On Saturday, June 23, 2012 1:55:07 PM UTC-7, John McAdams wrote:
> On 23 Jun 2012 14:27:43 -0400, "
pjsp...@AOL.COM"
>
Au contraire, you know as well as I that many would have bought it. Which
suggests that, in removing this bit, Crenshaw was trying to tell the
truth, at least the truth as he knew it.
>
>
> >>
> >>
> >> >The writer and editor of the JAMA article, moreover, had
> >> >let their bias be known--that they didn't simply fail to double-check
> >> >their sources, and fail to contact Crenshaw to see if he could refute the
> >> >claims of their sources, but that the articles they published using these
> >> >sources were created to undermine Crenshaw's credibility in the first
> >> >place. OOPS!
> >> >
> >>
> >> Of *course* they were created to undermine Cranshaw's credibility.
> >>
> >> When the SPOTLIGHT did their story on E. Howard Hunt, it was to label
> >> him a plotter in the JFK assassination.
> >>
> >>
http://mcadams.posc.mu.edu/denial.htm
> >>
> >> The court defined "actual malice" rather narrowly there, and the jury
> >> let the SPOTLIGHT off.
> >
> >Yes, of course they let the SPOTLIGHT off, because a jury ruled that there
> >was some evidence supporting SPOTLIGHT's story,
>
> No.
>
> You got suckered by Mark Lane!
>
>
http://mcadams.posc.mu.edu/denial.htm
>
> Lane quotes one (rather crackpot) juror who thought there was a
> conspiracy, but the majority of the jury decided the case on the issue
> of "actual malice."
>
> I found the newspaper accounts. You accepted Mark Lane.
I must admit that when I first read Lane's book, I believed most of it.
Since that time I have read stuff (some of it by you) which convinced me
some of it was exaggerated. But it is not an exaggeration to say some of
the jurors believed Hunt was guilty, and it is a logical inference from
this that the jury would not have concluded the story printed by SPOTLIGHT
was so obviously wrong that no one should have believed it. Joe Trento
still stands by it, and says he got the info directly from Angleton.
Angleton fudged his answers when asked about it in his testimony. There's
something there.
>
>
> >to the extent that some
> >people might reasonably believe it. Heck, some members of the jury
> >believed it. You can't win a libel suit if members of the jury believe the
> >"libelous" story is true.
>
> But the majority didn't.
>
> You *really* need to be a bit critical of what you real from Mark
> Lane.
Don't worry, I am. He writes defense briefs for Oswald same as you write
briefs for the prosecution.
>
>
> >
> >>
> >> When Dan Rather and CBS used those bogus Bush National Guard
> >> documents, their purpose was to *get* Bush.
> >>
> >> But nobody has suggested that Bush could have suied for libel.
> >>
> >> Do you think Bush could have won a libel suit?
> >
> >Not likely. While he may have been able to prove Rather and his team were
> >sloppy, and introduced documents they should have suspected were fake, the
> >issue of "whether or nor the documents were obviously fake" would have
> >come in to it, which would have led to witnesses testifying, in a court of
> >law, that Bush failed to show up for his Guard duty, and disappeared for a
> >year. Once again, you can't win a libel suit--even if the journalists were
> >sloppy--if the jury believes the story is true. And there's NO way Bush's
> >team could get a majority of a jury to believe the story wasn't true.
> >Because it was.
> >
>
> You are trying to defend terrible journalism from CBS.
>
> CBS made specific charges of misconduct against Bush, and the charges
> were false, supported by forged documents.
WHAT? READ UP ON THIS, will you? There is no evidence Bush served in the
Alabama Guard. None. He was obviously AWOL. No one really disputes this.
Rather has made the rounds recently discussing this in detail. Where's the
libel suit against him? We're waiting.
>
> I've never seen any evidence of actual misconduct by Bush in the Guard
> -- as opposed to his being a lackadaisical Guardsman, which he clearly
> was.
>
> So you are using CBS' "fake but true" defense.
The woman who first claimed the documents were fake has insisted from the
beginning that the claims by her boss within them were true. YOU GOT
SUCKERED. Bush and his sycophants have successfully convinced you that the
documents are the issue, and not the dozens of people involved--NONE of
them who remember Bush serving in the Alabama Guard.
>
>
> >>
> >> If being "out to get" somebody were actual malice, it would be easy
> >> for a "public figure" to sue. But it's not.
> >
> >It takes three ingredients, as I remember. Malice plus sloppy and
> >inaccurate journalism plus believability. Larry Flynt successfully
> >defended the lawsuit brought against him by Jerry Falwell after Falwell> >said no reasonable person would believe what he'd said about Falwell.
> >
>
> But people *do* believe Crenshaw, and they did believe CBS -- at least
> until the segment was blown out of the water within hours.
People in the know--Democrat and Republican alike, KNOW the story about
Bush was true. Because 1) the evidence supports that it is true, 2) the
way the Bush crowd argued against it supports that it is true.
