Posted on 09/29/2009 5:25:43 PM PDT by SeekAndFind
NEW YORK (Reuters) - A New York state appeals court on Tuesday dismissed former TV newsman Dan Rather's lawsuit against CBS Corp in which Rather claimed he was made a scapegoat in a scandal over a 2004 report on then-President George W. Bush's military record.
The ruling by a panel of judges of the New York State Supreme Court Appellate Division said Rather's $70 million complaint should be dismissed in its entirety and that a lower court erred in denying CBS's motion to throw out the lawsuit.
CBS said it considered the legal fight "effectively over" and put an end to its public dispute with one of America's most influential broadcast journalists, who followed the legendary Walter Cronkite as the CBS Evening News anchor.
Rather's lawyer, Martin Gold, said he planned to appeal.
Rather, 77, sued CBS, Viacom and others in September 2007, claiming he was being blamed to "pacify the White House" in the wake of a scandal over a September 8, 2004, report on Bush's military record.
CBS was part of Viacom until the companies split in 2006.
In the story, which ran two months before the presidential election pitting Bush against Democrat John Kerry, Rather said Bush had received special treatment while serving in the Texas Air National Guard during the Vietnam War,
The network later acknowledged that documents used in the story could not be authenticated and Rather was removed as anchor of the "CBS Evening News" in March 2005 after 24 years.
Rather claimed in the lawsuit, filed in New York State Supreme Court, that CBS breached his contract and its fiduciary duty in part by not giving him enough on-air assignments after he was removed as anchor.
(Excerpt) Read more at reuters.com ...
Didn’t see that one coming :)
fake but accurate.
its hard to know who to vote for on this
What’s the frequency Kenneth?
Thanks, Inc Pen!
I just hope it was a Bush appointed judge that tossed it .. now that’d be justice.
Couldn’t they have let it drag on so the lawyers could get more of the money from both parties?
Courage Dan, Courage!!!!!!!!!!!!!
He is indeed!
For once I say “three cheers for CBS”...
But has anyone proved the CONTENT of the memos was not true?
Maybe Burkett just typed them up from handwritten Killian memos, then lost the originals?
Amidst all the FReeper glee and congratulations to Buckhead for outing this despicable scumbag, let us all take a few minutes to reflect on what might have happened if the dork who made the fake memos had not been stupid enough to use a PC and Times New Roman font for his fake letters.
Although they are probably not readily available everywhere, it could not have been too difficult to track down a working typewriter from the appropriate era.
A quick check of eBay shows two pages of IBM Selectric typewriters, which were most commonly used when I was in the Navy. With very low prices as well.
For the stupidity of our enemies, we should always feel grateful — but it is not something we can depend on.
Stay diligent and vigilant. Not all our enemies are stupid.
So the loser lost? I’m shocked. /s
“fake but accurate”
Yea I remember that. Now Rather cannot prove he was such an honest and unbiased reporter. Mary Mapes proved she is at least as biased as Rather. The bias runs to the top there. I wonder if Rather knew about Bush’s request to serve in “Nam at least twice? Bet he did.
Sorry Danny boy! No big bucks for you.
WELL SAID!
Fabulous .... freudenshade !!
And yes ... Buckhead kudos .. forever!
Very cool! Rather is SO 1990’s. LOL!
Buckhead, Howlin, and yes, Charles Johnson (who has lost parts of his brain) and LGF. I will never forget that night when I started reading the thread after coming home from work and thinking whoa momma something is going on here.
It was clear what Rather was trying to do and that was to paint a President who was sending men to war as a shirker and a son of privilege (remember that this was coordinated with the Kerry campaign’s “Fortunate Son” commercials), and the bloggers blew it up and God bless America.
What’s the frequency, Kenneth?
I’m just happy that he sold his “vacation home’ in my little town and that I’m not running into him anymore. I did have fun putting a Bush- Cheney sign in his yard during the election, though-——It stayed up for a couple of months after the election, and I got a chuckle every time I drove past the house.
FREEPERS RULE!!
