Palin Threatens Washington Post, NY Times, MSNBC, and Other Publications With Defamation Lawsuit

225px-palin1Sarah Palin may have been unclear as to why she decided to quit early as governor, but her lawyer, Thomas Van Flein, is insisting that it is not because of an investigation of wrongdoing involving her house on Lake Lucille or the Wasilla Sports complex. The link was published in pieces by Alaska blogger Shannyn Moore, Huffpo, Washington Post, the NY Times and MSNBC.

While Palin’s rationale for leaving the job early is questionable, if not laughable, she has reason to be miffed about the suggestion that she is leaving with investigators on her heels. Special Agent Eric Gonzalez stated that “[t]here is absolutely no truth to those rumors, that we’re investigating her or getting ready to indict her. It’s just not true.”

Does this make it defamation? Probably not. Palin is both a public figure and public official. As such, she fails under the New York Times v. Sullivan standard and must show actual malice — defined as knowing falsity or a reckless disregard that the story was untrue. It is a standard that was designed to be difficult to satisfy. The purpose of a letter from counsel is to put the news organizations on notice that the story is false and defamatory. Any later stories are then easier to prove as defamation with such notice.

The Los Angeles Times quickly published an article debunking the link, here, despite the fact that the theory continues to multiply over the Internet.

87 thoughts on “Palin Threatens Washington Post, NY Times, MSNBC, and Other Publications With Defamation Lawsuit”

  1. I almost forgot: I was going to address torture.

    We can debate all day about whether or not torture works. Unfortunately, I haven’t been able to muster enough volunteers to permit us arrive at a verifiable conclusion. (I don’t like to rely on people that have something to gain by declaring it does or doesn’t.) -Even if it did work..I wouldn’t want my enemy to know that.

    One thing is for certain. -Torture must never be sanctioned by our government. -Not now…not ever. If you are caught torturing someone; you must be prosecuted.

  2. Many thanks to all who provided me with the requested information.

    My original understanding of the term “Neocon” was close to what was provided by IS (Ind. Serv.) The information provided by Buddha provided additional clarity.

    I never trusted Dick Cheney. He was part of the Nixon “whatever we can get away with must be OK” crowd. I don’t think G.W. Bush was much more than a puppet. I think G.W. was a decent guy that was easily manipulated by Cheney, Rumsfeld, and the rest.

    I’m really starting to wonder (I’m closer to convinced) if both sides (Democrats and Republicans) are being manipulated by a small group. The evidence sure does point in that direction.

    Buddha’s statement about Palin included “the Enemy Within, the Neocons, your “people”” -My people? -Not my people. My people are just like you and I. My people want a representative republic…Just like your people.

    “Anybody can become angry, that is easy; but to be angry with the right person, and to the right degree, and at the right time, and for the right purpose, and in the right way, that is not within everybody’s power, that is not easy.” —Aristotle
    We need to get angry, but we need to start getting angry with the right person(s).
    Political differences should inspire communication. Anger provides separation. –I want to be separated from those that anger me. Corrupt prosecutors anger me. –I hope they anger you too. The same can be said of a government that operates outside of our Constitution.

    I think we need to be more careful about the application of terms. If we don’t…the real NeoCons (or whatever we call them) will win. -If the good people of this country continue to fight about petty BS…they win…and it’s our fault. We permitted it to happen. The powers in charge have successfully divided this country. Divided we will fall. We’re already heading in that direction.

    I don’t want a Supreme Court that is controlled by outside -“hidden” forces. I don’t want a government that operates behind closed doors. I want presidents to be held to their campaign promises. And I want all branches of government to recognize the Ninth and Tenth Amendments. -This, I believe, is what is desired by Democrats and Republicans, Libertarians and Independents.

  3. “While I’m at it; is there such a thing as a left-wing radical? If so; what would be the associated attributes? I think I know what a right-wing radical is. -I tried to join, but they wouldn’t accept one who is pro-contraception and anti-death penalty.”