>
> >>
> >>
> >> >The usual claim there was an "Absence of Malice" would not apply in this
> >> >case. They set out to destroy Crenshaw, and failed to employ the least bit
> >> >of restraint, or caution, in doing so.
> >>
> >> You mean like Bush and CBS?
> >
> >CBS actually did some digging, and asked Bush's people for comment. JAMA
> >did neither. They printed interviews with doctors claiming another doctor
> >was a liar, without even asking this doctor for comment, or reading the
> >pertinent testimony, which proved the interviewees were in error.
> >
>
> Yes, they were guilty of sloppy journalism, much like CBS.
>
>
> >>
> >>
> >> >Now, is it a slam dunk that
> >> >Crenshaw would have won a jury decision? Probably not. But there can be no
> >> >doubt JAMA's prestige was on the line, and would never have settled if
> >> >they thought they'd had a leg to stand on.
> >>
> >> You don't understand the tort liability system in this country, and
> >> the fact that you can get soaked with massive legal costs *even if*
> >> you are virtually guaranteed to prevail in a trial.
> >
> >Really? I don't understand? Of course, I understand. I also understand
> >a bit about the law and the culture behind JAMA, and JAMA would not
> >have settled if they'd thought they stood a reasonable chance of
> >convincing a jury they were in the right.
>
>
> That's just not true. Going to court in a case like this can cost
> into six figures very quickly.
>
> And irresponsible juries sometimes make huge awards to people with
> cases that should have been dismissed.
Then the burden is on you. Find another case of such magnitude in which
JAMA paid off the defendant claiming they'd libeled him, when it's obvious
they did not.
>
> >>
> >> The costs of going to trial are huge.
> >
> >A large part of those costs are the cost of taking depositions. And
> >depositions aplenty were taken in this case.
> >
> >>
> >> We really need to "loser pays" system that prevails in Europe.
> >
> >Sometimes that does happen. But that system unfortunately rewards the rich.
> >The threat of having to pay for a rich man's fatcat lawyer gives scumbags
> >unfair leverage in any possible legal action. It's bad enough that they can
> >afford the hotshot attorneys, and receive preferential access to the law,
> >but giving them an additional cloak of protection by making poor people pay
> >for those hotshots? That's disgusting.
> >
>
> Sashay(tm)!
>
> Tort liability lawyers are happy to take cases from very poor people
> on a continguncy fee basis.
SO...public policy should be based upon the assumption rich lawyers will
occasionally gamble?
>
> Even where criminal law is concerned, are you saying that every poor
> person should have an O.J. "dream team" legal defense?
>
> Had it not been for a black racist jury, even the "dream team" would
> not have gotten O.J. off, since he was clearly guilty.
WOW. Talk about a straw man. One wonders if you were nearly as concerned
when white racists juries cleared dozens of murderers in the fifties and
sixties, as you were when this one guy got off in the nineties...perhaps
in part because he was black, but definitely because he was rich.
>
>
> >>
> >>
> >> >Crenshaw WON.
> >>
> >> No, he and his lawyere were bought off.
> >
> >Newsflash. In a civil suit getting bought off is called "WINNING."
> >
>
> It's called "successful extortion."
Somehow I doubt you've ever claimed as much at a courthouse. Something
tells me a lawyer or two might take offense.
>
>
> >>
> >>
> >> >Period. It had
> >> >nothing to do with the accuracy of his "theories" or recent recollections.
> >> >But he WON nevertheless.
> >> >
> >>
> >> Are you admitting that his account was absurdly unreliable?
> >
> >The lawsuit wasn't about the reliability of his memory beyond that he
> >claimed to have been involved in something they said he wasn't involved
> >in--and they were clearly in error. But yes, I'm inclined to agree that
> >Crenshaw's memory was inaccurate on some points.
>
> But by a funny coincidence, his "memory errors" involved inserting
> into his story conspiracy factoids -- including one wild one about LBJ
> calling.
If you'd ever read anything about human memory, and remembered it, you'd
know these kind of errors happen all the time. Are you ready to claim
Brennan lied to CBS and than again in his book? Or that every distortion
by Specter and Baden in their books was a deliberate lie? I thought not.
>
>
> >The irony, of course, is
> >that his inaccurate recollections of the head wound as being on the back
> >of the head came from the VERY doctors who later denounced him...for
> >taking THEIR reports and testimony seriously. They owed him a BIG apology,
> >IMO.
> >
>
> No, you are going with the Aguilar distortions of what they said.
> Their actual testimony was all over the place.
>
>
http://mcadams.posc.mu.edu/head.htm#aguilar
Uggghhh. I have two chapters devoted to this topic. You really ought to
read it. It takes what you've written and expands upon it tremendously.
Yes, the original reports are not suggestive of a wound on the far back of
the head. But, Crenshaw's memory also absorbed the so-called McClelland
drawing-- which was purported to show their recollections. Which did.
>
> But even if Aguilar had been right, Crenshaw had no business taking
> material from other sources and claiming to have a memory of things he
> did not see.
Once again, you clearly know nothing about human memory, and its failings.
>
> .John
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>
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