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Kerry v. Swiftboat Vets: Final update

Despite John Kerry's claim that the "Swiftboat Veterans for Truth" had defamed him concerning his service in Vietnam, he has now allowed the last deadline for filing suit against the principals or their publisher pass without action, as William J. Dyer notes at BeldarBlog:


Sen. Kerry's home state of Massachusetts has a very unusual, extremely generous and pro-plaintiff three-year limitations period for defamation claims. Massachusetts' three-year statute of limitations for defamation claims made it the very last feasible venue in which Sen. Kerry conceivably could file suit and gain his public vindication, if the SwiftVets' allegations about him were false. Those claims were certainly, indeed deliberately, injurious to his reputation; his damages arguably include the loss of the 2004 presidential election, however that might be valued in dollars and cents; and if John Kerry could hope to find a home-town advantage anywhere, surely it would be there. But now he's let the incredibly generous Massachusetts statute of limitations run out, too.

* * * * *

So let's drop the snark and call a spade a spade: The very last thing John Kerry wants is to ever give the SwiftVets the legal tools they'd need to conclusively document their claims, because truth is, of course, a complete defense to defamation claims. Kerry doesn't deserve vindication, and he knows he could never get it in court. In court, there would be compulsory discovery of witnesses and documents, followed by a fair and disciplined adversary process, followed by a definitive determination of the truth or falsity of the SwiftVets' charges -- a determination that he damn well knows would go against him. Instead, the haze of time and the near-universal bluster of his mainstream media allies (who continue to insist that the SwiftVets' claims were "debunked" and that Kerry was victimized) has given him a far better result than he could ever get in court.


Read the whole thing at the link above. Dyer goes on to offer himself as defendant, since he has reproduced most of the "defamatory" claims on his blog, and will even pay Kerry's filing fees, so long as all proceedings go directly on the public record.

Kerry will never accept this, of course, because the truth is his mortal enemy.


Thanks to Instapundit for pointing out this post.


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Comments (21)

Same reasoning CAIR uses wh... (Below threshold)
Son Of The Godfather:

Same reasoning CAIR uses when they rant and rage and threaten to sue...

"Uhm, Achmed, let me explain the discovery process of a trial..."

"Oh... Uhm... Never mind."

Shouldn't be surprise to an... (Below threshold)
ODA315:

Shouldn't be surprise to anbody with half a brain. Would have loved to see the dispensery report of the corpman picking rice kernals out of his pompus posterior.

My favorite political word ... (Below threshold)
Eric:

My favorite political word these days is "Swiftboat", as in "the Republicans will Swiftboat Hillary if it looks like she might win." On the left in means a political hit job based on unfounded allegations. On the right it means air uncomfortable facts.

The reality is the allegations were impossible for Kerry to "debunk", and that's why they hurt so much. If I were Bush I would make a state visit to Cambodia this Christmas.

Eric, sure, as long as he ... (Below threshold)
GianiD:

Eric, sure, as long as he brings his 'lucky hat'.

Kerry will forever be 'seared into my mind' as a bumblefuq who sold out every American to the VC. We all saw the proof that Hanoi John's picture is in a portion of the museum that honors whose who helped the communists achieve victory in Vietnam.

He should be in Leavenworth.

It also says alot that the ... (Below threshold)
Sheik Yur Bouty:

It also says alot that the usual dirtbag trolls lefty commenters who infest reside at Wizbang have had nothing to say about this after an hour and a half...

grrrrrrStupid stri... (Below threshold)
Sheik Yur Bouty:

grrrrrr

Stupid strikethroughs didn't work (like they did in preview)!

"He should be in Leavenwort... (Below threshold)
yo:

"He should be in Leavenworth."

He got what he deserved.

Regardless of how any historical revisionist wants to paint it, and regardless the actual electoral count, he got spanked in the general election, and in the arena of public opinion.

Instead of being "JFK" II, he's now a laughable footnote in history that most people would rather just forget about (Dukakais baby!).

A major disappointment that even people who did vote him are reluctant to discuss.

He wanted to lead the free world in the effort to defeat terrorism and he couldn't even knock a couple of middle aged lawyers out of his way.

He's a pathetic, ignorant, lying stiff and his pretty-boy Burt Ward of a ticket mate couldn't defeat what some are calling the "worst president evuh."

All of his chickens came home to roost and made him a fart in the political windstorm.

He's a despicable failure and will be remembered as much.