    Jim,
    your first question has already been answered by Buddha and even IS. PNAC is the only answer to who are the Neocons.

    As to your question above the answer is yes, most definitely.
    In general a radical is one who believes in overthrowing the established order. Those in the Left Wing side of the equation
    are for instance the Communists, of which there are different difvisions such as the Stalinists, Trotskyites, Maoists and new communism theories since the fall of the USSR, which try to return to original Marxist doctrine. Less far left are the socialists who also have their many divisions, that run across a gamut of the Lefts’ political spectrum. To me the broad stroke that differentiates the “Radical” from the moderate, in both Communism, Socialism and Marxism is the extent that in the radical people are expected to adhere to the party line, or are then considered traitors and dare I say it liberals and progressives. Neither of which label refers to Communists or Socialists. These traitors are actually despised more than the right wing, since they compete for the same base of people.

    In other posts I’ve written about being a member of the most Left Wing Labor Union in the country in the late 60’s and early 70’s. At first these groups tried to recruit me, but I thought them wrong and silly, and still do. When the couldn’t recruit me they turned against me. when I ran for President of that Union in 1970 I was considered the conservative candidate and was called epithets like “Running Dog of Capitalism.” While I didn’t become President I defeated the radical party, Trotskyites, that were my chief opponents even though they had better organization and resources. Those years taught me much about the political spectrum and about how a healthy iconoclasm/pragmatism is more valuable than any political doctrine.

    In your example above you show that you have experienced similar party line thinking on the right, since you are anti death penalty and pro-contraception. Theirony is that the radicals on either side of the political spectrum have more in common with each other in their dogmatism and ultimately
    totalitarian beliefs, then they do with others sharing either the right or left part of the political spectrum with them. I
    Think that says it all about any dogma and the need to get beyond it to compromise on how to run the best possible society for all of the people.

  4. ”Fascism” in general is the means of production nominally in the hands of private owners, but where nevertheless businesses are expected (in socialistic terms) to serve national interests at the direction of the government. This is increasingly the expectation and practice with business in the United States.’

    IS,
    I concede you are not a troll because you at least engage in the back and forth of discussions and sometime evince views that differ from expectations and show openness of thought. When it come to Fascism though you’re wrong.

    In a socialistic economy all production is in the hands of the people (i.e. State). The economy is totally controlled and all production goals are set across the board. The theory though is that the workers have a democratic input into the setting of goals and their conditions of employment. I hold no brief for a system like this because I think it is unworkable, but it appears that I’m much more knowledgeable about this theory than you are and I have had it explained to me by real life socialists.

    In a Fascist economy private industry and the State work hand in hand in a symbiotic relationship that is win=win for both sides. The State gets the support of private industry for its’ policies and private industry gets support from the State
    to increase its profitability. The State allows and abets private industry’s exploitation of its’ workers and in effect makes them serfs to the Barons of commerce. In the Nazi reign for instance, slave labor was cheerfully supplied for the use of industry. The socialism part of NAZIism was a means of fooling the masses of German workers and stealing the thunder of the real socialist and communist party’s there that had
    followings equal to the NAZI’s.

    Finally, where you do verge on close mindedness is in your characterizations such as:

    “To the Left, of course, “Fascism” is simply another name for Capitalism, as they themselves steadily promote government control of business (as we have seen lately with GM, etc.).”

    In many instances you don’t discuss issues, you use straw men to malign different viewpoints and take them as fact. What is illogical in this is that your own positions, which I think I could fairly characterize as right wing, discuss nuance of differences with your fellow right wingers. You differentiate between “compassionate conservatives,” Neocons and Goldwater conservatives, for instance. The left has the same nuances and as those you imply discussing the right, these nuances lead to substantial differences in policy.

    Left=Big Government
    Right=small Government

    These are slogans, not representations of the totality of philosophy’s.

