"Legal Terrorism"

Democrats in Self-Destruct Mode CCCLIII

An article by Henry Mark Holzer and Erika Holzer at FrontPage, Aug. 10:

Presidential nominee John Kerry is working overtime to blunt growing criticism of his Vietnam service and simultaneously reassure uncommitted voters that his acts of alleged heroism as a Swift boat officer — over 30 years ago — far outweigh his antiwar history. He has made his medals — a Silver Star, a Bronze Star, and three Purple Hearts — a central focus of his candidacy. He has made a colossal mistake.

No surprise, then, that Swift Boat Veterans For Truth, an organization unaffiliated with any political party — whose members were no strangers to Lieutenant Kerry 30 years ago — last week began airing a dramatic, highly effective TV spot that flatly disputes Kerry’s claims, and, worse for Kerry, his integrity.

Predictably, Kerry’s lawyers responded with a venomous and distorted account of the TV spot and the veterans who had organized it. Marc Elias, Esq., General Counsel for the Kerry-Edwards campaign, joined by Joseph Sandler, General Counsel for the Democratic National Committee, faxed to TV station managers the kind of intimidating message that gives lawyers a bad name....

To their credit, TV stations in some marketplaces have refused to surrender to the bullying tactics of Kerry’s lawyers. This presents the democrat party and the Kerry campaign with two choices: put up or shut up.

They can slink off the field for having threatened TV stations with a baseless libel lawsuit, or, despite how they eventually hedge their threat, they can actually sue those TV stations that aren’t intimidated.

The latter course would be utter disaster — and Kerry’s lawyers have to know this. Kerry would no longer be able to hide behind spin masters. He would have to file a written complaint. Sworn depositions (including Kerry’s) would have to be taken. He would have to respond to requests for factual admissions. He would have to answer written interrogatories. He would have to produce documents.

There would have to be a trial. That means sworn testimony, cross examination, documentary evidence — all in front of a jury, reporters, perhaps even TV cameras.

Once all that happened, America would know who told the truth — and who lied.

See my Lawyers Winning Friends:

.... At the very least, Kedwards will know that their claims won't go unchallenged anymore. And, this thinly-disguised lawsuit-threat might very well backfire on the Democrats.

Besides, wouldn't you just love to see a trial over this? Of course, it would never go to trial: this is just another case of people & their lawyers using the legal system as a weapon.

P.S. See Beldar's fascinating & delightful blog. Here's a choice part:

.... Mr. Baer, when is the last time you had a medical problem that was only treated by one professional, with no support staff? Only a moron would suggest that the existence of one person's signature on a medical record negates the possibility that any others were involved — even more directly involved — in the treatment that was given....

Keep an eye out for the "technical legal terms". :-)

P.P.S. See also this American Spectator article, yesterday (embedded ellipsis in original):

.... On the face of the simple facts recited above, Elias and Sandler may have written the first legal letter in campaign history that actually commits the violations it charges its target with... making "false and libelous charges." ....

Confer my blog already cited:

As I see it, here are Democratic National Committee lawyers committing libel while accusing other people of committing libel....

Lane Core Jr. CIW P — Thu. 08/12/04 07:18:23 AM
Categorized as Democrats in Self-Destruct Mode.