BREAKING: Gov. Sarah Palin Sends Letter to Crown/Random House, Warns Not to Destroy Documents Ahead of Potential Defamation Suit
by PubliusAttorneys representing former Alaska governor Sarah Palin have written to Crown Publishing, a division of Random House, serving notice of possible litigation for defamation in connection with Joe McGinniss’s recent anti-Palin biography, and warning the company not to delete or destroy relevant documents.
The letter (see below) reads, in part:
Enclosed is an e-mail by your author Joe McGinniss. In this e-mail, Mr. McGinniss admits that your own lawyers instructed him that “nothing I can cite other than my own reporting rises above the level of tawdry gossip.”….Indeed, Mr. McGinniss admits that the allegations are false unless he can find someone or something to show they are true. We know from the final book that he was unable to do so.
It is malicious for your company to publish a book wherein it, and the author, admit that they were fully aware the statements in the book were false, intended to be false, and were intended to harm…
Accordingly, since both your company, and the author, clearly knew the statements were false, admitted they had no basis in fact or reality, but decided to publish in order to harm Governor Palin’s family, you and Mr. McGinniss have defamed the Palins. This letter shall serve as written notice under AS.09.30.070 (b) that a claim may be brought against you, your company and Mr. McGinniss for knowingly publishing false statements.
In the interim, please take note of the following: It is unlawful to delete emails or destroy records upon being notified of the need of business records for litigation purposes. In addition, courts may impose civil sanctions against a defendant that destroys emails and other documentation. Please immediately provide notice to your employees to save and back up all records pertaining to the Palins and the book “The Rogue.”…
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147 Comments
Please Dear Lord,
Please let me serve on a jury for libel, slander and defamation.
Amen.
ooooopty….. welll….dat ain't gonna buff out.
Glad to see PalinCo is going after these slimewads. I'll bet my money any day on a family of can-do Alaskans over some limpwristed muckracking group of liberals. A nice healthy defamation settlement wouldn't be a bad outcome.
It is time we stop allowing ridiculous lies from being spread about people in the name of liberalism. Since they've decided it's permissible to mount personal attacks on their political enemies, I have no qualms whatsoever suing them into bankruptcy. Go Sarah!
You go girl!
Anyone with common sense figured this was going to happen (except for Random House, McGinnis, and the trolls who vomit on the Bigs)….
All I can say is "More power to ya, Sarah. Take them both to the cleaners".
Does losing them count as destroying? Put nothing passed the lower half in this country, nothing.
Go Sarah Go!!!!!!!!!!!
Sue their ass off.
I don't know the answer to this – if there is one. Does this have implications toward her potential bid for the White House?
Hm…something tells me these documents will be just as easily "lost" as votes have been "found" in various elections (i.e. Al Franken).
Hell hath no fury……….
one thing this will turn out to be is another solid black eye on the fugly face of the MSM.
Sue baby sue!
OK, so, this idiot sends an email pretty much admitting he is going to defame her and yet he insists SHE is the stupid one? Hey, buddy, HER emails didn't have any smoking guns. Too bad you can't say the same.
Should it matter Harry?
I wonder if any lefties bother to comment. Or maybe they'll retreat to liberal lala land.
The woman is smart. She let the douche-bags have all the rope they wanted and then threw it over the tree limb. I anticipate a very large out of court settlement for the Palins.
Do ya think that maybe,…just maybe that,…..
"Sarah Palin is not electable",….is also lie.
You can almost hear the urine streaking down legs at Random House. Ha ha!
She's a public figure. The burden of proof for libel is very high in that instance, but it's worth it for her to pursue it for the publicity it brings her. After all, attention is what it's all about with the Tundra Tramp, isn't it?
It's almost a certainty. PDS (Palin Derangement Syndrome) is particularly rampant among pasty left wing crater-faced virgins, which also happen to be the majority demographic of our little trollkins.
This one is gonna leave a big mark! Go Sarah Go! Run Sarah Run! PLEASE!
What a douche you are. Blindly hate much?!
McGinniss's letter sets up the perfect test case for the New York Times v. Sullivan "actual malice" standard for defamation of a public figure plaintiff (Palin): it is proof that the publisher of the statement in question "knew that the statement was false or acted in reckless disregard of its truth or falsity".
If she prevails it will be the 1st successful defamation suit brought by a public figure since before Sullivan. In practical terms, up to now it has been impossible to prove actual malice. McGinniss's letter is pure gold.
Well,….
wasn't that stupid.
So are you saying she does not have the requisite proof? Do you have evidence to support this claim?
Put up or shut up.
Thanks for playing.
Lets see minus five and not even running…hmmm!