Like I said, he got what he deserved. Justice did prevail.

He sold out America to the ... (Below threshold)
GianiD:

He sold out America to the Vietnamese. A loss in an election 3 decades later doesnt change the fact that his zest for fame was at the expense of many honest and honorable young men who served in Vietnam.

Cant say Im intimately familiar with the military code of justice, but aiding and abetting the enemy should have gotten him a sentence. That opinion is SEARED into my mind. His azz should have been fragged.

Addison, Kerry ran in 2004 ... (Below threshold)
FreedomFries:

Addison, Kerry ran in 2004 and that's over; it's 2007 and he's not a candidate. So what?

FF, you are still whining a... (Below threshold)
SPQR:

FF, you are still whining about things that occurred in 2002. Once again, you amuse.

FreedumFries ...Ke... (Below threshold)
Jeff:

FreedumFries ...

Kerry was the democrat's candidate in the last national election ... kind of like their "leader" ... so when we look at the Dems choices for leadership we should always be reminded about just what sort of men they foisted on America as their previous pick ...

Thats What ... :)

"So what?"Exactly!... (Below threshold)
yo:

"So what?"

Exactly!

If it would have mattered to save his reputation (and his presidential bid), Kerry would have done something about when it mattered. He sure as hell would have a case against the Swifties if they lied about him.

The fact that he didn't even raise a pinky in self defense leaves us with the answer we wanted from the beginning: he WAS unfit for command.

Now we can shut the door on this, declare ol' Johnny boy a big, fat, liar, and tell anyone who says he got screwed that, in fact, he didn't.

The Swifties didn't cost him the election, he did. And now it's part of the permanent record and we can move on (dot org).

I wonder what he did with h... (Below threshold)
SShiell:

I wonder what he did with his lucky hat? Anybody see it on e-bay?

The history is important bu... (Below threshold)
Robert the Original:

The history is important but it is not just that.

Just a few months ago Kerry orchestrated a denial of Senate consent for a Bush appointee who had contributed to the swifties.

Kerry seeks his revenge this way, not in court, because that would involve his military records and then he might face charges of sedition.

MEMO</... (Below threshold)
Robert the Original:

MEMO

TO: File
FROM: DNC
DATE: 8/27/07
RE: War Heroes

___

Note to file; the next time we nominate a war hero let's make damn sure the guy didn't game the Purple Heart system and jump out of the theater after 3 months like a scared rabbit. Some war hero we got.

And while we're at it, let's lose that false and defamatory testimony to congress too.

And do you mean to tell me that we got the only guy who illegally negotiated with our enemy while he was a standing officer in the military?

What were we thinking?

FrenchFry John O'N... (Below threshold)

FrenchFry

John O'Neill wins.....

You can link here to read your side:

http://mediamatters.org/items/200408250002

Or you can link here to find out who was right:

http://horse.he.net/~swiftpow/index.php

As often happens in litigation, the side most comitted and well financed will prevail, particularly when they have evidence that favors their cause. Sometimes the outcome is different.

To paraphrase Yo (?) HT to Kim, Mr. Catsoup had the means and the cause....but not the facts. O'Neill beat Mr. Catsoup for almost forty years straight and the MSM was where? O'Neill beat him on Cavett and all the way to 2004, yet the MSM hung on, ignoring,ignoring,ignoring.

The Swift Boat Vet's (who g... (Below threshold)
scrapiron Author Profile Page:

The Swift Boat Vet's (who got a few dollars from me) proved Hanoi John was a liar on several of his claims. It was and is a safe assumption that all of his hero stories were lies. Never did see the signed SF180 and I sent him a blank to fill out.

So, FF, why are the dem can... (Below threshold)
SCSIwuzzy:

So, FF, why are the dem candidates for the nomination all running against a man that won't be in the 2008 election?

Hugh, I got 'Mr. Catsoup' f... (Below threshold)
kim:

Hugh, I got 'Mr. Catsoup' from jhow66. It still cracks me up.

Where's the soldier? AWOL?
===========================

John Kerry whats this repti... (Below threshold)
spurwing plover:

John Kerry whats this reptile afraid of the truth i guess he is upset becuase the swiftboat vets got out the truth about him that the liberal left-wing news media wont tell

Today is the first day that... (Below threshold)
Bob Faunce:

Today is the first day that I have signed into the SwiftVets website and it appears that it has been taken down. I have received some great information on this site for the past 4 years. Does anyone know why it has been taken down?? Thank you.




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