A Very Important Third Party Intervention
By Bruce Walker (09/24/07)
The recent lawsuit by Dan Rather against CBS presents Republicans and conservatives with an opportunity that they should not – indeed, cannot – pass up. Although the heart of Rather's lawsuit appears to be that CBS wrongly denied him airtime because of pressure from the White House, the real villain behind the Rather lawsuit is that "Vast Right Wing Conspiracy" that kept noble Mr. Rather from telling America the truth about President Bush before the 2004 election.
The truth is that CBS slavishly did everything that it could to facilitate this obscene slander and that it relented only when general pressure from the American people (recall Jay Leno’s joke about C”BS”) compelled that ultra-Leftist organ of the Democrat Party to back down. The danger to conservatives and Republicans is that Rather, an ultra-Leftist, could settle this case with the ultra-Leftist management of CBS in which the giant corpus does a sleazy mea culpa, to wit: “Yes, we are forced to agree that CBS wanted to bravely stand by the probably true story about Bush skipping his National Guard duty, but the pressure of the White House and radical right-wingers kept us from doing the honorable thing and standing by Dan Rather (etc. ad nauseum.)
This a lawsuit that begs for the intervention of conservative and Republican groups against both CBS and Dan Rather, based upon several different legal premises. First, CBS and Dan Rather long illegally conspired to present forged documents to the American people knowing that the documents were forced. This leg of the legal action should not be based upon libel – which the Warren Court made almost impossible to prove – but rather upon conspiracy.
What would this charge allow intervening conservative groups to do? It would allow discovery into the communication between Rather, Mapes and corporate bigwigs. It would allow access to CBS corporate internal records, which would show that CBS clearly hoped that Rather was right and were willing to give him all the room he could to prove his point.
Second, conservative and Republican groups should ask for declaratory judgment – without seeking damages, which would get the litigation into the area of libel – asking that a federal judge simply determine that the documents presented on CBS Evening News by Dan Rather were obviously false and clearly forged, and that CBS Evening News or Dan Rather know or should have known that this was the case.
The key in that leg of the lawsuit would be that conservatives and Republicans have a right, through litigation, to prevent a Leftist plaintiff and a Leftist defendant from using the judicial system to perpetrate a fraud on the American people. Three years ago, everyone know that Dan Rather and CBS were deliberately trying to swing a presidential election by the means bordering on (or perhaps crossing the line into) criminality. Both plaintiff and defendant in the lawsuit were on the same side.
If CBS is willing to concede that it knew that it was tricking the American people, fine. If it is not, then through depositions and other forms of pre-trial discovery, conservative and Republican parties should tip over the ugly rock of Leftism conspiracy and talking points, review the un-purged emails in which CBS executives frantically scurry about trying to figure out how best to lie to their audience.
This sort of discovery could also be used to show an institutional bias against Republicans and conservatives, seeking to find out – for example – why it took nearly two months for CBS to even mention the Gary Condit story, the story that all the rest of America was talking about or why CBS overwhelmingly hires Democrats and Leftists over Republicans and conservatives for key roles the news room (or, for that matter, in programming.) A true expose of the fundamental bigotry of CBS against Republicans, conservatives, Christians and patriots – particularly if judicially determined to be true – could be dynamite in our war to deconstruct the vast Leftist establishment, which thinks it fine to have a holocaust denying, “Great Satan” American denouncing Hitler from Iran speak at Columbia University.
Dan Rather, former Democrat press secretary to LBJ (some – of course by accident! – that is never mentioned in his resume), and implacable anti-Patriot and Christophobe, deserves his day in court. So do the tens of millions of conservatives and Republicans whose reputations have been daily attacked by the goons of the Left. Let us see if the American System of Justice, if that has not become another archaic term, will allow us our day in court. If so, then we must grab the day and seize the moment. Suing CBS and Dan Rather at the same time is too great a prize to be passed.
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