There is a firestorm of controversy this morning over a piece that ran on the CBS blog by Ben Domenech, a former Bush administration aide and Republican Senate staffer. In his blog, Domenech alleged that Solicitor General (and possible Supreme Court nominee) Elena Kagan is a lesbian. The White House went ballistic and called the story false. CBS stood by the blogger and then issued an apology, saying that it was based on pure speculation.
In his online column Domenech said that Kagan’s selection would please Obama’s base as the “first openly gay justice.”
Anita Dunn, a former White House communications director who is working with the administration on the high court vacancy, attacked Domenech as someone “with a history of plagiarism” who was “applying old stereotypes to single women with successful careers.”
Domenech has a short lived stint (three days) as a Washington Post blogger when he quit after allegations of plagiarism.
After the White House called the story false, Domenech added an update to the post: “I have to correct my text here to say that Kagan is apparently still closeted — odd, because her female partner is rather well known in Harvard circles.”
CBS finally withdraw the column after receiving an email from Domenech. Dan Farber, editor in chief of CBSNews.com, wrote that “after looking at the facts we determined that it was nothing but pure and irresponsible speculation on the blogger’s part.”
Domenech added his own apology: “I offer my sincere apologies to Ms. Kagan if she is offended at all by my repetition of a Harvard rumor in a speculative blog post.”
When I teach defamation, we often discuss allegations that someone is gay under the common law. It is an example of part of the evolving social standards of what constitutes a per se category of defamation. At one time, it was considered such a category, but, as society has increasingly accepted homosexuality (and after criminal laws on homosexuality were struck down after Lawrence v. Texas), that is changing. Certainly an Obama official is unlikely to claim that being gay is defamatory — even though this blog would likely meet the test under New York Times v. Sullivan and the actual malice test (requiring knowing falsity or reckless disregard).
Domenach is the co-founder of the RedState blog and writes for Human Events, and other conservative publications.
For the full story, click here.
“It’s not normal, against natural law to live that way!
(…)
Just looking at her photo she’s probably a nice person.”
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Wonder why its been around so long then and is found in many species of mammals? Must be “unnatural” law, I suppose.
I am more impressed by your observation that you can tell she is probably a “nice person” from her picture. Pray tell, what does a probable nice person look like exactly? Smiling, maybe!
Tell what you see here Svengali:
http://newbornrodeo.files.wordpress.com/2008/12/joker-heath-ledger.jpg
Well, in my opinion, benson and his/her kind fall under the category wisely known as: Rectal Orifices
CEJ–
It’s tough having to live under a bridge where it’s so dark and dank all the time. Those who do often contract a disease known as mildew of the gray matter. Sometimes, just popping one’s head into the sunlight a few hours a day can help cure one of the condition.
We have to pity poor old Benson he was in a coma from 2000-2008 and it’s obvious he is still suffering.
Why won’t Obama show his birth certificate?
Because he’s from another country?
Ha, ha, ha, Obama the ACORN Muslim communist!!!
benson
Didn’t anti-American Bill and Hillary Clinton do enough damage/destruction/dismantling to the USA and its people.
Betraying/warmongering in the Balkins,
Janet Reno-Waco Randy Weaver,
Bill giving our top secret classified military satelite launching/ballistic missile launching/military super computer technology secrets to the horriffic animal abuser/torchurer atheistic nation Communist China?
================================================================
TEA BAGGER ALERT … CODE RED! … HIDE THE WOMEN AND CHILDREN … LOCK UP YOUR LAWN CHAIRS …
Since you’re so hung up on the 90’s, here’s one just for you:
“Sell crazy somewhere else, we’re all stocked up here” (As Good As It Gets)
Didn’t anti-American Bill and Hillary Clinton do enough damage/destruction/dismantling to the USA and its people.
Betraying/warmongering in the Balkins,
Janet Reno-Waco Randy Weaver,
Bill giving our top secret classified military satelite launching/ballistic missile launching/military super computer technology secrets to the horriffic animal abuser/torchurer atheistic nation Communist China?
It is well known that … The oligarchy is scared of Elena Kagan which means their next move will necessitate bribing a blue-dog to further impair her chances. Can’t wait to see which democratic senator takes the pay-off … unless, of course, he just verbalizes his bought and paid for objections behind closed doors which means we’ll never know his identity.
I wonder what it is about her that has put such a desperate spin on the oligarchy’s circle of distress … for it is well known that …………………………………
Maybe Ben Nelson will disclose the creep’s name ….
Dom said:
“I have to correct my text here to say that Kagan is apparently still closeted — odd, because her female partner is rather well known in Harvard circles.”
Is he just making that part up?
That’s why I said it’s obvious…
from that part of his response to their complaint.
Is that true what you said about Condi Rice?
Never heard that before.
I always wondered how she could have anything to do with the ultimate corrupt criminal war monger politician though.
Maybe that explains it, she was corrupted also.
A real go getter!
It’s obvious that she is what he says.
Just looking at her photo she’s probably a nice person.
But we don’t want left leaning deviants in such an important America shaping judicial job/position.
She’s probably a left wing-liberal-Democrat.
We really should be giving a job like that only to our very best normal legal scholars who tilt center/right as is the normal state of sanity and cleanliness.
It’s not normal, against natural law to live that way!
Here’s the real unanswered question: given Domenech’s propensity for plagiarism, and his inability to hold a job at any mainstream media outlet for indulging in exactly this kind of rumor-mongering, partisan abuse, why the hell did CBS give him a job?
That’s one question. Here’s another. I mean, shit, Condi Rice was living with another woman for her entire tenure at Stanford and nobody felt the need to go and shove her out of the closet. Why does Ben Domenech feel the need to be the Queer Police for one party, but not his own?
wobe:
“She is what he says …”
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Thanks wobe for clearing that up. Have you reached any conclusions on what happened to Amelia Earhart, Extra-terrestrials, crop circles, or Bigfoot yet?
She is what he says. She’s probably a nice person. But we don’t want a deviant in such an important position.
She’s probably a left wing-liberal-Democrat.
W
“Domenech added his own apology: “I offer my sincere apologies to Ms. Kagan if she is offended at all by my repetition of a Harvard rumor in a speculative blog post.”
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Oh, silly, why would she be, of course?
I hate non-apology apologies and contingent apologies. Is it so hard to say, “I am sorry for what I have done. You have the right to be offended by it. I will not do it again.”
“Classic defamation trick: “It is well known that [insert slander here]. [Do not provide evidence here].”
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FFleo, nice pick up on the fallacy of alleged certainty.
Oh whoops, formatting got messed up….
Classic defamation trick: “It is well known that [insert slander here]. [Do not provide evidence here].”
Classic defamation trick: “It is well known that . .”
The fact that Domenech is a co-founder of RedState blog seems more offensive to me than whether or not Ms. Kagan is a homosexual. Regardless, Domenech is obviously an A-Hole for publishing speculation on someone’s/anyone’s sexual preference. Says more about Domenech & our prejudices than it does about Kagan.
Sure would like to see your reasoning on that Robert
This just smells like something an operative would do. I would say it sucks, but not a chance in hell for that to happen.
So is She Or Not?If So,No Chance of Confirmation.