  5. I think this is where Jeff Sharlet’s book, “The Family” is useful in reconciling a very strange situation. It seems to explain why many of the US’s most powerful people consistently engage with tyrannical and murderous “leaders” of many nations (and are themselves tyrannical and murderous). They do so while claiming their absolute right as overlords of the world using any means necessary (and I’m not exaggerating). In many ways, Sara’s description of the presidency as a protection racket from prosecution for misdeeds does not show her stupidity, rather it shows her understanding of what the presidency has actually become.

    When our govt. greenlights Israel on bombimg Iran, Iranians correctly understand that we are working hand in glove. This would not be a mission Israel could accomplish without the US’s “help”. On the other hand we send many of our signals intelligence to be logged, stored and flagged through Israel. Israel did and still is helping us torture detainees. (I know many people on this blog do not believe we torture under Obama. Harper’s magazine has a well written article on this very topic. It is well documented. We are still torturing.) Of course, we ask/ed Egypt and Jordon for their help in this matter as well.

    We have armed Saudi Arabia to the teeth. We have made a way for western oil companies (lord make a way, lord make a way as Sara’s preacher would say!) to get those sought after no-bid contracts in Iraq. Afghanistan makes a nice energy route for the US.

    All of this is ordained by god in just the same way that Sara’s followers believe her path to power is the work of god. I don’t think the Moose Queen is so far out from our current leaders. They all believe god has put them in place to do “his” will and that means, whatever they do is a priori good. This scares me a lot.

  6. BIS,

    Sorry for the seeming broad stroke of my brush.

    I should have said, present company (and the few sites I frequent) excluded.

    Not EVERYONE is a dumbass. Just most of us.

  7. Bman,

    “I can’t help but be pessimistic when my fellow citizens are too damned stupid to realize what they are doing to ruin my world by their complacency and lackadaisical attitude.

    We should all be pissed.”

    I submit that if 40% of the population paid as much attention to their government as they should, Washington and K St. would be burned to the ground by now. Some of us are pissed, Bman. Just not enough us.

  8. We find ourselves (this once great nation) being ruled by an Elitist class of folks who have embraced the corporate take over of this country.

    We went from the horrors of the evil Fascism that the neocons were pursuing to the “Friendly Fascism” that is the hallmark of Mr Smiles, Barack Obama.

    Sure, I have a pessimistic view. In light of all the evidence that supports my view of things in the world and this nation, I see no other way to go.

    It is beyond hope, Mike. I am not, at all, optimistic about where this country is headed and the idiots who are going along, as if led by the pied piper.

    I can’t help but be pessimistic when my fellow citizens are too damned stupid to realize what they are doing to ruin my world by their complacency and lackadaisical attitude.

    We should all be pissed.

  9. Mike,

    This is probably the one time I’ll ever say I hope you’re wrong too.

  10. To all those I respect on this site who have assured me that Sarah Palin can’t wind up as President some day, I sincerely hope you are correct and that I’m being paranoid. My fear stems from along life where so many bad and bizarre things that people believed could never happen did happen and the fact that this stupid bimbo (I realize the possible sexism inherent in this but she is the one who stresses her womanhood rather than her credentials or thoughts)continues to draw attention and has a small but rabid group of followers. Look up the comments of
    German pundits about Adolph Hitler in the 1920’s.

  11. “I find that I agree with Indentured Servant on one point. The push for war with Iraq by Feith, Wolfowitz and other neocons had nothing to do with Iraq and everything to do with Israel.”

    Mike A,
    This is the first post of yours that I disagree with. The NeoCons like Bush, Cheney, Rumsfeld, Feith, Wolfowitz, et. al.
    use Israel in their rhetoric to garner support for their policies. However, the first 3 I mentioned are in bed with the Saudi’s and the nominally Jewish part of the contingent are along for the ride as courtiers of power following those they consider their “betters.” The entire purpose of PNAC is hegemony leading to empire. My view on this is similar to:

    “We are in Afghanistan and Iraq both because of this country’s hegemony. It is dictated word for word in PNAC’s documentation. Israel is nothing but America’s “Ho”, doing our bidding as we direct (that is until they decide enough is enough and the Zionists finally tell us where to get off). The neocons will use anything and anybody to forward their world domination for energy and control.”