Go get 'em, Sarah!
First they'll have to find a judge without a red union suit under a black robe…with a yellow stripe up the backside.
Of course it is, knotonmydik.
Nice work, Breitbart! You win again. And Sarah Palin benefits. Awesome!
Is that tundra I hear, sounds like a storm is brewing , Maybe its tundra snow, either way its a cold day in hell for The publishers, a Blizzard will cover them up,
I strongly suspect that there is a Method to Palin's madness.
I also suspect that this has been in the works for some time. Palin always understood that there was a connection between the Alaska Bloggers and the Democratic Party.
As a case is under adjudication, Palin will not be able to comment about it publicly.
Palin will go into this case with clean hands, and obviously wants her personal and political record PUT ON PUBLIC TRIAL. McGinniss and Random House never, ever counted on this. Remember, if she goes forward, Random House's attorney's have the right of Discovery as well.
There are risks here, for Palin. She must be supremely confident in her own virtue.
Somewhere along the line, that "Tundra Tramp" crap got old. Now that kind of talk is shunned among most of the people who used to groove on it because of people like Joe McGinnis.
In what Jurisdiction… NYC?
Those Liberals would burn the entire City down to the ground, with the current Mayor leading the charge, if Palin won a Suit in Court against a Liberal. The current Mayor, Blood in the Streets Bloomberg, will no doubt remind the Court about the would-be Riots, should Palin win, before the Trial.
Stay classy, Captain A**hole.
Keep in mind, though, folks, that the liberals hold the courts.
Kinda lookin' that way.
)
Actually, it isn't all THAT high. The problem herein lies with the fact that unless McGinniss can prove the claims that he's published (keep in mind that, allegedly, no one else has made these claims publicly, so he can't hide behind the defense of "I was just reporting what other people have already reported") then he's the one who's committed the malice by knowingly printing falsehoods. I think the statute that you may (or may not) be referring to is the fact that a public figure is not subject to obvious ridicule, which isn't what his book is founded on. SNL can satirize Sarah all she wants, and there's really nothing anyone can do about it; publishing a book of established rumors is an entirely different animals, and that appears to be what Joey and Random House were after.
Well, not only that … depending upon who's actually be privy to this email, a reasonable person may (yes, I said M-A-Y, trolls) be able to establish that Random House knew that the author knew that these were likely falsehoods. It's a fine line legal distinction that may protect Random House, in the end, but it probably won't protect McGinniss. (No, I'm not a lawyer; I just hang with a few really cool ones who've sounded off on this topic recently.)
A message from Quayle2012_Knot, a maggot infested, salad tossing, snowballing, parasitic, abnormally unenlightened, limp wristed, metrosexual, envious, waste of oxygen dweeb, whose only concern is, “what’s in it for me!”
??? I'm not sure I understand where you're coming from. There are far greater risks here on the part of Random House and McGinniss than there are for the Palins. More likely, Random House — if they realize it's a stinker — will settle out-of-court (or they'll attempt to in order to deflect the requisite embarassment).
Oh, they'll try to use it against her somehow – that she's thin skinned (projection much!), or litigious or something.
It doesn't matter.
I'm a lawyer, but I'm not litigious but I think they need to be hit where it hurts – the wallet. No one else is going to watch over them but WE THE PEOPLE. If we are defamed, we should go for it and use the courts against them the way they try to use it against us. Turnabout is fair play.
It's HIGH TIME she stands up to these bottom feeders. It's gone far too far already. It's pretty obvious it's not going to stop without someone either paying up big time and cowering to apologizing and/or GOING TO JAIL
I love how you just make up your own rules for how things "work" on this planet.
The best thing you can do for the Left is shut up and not write another word.
This slimeball McGinniss and his even slimier publisher deserve to lose every dime they earned on this book, plus some. Allow me to revise: PLUS A LOT MORE!
If there were such a thing as an honest progressive (libtard, DemonicRat), he or she would be forced to agree that the bad acts were egregious, and the bad acts shock the consciences of normal human beings.
I'm not a huge fan of Sarah Palin (I like her, but would prefer she not be the GOP nominee for 2012). However, I'm a big fan of justice, and I'd love to see Ms. Palin exact painful justice from these criminal smear-merchants.
i'm surprised Random House went ahead with the publication of this to be honest, you'd have thought they knew better?
Payback isn't a bitch… This time, it's a BARRACUDA!!!!
Mmm, Mmm, Mmm another elite Leftist crushed under the heel of Sarah Palin. On the way to her election I think that she will get a few more notches on those heels.
Thing is that she can prove what McGuiniss said was knowingly false, said with malice and can prove real damages. Random House is screwed.
