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Now Tulsi is suing Hillary

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Now Tulsi is suing Hillary  Empty Now Tulsi is suing Hillary

Post by Maddog Wed Jan 22, 2020 2:45 pm

The lawsuit claims that Clinton is a “cutthroat politician” and “sought retribution” for Gabbard endorsing Clinton’s 2016 Democratic primary opponent, Sen. Bernie Sanders (I-Vt.). Gabbard is now facing Sanders in the crowded 2020 Democratic primary.

“Clinton’s false assertions were made in a deliberate attempt to derail Tulsi’s presidential campaign,” it says.

https://thehill.com/homenews/campaign/479320-gabbard-suing-clinton-for-defamation-over-russian-asset-comments?fbclid=IwAR0A_2sXUiucDU5VrR0z3-OhV9HQJv6x9p3b0D_Vif3APPcBC1MYJkqc57s


I don't see this going anywhere, but who doesnt like a good cat fight?
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Post by Original Quill Wed Jan 22, 2020 4:04 pm

Will there be any witnesses or exhibits at the trial? Rolling Eyes

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Post by Maddog Wed Jan 22, 2020 9:25 pm

https://d3ba7j4nna908t.cloudfront.net/attachments/Tulsi-HRC_2020-01-22_Complaint_filed.pdf

Shocked
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Post by Original Quill Wed Jan 22, 2020 10:03 pm

Maddog wrote:https://d3ba7j4nna908t.cloudfront.net/attachments/Tulsi-HRC_2020-01-22_Complaint_filed.pdf Shocked

Defamation...I thought so.  Tulsi Gabbard will lose on a motion for summary judgement, if not a Rule 12(b)(5) motion (failure to state a claim upon which relief may be granted). The law is so well established that even filing the action amounts to harassment.

Under New York Times Co. v. Sullivan, 376 U.S. 254 (1964), public figures must show "actual malice" using evidence outside the words themselves.  As Justice Brennan said, "profound national commitment to the principle that debate on public issues should be uninhibited, robust, and wide-open, and that it may well include vehement, caustic, and sometimes unpleasantly sharp attacks on government and public officials."  Absent a showing of actual malice, which may not be assumed, the action will be dismissed.

Since New York Times's issuance in 1964, the Supreme Court has extended its higher legal standard for defamation to all "public figures", beginning with the 1967 case Curtis Publishing Co. v. Butts. Because of the high burden of proof on the plaintiff and the difficulty of proving the defendant's real knowledge, these decisions have made it extremely difficult for a public figure to win a defamation lawsuit in the United States.

https://en.wikipedia.org/wiki/New_York_Times_Co._v._Sullivan

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