    Which BuelahMan posted. Just want to also tell you, BuelahMan that I respect your views too. My divergence from you politically is not about analysis, it is about what I think is the proper approach to thinking about the world, to change it. You come from a more pessimistic viewpoint than I do:

    “No matter what, they all work for the same people. They are all fascists, its just that some have a warm smile.”

    That view resonates with me because I do think our system is currently corrupt. Beyond that though I don’t believe it is about politics, per se. Politics is the symptom of the disease. The disease is the will to power in some humans that will push them to use any available method to attain it. The corollary is that humanity is divided up between people who want to follow, rather than think for themselves, which in my estimation could run from 50% to 70% of the population. They are wired to follow the leaders in anything they due be it
    politically, sociologically, economically, or even down to such mundane things as entertainment, fashion, drink and food.

    The other 50% to 30% are people who follow their own sense of the world and will do so despite being in the minority on a given issue. This to me this split is the vestige of the needs of earliest human survival. Think of how the Great Apes
    organize their society.

    My diversion from Beulahman is that I think we must act as if we are free and the Constitution is still in effect, in order to prevent further erosion and tyranny and perhaps make some positive gains in the right direction. To me, to not do so breeds anger, depression and nihilism. none of which ever have led to positive outcomes.

  12. Mike Appleton:

    “I find that I agree with Indentured Servant on one point. The push for war with Iraq by Feith, Wolfowitz and other neocons had nothing to do with Iraq and everything to do with Israel.”

    I wouldn’t say that was the ‘only’ reason, rather a primary one. Let’s not forget the money to be made in destruction and reconstruction as well as the vast opportunities to push policies forward with the help of fear rhetoric.

  13. I find that I agree with Indentured Servant on one point. The push for war with Iraq by Feith, Wolfowitz and other neocons had nothing to do with Iraq and everything to do with Israel.

    No way. “Nothing” to do with Iraq?

    We are in Afghanistan and Iraq both because of this country’s hegemony. It is dictated word for word in PNAC’s documentation.

    Israel is nothing but America’s “Ho”, doing our bidding as we direct (that is until they decide enough is enough and the Zionists finally tell us where to get off).

    The neocons will use anything and anybody to forward their world domination for energy and control.

    W said in ’98 he was going to invade Iraq. It had absolutely nothing to do with Israel, except for whatever fringe element they might profit from.

  14. I find that I agree with Indentured Servant on one point. The push for war with Iraq by Feith, Wolfowitz and other neocons had nothing to do with Iraq and everything to do with Israel. Indeed, the principal foreign policy concern of the neocons is the preservation of Israel. This is appealing to Christian fundamentalists because their belief in all of the absurd end times prophecies requires the survival of Israel until Armageddon. Thus the alliance between neocons and fundamentalists. Strange bedfellows, indeed.

  15. IndSer,
    I agree wholeheartedly with your take on the situation.Its not funny but scarey,the congressman in the south carolina video,about 4.17 into the video someone screams out”it to late go home”

    That to me was the sound of the revolt.I

  16. IS,

    You need to update your routine, we’ve been down the “liberal is whatever I think is bad” road before. (5/10 on this one, you got Buddha to bite)

    By the way, do you eat cream on your oats?

  17. BIL/mespo727272:

    probably because you all haven’t had any new ideas or insights, just the same old tired leftist bravo sierra. Taxes good, higher taxes better, government good, bigger government better. Capitalism bad socialism good, communism better. All your arguments synthesized into their essence.

  18. IS: “Oh goody maybe I can learn something new.”

    Buddha: “Don’t worry! No one is concerned that you’ll learn anything IS. You haven’t so far.”

    ***********

    To the contrary, Buddha, I suspect anything IS learns–anything at all–will be quite new indeed.

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