alternative Headline: “Gloves Are Off”.

Go Sarah!


20 posted on 07/04/2009 8:54:33 PM PDT by caper gal 1 (Who is John Galt?)
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To: bitterohiogunclinger

I wonder if it may have been more productive to start this as soon as the first few investigations and charges started flying. It may have reduced the number of suits by 10 to 12.


21 posted on 07/04/2009 8:56:24 PM PDT by DoughtyOne (_Resident of the United States and Kenya's favorite son, Baraaaack Hussein Obamaaaa...)
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To: cleveland gop

Ping.


22 posted on 07/04/2009 8:56:32 PM PDT by ChicagoConservative27 (Obozo the clown)
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To: MHGinTN
"When she is no longer a public figure, she can own the sniveling bastards if they do what Letterman tried or the enemedia has been spewing for lo these many months. .."

She will always be a public figure. That never ends. It's very much like un-ringing a bell. Even if she retreats into total and absolute seclusion (which of course is ridiculous), she will still be a public figure.

The First Amendment makes it virtually impossible for her, or her attorney to stop media outlets from speculating about any reasons for her departure, regardless of how outrageous the speculation is.

But, she does have some limited ability to fight back. Unfortunately, it's very limited.

23 posted on 07/04/2009 8:57:30 PM PDT by OldDeckHand
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To: Antoninus

Kick a**. Take names.


24 posted on 07/04/2009 8:58:16 PM PDT by Eric in the Ozarks
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To: Abby4116
"A few well placed libel/slander jury trials may just do the trick"

Yeah, they may. Anything may. Can’t rule out a possibility if it can be conceived of.. I suppose. So they may, but they won’t. Any other ideas? Nothing wrong with a two pronged approach.

I have no solution.


25 posted on 07/04/2009 8:58:17 PM PDT by I see my hands (_8(|)
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To: maccaca

Why bother ? Just make stuff up. If it’s good enough for the PDS psychotics... (and hey, it probably won’t be nearly as bad as the reality).


26 posted on 07/04/2009 8:58:46 PM PDT by fieldmarshaldj (~"This is what happens when you find a stranger in the Alps !"~~)
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To: Publius6961
For those of us who neither live in Alaska nor visit gossip blogs —— who is Ms Moore?

She is this disgusting, vomit-inducing pig getting paid under the table by the DNC to try and bring down Palin. No, I'm not posting her pic, which will probably result in the Blue Screen of Death for my computer.

27 posted on 07/04/2009 8:58:57 PM PDT by Extremely Extreme Extremist ("President Obama, your agenda is not new, it's not change, and it's not hope" - Rush Limbaugh 02/28)
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To: MHGinTN

I believe legally she will remain a ‘public figure’ for the rest of her life.


28 posted on 07/04/2009 8:59:27 PM PDT by Mr Rogers (I loathe the ground he slithers on!)
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To: Al B.

In a prime example of words meaning different things to different people, Moore calls herself a Patriot. Constitutionalist. Lover of Freedom.

http://www.bing.com/search?q=Shannyn+Moore&FORM=MSNH11


29 posted on 07/04/2009 9:03:25 PM PDT by LucyJo ("...guard against the impostures of pretended patriotism...". George Washington)
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To: redk
"apparently Kos people are flipping out and claiming because she is famous they can say whatever they want about her."

Isn't this pretty much the case? She's a public figure. The can say antyhing they want, there is no recourde in law.

The Trig stuff, though, may be another question. I'd love to see Sullivan sued on that.

30 posted on 07/04/2009 9:03:29 PM PDT by cookcounty (He who controls the Language controls the Debate.)
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To: ncalburt

Thanks for the info. People are keeping score. I passed this along.


31 posted on 07/04/2009 9:04:03 PM PDT by Al B.
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To: ChicagoConservative27

I sure hope they try to do something stupid....


32 posted on 07/04/2009 9:04:09 PM PDT by cleveland gop (CLEVELAND, HOME OF LeSHAQ)
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To: Mr Rogers

Will her family, also?


33 posted on 07/04/2009 9:04:45 PM PDT by MHGinTN (Believing they cannot be deceived, they cannot be convinced when they are deceived.)
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To: Al B.

Good for Governor Palin.

Character assassins are despicable.


34 posted on 07/04/2009 9:05:02 PM PDT by EternalVigilance ("The fiat of the Almighty, "Let there be Light," has not yet spent its force." - Frederick Douglass)
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To: Al B.

FOR IMMEDIATE RELEASE

July 4, 2009

On July 3rd, 2009, Governor Sarah Palin announced her intent to resign her gubernatorial duties

and transfer the powers of Governor to Lt. Governor Sean Parnell.

Almost immediately afterwards, several unscrupulous people have asserted false and defamatory

allegations that the “real” reasons for Governor Palin’s resignation stem from an alleged

criminal investigation pertaining to the construction of the Wasilla Sports Complex. This

canard was first floated by Democrat operatives in September 2008 during the national

campaign and followed up by sympathetic Democratic writers.1 It was easily rebutted then as

one of many fabrications about Sarah Palin. Just as power abhors a vacuum, modern journalism

apparently abhors any type of due diligence and fact checking before scurrilous allegations are

repeated as fact.

