Posted on Jan 31, 2020
Tulsi Gabbard’s $50M lawsuit against Hillary Clinton moving forward after Clinton’s lawyer...
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Posted 5 y ago
Responses: 5
Gabbard is butt hurt and must need some $$. I guess I should start lawsuits against people that call me names. In fact, let's all do it.
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Patricia Overmeyer
1SG Steven Imerman - Except that liable laws regarding those who are public figures are much tighter than you seem to think. There is plenty of case law, and codified laws, in which liable of a public figure requires that public figure to prove the writer or publisher acted with acted with actual malice by knowing the falsity of the written statement. Please note, liable requires the defendant be a writer or publisher. Thus liable laws will not apply in this case as this was a verbal statement. Thus Gabbard must file under defamation.
Defamation is a broad category which includes liable and slander. Slander of a public figure is an oral statement. The slander laws are as tight as liable laws against a public figure. There will need to be a showing of actual malice by knowing the falsity of the statement. The burden of proof in defamation lawsuits against public officials is clear and convincing evidence, which is a pretty high standard to meet.
Gabbard's lawsuit is why there are SLAPP laws. And should Gabbard lose in court, she gets to pay Clinton's attorney fees and costs and court costs. If the judge finds the SLAPP law applies, then Gabbard can be hit with even further fines. So actually, there is a downside in "defending your own honor".
Defamation is a broad category which includes liable and slander. Slander of a public figure is an oral statement. The slander laws are as tight as liable laws against a public figure. There will need to be a showing of actual malice by knowing the falsity of the statement. The burden of proof in defamation lawsuits against public officials is clear and convincing evidence, which is a pretty high standard to meet.
Gabbard's lawsuit is why there are SLAPP laws. And should Gabbard lose in court, she gets to pay Clinton's attorney fees and costs and court costs. If the judge finds the SLAPP law applies, then Gabbard can be hit with even further fines. So actually, there is a downside in "defending your own honor".
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1SG Steven Imerman
We live in a land of laws by rich people's lawyers, of rich people's lawyers, and for rich people's lawyers. Thank you for illuminating me.
I hope Tulsi takes those dirty Clintons down, if not for the ripped off Haitians, then for the four families she lied to about how their loved ones died in Benghazi, or for the underage girls on Epstein's island that was such a favorite destination for good old Bill.
I hope Tulsi takes those dirty Clintons down, if not for the ripped off Haitians, then for the four families she lied to about how their loved ones died in Benghazi, or for the underage girls on Epstein's island that was such a favorite destination for good old Bill.
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1SG (Join to see)
PO3 Bob McCord perhaps the dems are butthurt or perhaps they are not. That is between the dems and reps. That is no quibble of mine as I did not vote for a dem or rep in the election you speak of. If folks are dumb enough to re-elect trump oh well I say. I rode out the failure of Reagan, bush sr and bush jr. I will wait for a future democrat or independent to clean up the GOP's mess.....again.
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1SG (Join to see)
PO3 Bob McCord I take comfort in knowing more did not vote for him than those that did. I would wager that the popular vote gap not in his favor would have been much larger had more folks went out and voted. Crowds and polls dont mean much. You should know this.
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1SG Steven Imerman
Tulsi- a girl's best friend is her Glock. And a Yorkie. The Yorkie won't harm a neighbor kid, but will raise 9 yards of yapping hell if anyone is snooping around.
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