Saturday, July 4, 2009

Can You Say SLAPP?

One of the responses to rampant speculation yesterday (Friday) that one of the possibilities that Alaska Gov. Sarah Palin so abruptly announced her imminent resignation from the job she swore to uphold for four years, is the possibility of an ongoing criminal investigation, more than one ongoing criminal investigation, either by the Federal Government, or by some other law enforcement entity, has been the wrath of the Anchorage attorney Palin hired to complicate her life and ours, back in September 2008, Thomas van Flein.

He has issued a statement that begins:

On July 3rd, 2009, Governor Sarah Palin announced her intent to resign her gubernatorial duties and transfer the powers of Governor to Lt. Governor Sean Parnell. Almost immediately afterwards, several unscrupulous people have asserted false and defamatory allegations that the “real” reasons for Governor Palin’s resignation stem from an alleged criminal investigation pertaining to the construction of the Wasilla Sports Complex.

Actually, Mr. Van Flein, what people did was combine information publicly available now more than nine months, with newer information, and, as we've tried to make clear, "rumors." Since our country was founded, when people post rumors about public figures, and call them "rumors," they are no more unscrupulous than - for instance - when a political candidate calls a highly respected educator a "terrorist."

At least the furor, so far directed entirely at Alaska's most meteoric and charismatic progressive media commentator, Shannyn Moore, has resulted in the following:

Despite rumors of a looming controversy after the Republican governor's surprise announcement Friday that she would leave office this month, some of them published in the blogosphere, the FBI's Alaska spokesman said the bureau had no investigation into Palin for her activities as governor, as mayor or in any other capacity.

"There is absolutely no truth to those rumors that we're investigating her or getting ready to indict her," Special Agent Eric Gonzalez said in a phone interview Saturday. "It's just not true." He added that there was "no wiggle room" in his comments for any kind of inquiry.

OK. I'll accept that. Actually, I am relieved.

So, Mr. van Flein, just as Palin openly alleged in front of hundreds of thousands, broadcast to billions, that our now sitting president was "Palling around with terrorists," we openly alleged that we had read and heard Alaska Gov. Sarah Palin was under investigation. Apparently, she is not, at least by the "Feds," as she so eloquently wrote in one of her - thankfully! - last missives on state policy.

I wrote, back on June 18th, when van Flein's last expensive action on Palin's behalf came to light, regarding his motion to exempt Palin from public disclosure of her true business relationship with a recreational equipment manufacturer, that one possible outcome of the legal fund fundraiser for Palin in late June, was to finance a SLAPP lawsuit against citizens who merely want open and transparent government:

...one of the possibilities .... could be to announce a hefty SLAPP lawsuit against Andree McLeod, Linda Kellen, both, or against them and other Alaskans who merely want to know what our laws actually mean, when it comes to Alaska Governor Sarah Palin's burgeoning extra-curricular life, and that life's relationship to the stewardship she accepted when she took her oath of office.

How much did you charge Palin for this preliminary move on a possible SLAPP, Mr. Van Flein? I know. You won't tell me. I already tried to get an honest answer out of you on her legal expenses.

Look Mr. van Flein, as much as we comment about how strange, funny, vindictive, unprepared, ignorant, selfish and foolish Gov. Palin often appears, when it comes to reporting what we hear or read about her, what we write is in the hope of ultimately arriving at truth, not fiction. We sure are not out to hurt her or be malicious. We have quashed many untrue rumors, some of them quite rapidly.

We all have mixed feelings about Ms. Palin. But to characterize Shannyn Moore or the other Alaska bloggers as unscrupulous will not hold water.

Thanks for bringing all this to our attention, and helping to get a comment from Mr. Gonzalez.

Also, Mr. van Fein, you might sit down with now-Gov. Palin, and watch this video, followed by a down-to-earth discussion session. If Palin can't afford your bill for the discussion session, I'm sure Shannyn and the rest of our pesky Alaskan bloggers could quickly raise the money, perhaps within an hour, to pay your fee.

22 comments:

onejrkitty said...

THe LAST thing Palin wants is a lawsuit.

You are stripped naked in legal proceedings and nothing, NOTHING can be kept out without the judge saying so.

The cost of discovery, filings, depositions etc will cost her money, and unless she has an advance on that book, she doesn't have it ( oh, I forgot about her PAC and defense funds)

Well, anyway. She cannot afford the scrutiny and it will burst her narcissistic delusion bubble when the court treats her like a "commoner" and demands she turn over documents, emails, check copies, on and on and on.

Van Flein is not one of the better attorneys in this town and he would be easily outgunned.

With the attendant publicity, SM would likely have her pick of attorneys to represent her,

Besides, the constitution protects citizens free speech from intrusion by the government, not vice versa. Shyannan never presented anything as fact, only as rumor and it is not her rumor.

