Wednesday, October 23, 2024

Keeping Lawyers Busy

That same day, an attorney representing Trump, Edward Andrew Paltzik, sent a letter to CBS threatening a possible lawsuit. Paltzik alleged that CBS “intentionally misled the public by broadcasting a skillfully edited interview” that was “aimed at causing confusion among the electorate regarding Vice President Kamala Harris’s abilities, intelligence, and appeal.” 
Paltzik’s letter was clearly political in nature, charging that Harris gave a “word salad” answer to Whitaker and calling the network’s conduct “deceptive.” He said “we therefore demand that you immediately provide and publicly release the full, unedited transcript” and “preserve all communications and documents” relating to the interview.
To a legal mind what is presented in that demand letter breaks down into two parts. The first part (the first paragraph above) seems to be trying to claim “election interference.” The second is simply a demand for documents with no basis in the law except “we…demand.” As the article goes on to note:
From the network’s point of view, caving to Trump’s demands to see the unedited interview transcript would break with precedent, suggesting that a powerful politician can bully a news organization into doing whatever he wants.
Which is the way Trump wants it; but it’s not the way he’s going to get it, even if he’s President again.

The response from CBS has the right take on this demand:
In a blunt letter to Trump’s legal counsel, the network on Wednesday said the First Amendment “fiercely protects” the editorial judgments made by “60 Minutes,” the network’s flagship newsmagazine. 
“For that reason,” CBS said, Trump has no legal basis to sue, “and I note that you do not identify one,” the letter from CBS News senior Vice President for legal affairs Gayle C. Sproul stated. “Nor is there any legal basis for your demand that we provide you with the unedited transcript of the interview, which we decline to do.”
"I note that you do not identify one.” Again, that’s one lawyer telling another: “Stop wasting my time. You and I both know you ain’t got shit.” I’ve written a few responses to demand letters; usually all you can say is that your client will defend their rights vigorously. Seldom do you get to ask, in legal terms, “who do you think you’re kidding?”

Trump really does seem to be committed to the full employment of as many lawyers as possible.

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