Would that be a bad thing, for the Lefties to burn down their own city?
And right on cue, here's the adolescent, zit-faced, know-nothing troll. Don't you have some homework to finish there sparky?
You miserable little turd…
Good for her. On a side note I tried yesterday three different times using two internet contact us links to contact Crown Random House publishing and all three times when I hit send with my oh so respectful letter I immediately got the google OOPS page telling me to use the now new supplied link. Well after having to re-write the thing over and over I lost interest and got discouraged. I thought then as now that it was merely one source in the new communista media washing the hand of the other. Sad, Crown once was a very christian promoting publishing house.
I would like to see an award equal to the book value of Random House.
Always has been a lie Ralph, always has been…
Run, Sarah, Run! WIN, SARAH, WIN!!!
Prediction:
Dan "Fake but Accurate" Rather will be called in as a character witness for McGinnis.
Honest progressive? Hard to be honest when one is delusional and incapable of grasping reality…
Tramp? How sexist you liberals are.
Will this leave any other publishers or media outlets who ran with this garbage culpable, like MSNBC and the madcow?
I think that the definition of Malice is needed here.
Malice
A desire to harm others or to see others suffer; extreme ill will or spite. The intent, without just cause or reason, to commit a wrongful act that will result in harm to another.
Malicious
Having the nature of or resulting from malice; deliberately harmful; spiteful: malicious gossip.
From reading the above definitions of malice, I , think Gov. Palin has a pretty good case. I think that EACH PERSON in her family should file an individual law suit against the author and the publisher. I also think that they should go after the Alaskan blogger.
It was SLATE who released the e-mail.
If Mrs. Palin was lacking the confidence to expose herself and those members of her family cited in the *cough* *cough* book to the opposing attorneys discovery, in all likelihood she would not have told her attorneys to send the letter.
Watch the demonstration of class, as the left cries gold digging, as Sarah Palin donates every last penny that would be due her upon such a suit to a charity.
Now, I don't care for these kinds of suits in the least. I believe speech should be met with speech, not lawsuits, though this is a bit different when there exists a bombshell bit of evidence like the email denoting knowledge of the false nature and the lack of any sourcing whatsoever.
The only way I'll support Sarah here on this one is if every penny goes to a worthy charity.
So I will ask again; will this leave any other publishers or media outlets culpable for running this garbage, like MSNBC and the mad cow?
If this is deleted again, at least have the courtesy of telling me why!
Maybe the figure they can fall back on the Enquirer as a source and a few nameless Alaskan haters. The Murkowski's have a big Axe to grind up there because she knocked them out of politics up there. She also stepped on Lisa's toes in 2010 when she endorsed Joe Miller for the US Senate seat for Alaska. The Alaskan democrats helped to elect Lisa with a write in to push Miller out because of Palin and the Tea Party.
I can't believe Lisa Murkowski can show her face in the Senate each day because she lost that primary election half and square, but refused the voters choice. It was the democrats who pushed her to run with a write in campaign.
She’s sue in a heartbeat I’m sure! There’s no end to the lengths Mama Grizzly will go to market her image for profit. She IS Ruthless and will do ANYthing for money. See what I mean with her indecent proposal at http://dregstudiosart.blogspot.com/2011/06/ecstas...
would the award going to her election campaign be OK with you?
I thunk they gonna git some learnin' now!
Heh!!
My name's Rather and I'm a dick.
Thanks Iowahawk!
The lawsuit isn't about libel, it's about MALICE. Simple. They KNEW they had false info, they printed it anyway to destroy her. THAT is malice. Try to learn something between your crack binges.
She and her family have already been investigated in detail by about every liberal group there is!
I'm thinking unmitigated greed, pure and simple……liberal minds believe the whole world thinks like them. They probably thought this would be a "golden goose" bestseller……taking them to the next level in the publishing world…
Too bad, that next level might be the opposite…..
I share the same suspicions as a few others here…..I smell an out of court settlement that'll cost them big time…….
I also predict some new taxidermy bills in Sarah's future that involves some more trophies on her wall….
Hey Sarah! Get some!!!
Sarah is young enough to make a run in 2016 or even 2020. Concentrate on kicking some liberal a$$ right now!
"There’s no end to the lengths Mama Grizzly will go to market her image for profit. "
She probably has dropped more money between sofa cushions and under her car seats than you and your entire worthless family will ever learn. Cheers
Oooooooo…..
Edgy, urban hipster douchebag, who draws with the acumen and the sophistication of a pre-schooler, draws Palin picture. With Reagan on the wall!
mmmmm….yeah. It speaks to me, maahhn. It reaches me.
