Sunday, November 24, 2019

Christmas Is Coming, after all


To be perfectly clear, if you don't want to watch the video:  Nunes all but announces he will take CNN to court.

“Just to be clear, you’re saying you’re suing CNN,” Bartiromo pressed. “You’re telling me that CNN committed criminal activity?”

“It’s very likely. Or they’re an accessory to it, right? So none of this is true,” Nunes shot back. “The sad part is, I’m the last guy that wants to go into the courts, but the media has become totally corrupt that now they’re willing to actually engage and help with criminals, indicted criminals. These people are sick, and the only way they’re going to be held accountable is through the court system. And It’s the only chance I have to actually get the facts out for the American people because they can’t lie to a court.”
Of course, under the Sullivan decision, it's all but impossible to slander a public official.  That's one problem.  The other is, even without Sullivan, you can't shoot the messenger:

Aside from those constitutional and legal obstacles, there are reasons most public officials in America don't sue for slander.  One is that truth is an absolute defense, and a slander suit can just end proving the truth of what was reported, especially when Nunes won't even deny it in this interview:
The other is the matter of discovery, no matter how the lawsuit resolves:

Colorful but accurate description of what the discovery process is like in a civil case.  It would make Nunes' head explode, and it's the reason he, like Trump, has never sued anybody with enough money to make his life miserable.  Because almost nothing in civil discovery is privileged; CNN could publish almost every bit of it.

Which is why it would be such a Xmas present!

No comments:

Post a Comment