I was lurking that night while Buckhead and others were ferreting the whole thing out. I remember telling my husband that night that if they were right and it looked like they were right...it was going to bring Dan Rather down! It was thrilling to witness the back and forth of our best FReeper sleuths!
Very good news.
AMEN!
Dan Blather, liar amung liars. He is an anti-American communist.
Someone needs to post the “ha ha” gif from the Simpsons here! For now, I’m visualizing it, LOL.
LMAO! Bet that sign put a HUGH stune in Rather’s beeper!

"The only thing The Danny could remember was "Murrrr"... Then it all went dark..."
Yeah!!!!!!! Nice job guys!!!!!!!
Probably a right wing conspiracy.
I’ll NEVER forget what unfolded here .... and
just how earth-shattering and momentous it was.
FReeper history
~~~~~~~~~~~~~~~~~~~~~~~~
Live Thread: Ben Barnes and CBS Attempt Another Bush Smear (60 Minutes)
www.freerepublic.com | September 8, 2004
http://www.freerepublic.com/focus/f-news/1210516/posts?page=107#107
THE critical post
To: Howlin
WE NEED TO SEE THOSE MEMOS AGAIN!
They are not in the style that we used when I came in to the USAF. They looked like the style and format we started using about 12 years ago (1992). Our signature blocks were left justified, now they are rigth of center...like the ones they just showed.
Can we get a copy of those memos?
107 posted on Wednesday, September 08, 2004 7:19:00 PM by TankerKC (R.I.P. Spc Trevor A. Win’E American Hero)
[ Post Reply | Private Reply | To 1 | View Replies | Report Abuse]
Kudos FOREVER, indeed!
Thanks for the ping, STARWISE. This makes me SMILE. :)
GREAT Song by the band R.E.M.
From Wiki:
The title of the song is not original to the band, which guitarist Peter Buck explains in the liner notes to In Time: The Best of R.E.M. 19882003. It refers to an incident in New York City in 1986, where news anchor Dan Rather was spontaneously attacked by one or two assailants who, between beatings, would ask, “what’s the frequency, Kenneth?”[4] (although the phrase Dan Rather says he actually heard was, “Kenneth, what is the frequency?”). One of the assailants has been since identified as William Tager, who attacked Rather because he thought the media had taken control of him. Furthermore, in a 2001 Harper’s article (”The frequency: Solving the riddle of the Dan Rather beating”) this incident was tenuously linked by Paul Limbert Allman back to the late Postmodern literary giant Donald Barthelme’s writings, which contained recurrences of a character named Kenneth and in the text Kierkegaard Unfair to Schlegel asks, “What is the frequency?” [5] The phrase “What’s the frequency, Kenneth?” is also used in Daniel Clowes’ surreal comic Like a Velvet Glove Cast in Iron; it is supposedly used as a formal greeting and a way to contact a mystical figure. The phrase occurs in episode 1 ‘Final Transmission’, of series 1 of the 1986 TV series ‘Crime Story’. The ‘Beauty Shop Slayer’ character blurts out the phrase amongst other non-sequiturs whilst slaughtering the customers and staff of a beauty shop in the opening scene.
Howlin is imortalized by the mention in the Newseum. How very nice.
Too bad loser doesn’t have to pay penalties!
Uh... the POTUS does not appoint state court judges.
Yep ... just awesome !
courtesy ping...
Oh stop, I can dream can’t I?
Thanks for the ping. Looks like old Dan is getting some payback for all the lies he has reported through the years. To bad there are so many hate America reporters like him still in the media today.
I’ve been wondering for years how FReepers managed to do that cute little thing with the “th” :)
I, for one, am not crying for old Dan. He made his bed, so to speak, so he can just lie in it.
“I was lurking that night while Buckhead and others were ferreting the whole thing out. I remember telling my husband that night that if they were right and it looked like they were right...it was going to bring Dan Rather down! It was thrilling to witness the back and forth of our best FReeper sleuths!”
I remember spending at least a week checking FR every day (OK - maybe twice a day) - and then saying to myself “surely Rather is going to have to give tonight!”
Boy was he ever stubborn?
And then the whole pajama thing!
Too funny!
HAHAHAAAA!!
Just a bunch of losers in pajamas!
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.