The history of the Wasilla Sports Complex is publicly known. Contrary to the insinuation that

as Mayor of Wasilla, Sarah Palin “personally” oversaw bidding, construction, funding and

accounting for the project (and thus, the allegation goes, “embezzled” from the project), the

truth is far more mundane, and publicly available:

Curtis D. Menard was instrumental in spearheading the effort from conception to

realization of the Wasilla Sports Complex. He directed the steering committee

that was responsible for placing the issue before the voters of Wasilla and

1

Wayne Barrett, a writer for the left wing Village Voice, published these insinuations, on October 7, 2008 in a

story entitled “The Book of Sarah” available at http://www.villagevoice.com/2008-10-08/news/the-book-of-sarah.

This was written in the style of one pretending to be amazed that so many people in a small town like Wasilla

appear to know one another, support one another, and take on big projects together. Apparently that is uncommon

in New York. Rather than recognize that leaders of a community often mobilize to accomplish projects, the

writer offered this up as an unusual and questionable association of special interests.


35 posted on 07/04/2009 9:05:52 PM PDT by anniegetyourgun
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To: cookcounty

I remeber when Carol Burnett sued the National Enquirer for calling her a drunk and won. So, there are some limits to waht they can say but it is pretty broad. Isn’t it funny that the Enquirer almost seems like a reputable rag compared to the media of today?


36 posted on 07/04/2009 9:06:46 PM PDT by PLKIng
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To: cookcounty
The problem is when they are repeating something they know is not true just for the sake of defaming her.

I refuse to go to kos but apparently they are admitting they know damn well there is no indictment coming but they want the other media outlets to run with this anyway.

It's a little more serious than a tabloid claiming Madonna had plastic surgery.

37 posted on 07/04/2009 9:08:02 PM PDT by redk
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To: Al B.

bump for later


38 posted on 07/04/2009 9:08:25 PM PDT by Born Conservative (Bohicaville: http://bohicaville.wordpress.com/)
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To: cookcounty

Just bringing about a lawsuit against these idiots will have a lasting affect. Bottom line it will cost them money and time and serve notice upon them.


39 posted on 07/04/2009 9:11:46 PM PDT by skimask (When dealing with people who value death over life, traditional means of negotiation will not work)
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To: devane617

I thought it was Linda Kellen Biegle, and Andree McLeod.


40 posted on 07/04/2009 9:13:12 PM PDT by Jacob Kell (Steam the CLAMs! (Communist Liberal American Media))
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To: OldDeckHand
Public figure doctrine (absence of malice)

Special rules apply in the case of statements made in the press concerning public figures, which can be used as a defense. A series of court rulings led by New York Times Co. v. Sullivan, 376 U.S. 254 (1964) established that for a public official (or other legitimate public figure) to win a libel case, the statement must have been published knowing it to be false or with reckless disregard to its truth, (also known as actual malice).[15]

Under United States law, libel generally requires five key elements. The plaintiff must prove that the information was published, the plaintiff was directly or indirectly identified, the remarks were defamatory towards the plaintiff's reputation, the published information is false, and that the defendant is at fault.

The Associated Press estimates that 95% of libel cases involving news stories do not arise from high-profile news stories, but "run of the mill" local stories like news coverage of local criminal investigations or trials, or business profiles. Media liability insurance is available to newspapers to cover potential damage awards from libel lawsuits.

41 posted on 07/04/2009 9:15:06 PM PDT by torchthemummy (SAP - Skipped All Posts)
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To: All
Sarah Palin not under FBI investigation, agency spokesman says
"There is absolutely no truth to those rumors, that we're investigating her or getting ready to indict her," Special Agent Eric Gonzalez said in a phone interview Saturday. "It's just not true."

Gonzalez added that there was "no wiggle room" in his comments that could exclude any kind of probe.

That puts this crap to bed, If the Daily Kos proceeds with this pathetic smear effort, things will get real interesting.
42 posted on 07/04/2009 9:15:19 PM PDT by Al B.
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To: Jeff Head

Thanks for the awesome graphic!——Sarah Turns To Fight!!


43 posted on 07/04/2009 9:16:30 PM PDT by NorwegianViking (Organizing for America)
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To: Al B.
Ratcheting up her offensive against the news media.....

Ha Ha Ha!

44 posted on 07/04/2009 9:16:34 PM PDT by TankerKC (USAF...retired. Well, on Terminal Leave.)
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To: MHGinTN
When she is no longer a public figure

Sorry, no court accepts client instructions via Ouija board, spirit medium, or other alleged means of communication with the dead.

45 posted on 07/04/2009 9:18:25 PM PDT by steve-b (Intelligent design is to evolutionary biology what socialism is to free-market economics.)
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To: LucyJo

Well, it seems to me that Sarah has identified her first target, this Moore person. If we can get Dan Rather fired...


46 posted on 07/04/2009 9:18:52 PM PDT by Mamzelle
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To: cookcounty

Maybe Bristol and Willow can sue Letterman. (I can dream can’t I?)


47 posted on 07/04/2009 9:20:28 PM PDT by HelloooClareece ("We make war that we may live in peace". Aristotle)
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To: Al B.
we need to fight . we need to start filing non stop FCC complaints against these Obama front groups like ABC and there local affiliates ! Its time to fight back.
48 posted on 07/04/2009 9:23:28 PM PDT by ncalburt (Read all about)
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To: NorwegianViking

Thanks. Feel free to spread it around...and the link to the page.


49 posted on 07/04/2009 9:27:26 PM PDT by Jeff Head (Freedom is not free...never has been, never will be. (www.dragonsfuryseries.com))
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To: Al B.

OMG!!! I’m FLOORED! FINALLY A REPUBLICAN WHO WILL FIGHT BACK!! :)


50 posted on 07/04/2009 9:27:49 PM PDT by 4rcane
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