Why dontcha' grab a new box of 64 colors on the way out, Skippy?
Agreed.
I also think they believed the Republican/Conservative psyche would continue to absorb any and all abuse with the historical stoicism of those Republican/Conservatives from the past.
Surprise!
After the last few years of Government run amok, there seems to be a growing Republican/Conservative contingent, not to mention the T.E.A. Party folks, who subscribe to the philosophy that was once put forward by a movie character, "We've come to kick ass and chew bubblegum… And we're all out of bubblegum."
You might ask why I offer this link? Well, I just like the spot, that why.
You actually followed the link? Without a 10' pole and a NBC suit?
As yes, blaming the victim: a fine leftist tradition.
Gonna move to Canada when she gets sworn in? he he! Dummy…
Hey Joe
By the way, she was
content to to return to AK after the national election and go to work,
but the haters wouldn’t let her. Now these adolescent screechers are
obviously not scuba divers. And no one ever told them what happens when
you continually jab and pester a barracuda. Without warning, it will
spin around and tear your face off. Shoulda known better.
troll
And the Left.
I wonder if they just want the opportunity to depose Sarah thereby having opportunity to ask anything and everything. Put her through their meat grinder while she is trying to run a campaign. I wouldn't put it past them.
Once more: "Waugh! Palin BAD! Come to my blog! Waugh!!"
Will she lay the smack down on another Marxist? Maybe!
Time for some rally music…
http://www.youtube.com/watch?v=vXd949Iwjdw
Never did McGinniss state the information was false…
One email referencing a lawyer or lawyers does not entitle Palin's legal team full access to McGinniss' correspondences with his lawyers.
Are you still trying to sell that crap you call art?
You're an idiot, the first amendment does not protect lies and defemation which this is in spades. Go troll your momma fool.
also, i'd imagine that even IF these sleazebags can/could/do prove some of what was written in the coming months, the fact that they couldn't at the time it was published is likely the relevant controlling factor. as far as they were able to determine prior to printing, it was false and that's what probably matters. they may try to throw some major resources at backing up their stories after the fact, which may help in the eyes of the general public, but i doubt will do much good in court.
and i see the pu$$y Thumb Down Trolls have slithered thru. they can't put forth a cogent argument to save their pathetic lives, but they're sure good at dinging our brownie points! ooooh, that hurts!
one layman's opinion- probably not. simply repeating something that someone else said/wrote is slimy, but i doubt it's actionable.
discovery is a double-edged sword- both parties generally have wide latitude to dig into each others affairs. however, as i noted above, what probably matters most is whether the sleazebags in question knew the alleged dirt was probably false- or at least completely unprovable- when it was published. being able to say "see, some of it really was true!" well after the fact may not be much of a defense.
next time make sure you copy your letter (click & drag to highlight, then depending on Mac or PC, simultaneously push "apple" + C or CTRL + C), then you just have to re-paste (CTRL + V) it every time. save a draft in your email that you can copy & paste as needed.
"will do ANYthing for money" -kinda ironic, given what Joe McGinniss just got caught doing, huh?
or are you next going to desperately claim she set up the whole thing just for the publicity? that Sarah & Joe conspired on this entire debacle? (maybe i shouldn't be giving you lefty d-bags any ideas…)
admitting he couldn't document any of it as anything more than rumor is enough in the publishing world.
Buzz off, flea bag!
Buzz off, flea-bag!
Notice when Diane Sawyer reported this story, she sounded depressed.
That's what I call a "pucker letter."
Do I really need to explain?
This was originally in reply to Ashtrak's comment, The only way I'll support Sarah here on this one is if every penny goes to a worthy charity.. I understand the sentiment, but here's a few things to think about. First, without the civil justice system and the threat of paying significant sums of money out, what is to stop publishers from committing this kind of defamation? Our defamation laws make it extremely hard to win a lawsuit, so the frivolous ones get nowhere. On the other hand, the fact that a nonfrivolous suit can cost you millions does tend to make you careful.
It's got nothing to do with freedom of speech — zero, zilch, nada. If this had been political speech, no lawsuit would be possible. It's not political speech, however, it's malicious character assassination. That speech is not protected by the First Amendment, not in the least. Also, it's not the government that's trying to shut down any speech, and we don't have a First Amendment right against being sued civilly by an individual.
As for me, I could care less whether she soaks them for millions and uses it to buy a diamond encrusted yacht, run for reelection or sets the money on fire in the wilderness. Once it's her money, it's her money, period. They've defamed her, they did it maliciously, and there is a price to be paid (to her) for that. Nothing wrong, un-American or in any way un-conservative or even un-Christian about it.
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