[Guest post by Aaron Worthing; if you have tips, please send them here. Or by Twitter @AaronWorthing.]
So recently there has been this book “The Rogue” by her stalker biographer Joe McGinniss that alleged, among other things, that Palin had an affair with Glenn Rice. Several people wondered why Palin wasn’t suing, and we lawyers have patiently explained that she not only has to prove that the claims are false, but that there was legal malice involved (defined slightly differently than normal malice), which is very, very difficult. So a failure to sue is not the same as an admission and truthfully it risks giving a false sense of veracity. The jury could find that the story was false, but not maliciously published, and the media might very well spin it as vindication for McGinniss.
Which is why it is interesting that she is right now threatening to sue…
Sarah Palin’s family attorney John Tiemessen has written a letter to Maya Mavjee, the publisher of the Crown Publishing Group, a division of Random House, that Palin may sue her, the company, and the book’s author Joe McGinniss “for knowingly publishing false statements” in his book released last week, “The Rogue,” ABC News has learned.
The book was widely panned by critics for using unnamed sources to criticize Palin and her family. Tiemessen cites an email they have access to in which McGinniss writes that attorneys from Crown Publishing told him “nothing I can cite other than my own reporting rises above the level of tawdry gossip. The proof is always just around the corner, but that is a corner nobody has been able to turn” and that McGinniss “ran out of time” to sufficiently source the book.
You can read the whole letter for yourself, here. As for the email referred to in the lettter, apparently it is the one Breitbart published at his site Big Government. Which proves again that Breitbart is the man…
…with the master plan.
[Posted and authored by Aaron Worthing.]