If the FBI is out, then maybe it is the IRS or the DOJ. If no one is investigating we have a problem. Not with VF suing, just that no one is going after Palin !

I still think people need to understand that info leaked cannot be trusted because law suits are too dynamic and often false info is leaked as part of an attorney's strategy.

I dont know where Gryphen and others are getting their info and I am not asking, but I must caution to be careful. GOOD ATTORNEYS AND LEGAL PROFESSIONALS DO NOT TELEGRAPH THEIR PUNCHES !

ONLY BIG EGOS DO THAT and there is risk of great embarassment when situations change and predictions don't come true.

Be careful. Be patient. Narcissist always self destruct and she will.

You got to think of it from the atty or prosecutors side. WHY should they let ANY media know what they are doing? They KNOW how important it is to have all you ducks ( lame and otherwise ) in a row and then you file in court. You do not tell bloggers. You HOLD YOUR OWN COUNSEL UNTIL YOU ARE READY AND THEN YOU INDICT !

Van Flein is a numbskull. He is blowing smoke and is an embarassment to good attorneys anywhere. A GOOD ATTORNEY WOULD ADVISE PALIN TO NOT SUE AND TO NOT THREATEN TO SUE ! VF is just milking Palin for all she is willing to pay him.

onejrkitty said...

One reason for not "leaking" info to anyone is you don't want your subject to become aware of the investigation and start destroying documents, or getting together with witnesses and trying to "get their stories straight."

If YOU were investigating Palin, would you go tell others about it and have them hint at it in their blogs so your subject knows what you are up to?

Hell NO !

If info is coming from citizens who are seeing, hearing things then all the more reason to be cautious. PEOPLE LOVE TO GOSSIP AND PEOPLE INFLATE THEIR EGOS FROM BEING THE 'FIRST TO KNOW WHAT IS GOING ON."

People will lie to you, little white lies, to make them look like they are part of the inner circle and know more than others. THEY know the secrets.

Maybe they do. Maybe they don't. But you take a risk believing gossip and printing it until you got hard facts.

Protect yourself and your own reputations.

onejrkitty said...

I got to go to bed, it's late.

I am not worried about Van Flein suing.

I am worried about our good progressive bloggers losing validity from being too gung how about releasing info they get from people who may not be all that "in the know."

You guys are doing a great job and I respect the work being done and the outspokeness in confronting this evil woman.

I just dont want you guys to get egg on your face when a little caution would prevent that.

Keep your own counsel a little more. Play those cards close to the chest and dont do the "tease" journalism !

Good night all.

Things Come Undone said...

ET just what kind of law does Sarah’s lawyer Van Flein specialize in that or the specialty of any other lawyers he brings in to help could tell us the nature of Sarah’s legal trouble.
Also who were his past clients and is Sarah or an other party paying his bills? Your commenter is good Liable I thought is almost impossible to get a conviction on in this country. Unless something has changed your commenter is right a good lawyer would advise not to sue.
But then again didn’t Bill O’Reily lose to Al Franken? Maybe Sarah hopes in discovery to find some huge dirt on the Alaska bloggers or evidence that George Soros is paying you all.
That is not what I think mind you I’m just trying to think like a paranoid person and predict Sarah’s next move.
Sarah it must be noted that even if she is guilty of something will say otherwise, however incoherently with complete sincerity.
Get Christy and the lawyers at the Lake to weigh in on this. Sarah needs drama attention junkie she seems to be calling the Alaska bloggers out. She needs an enemy to fight/get attention she’s chosen you folks.
I’m betting she thinks she has a card to play.

Philip Munger said...

TCU,

"card to play"?

We'll see...

Aussie Blue Sky said...

Now that she's history, I'm just looking back and thinking 'gee, doesn't this woman have a lot of secrets?' One of the biggest secrets is: how did she get such a high bill from such an unspectacular lawyer?

ps: I always thought it would be the IRS after her for long-time tax evasion.

Things Come Undone said...

onejrkitty a commenter on your site said

Van Flein is not one of the better attorneys in this town and he would be easily outgunned.

With the attendant publicity, SM would likely have her pick of attorneys to represent her,

http://progressivealaska.blogs.....slapp.html

I agree but why is the Governor of Alaska represented by a single lawyer and not a law firm? Would not any action she did as Governor or any attack on her reputation as a Governor warrant an entire GOP friendly law firm? This is not a traffic ticket this is serious.
She was McCain’s VP she is, or was the GOP’s leading Presidential contender Rush said she was the new leader of the Grand Old Party, doesn’t Sarah have a book deal I assume its worth millions?
The scandal of her resigning and the questions of why did she really resign could threaten her future presidential run and the book deal. Heck I’m sure the Feds if they were not investigating her before they are at least wondering what they missed now. The DEA after seeing her resign on TV might also be interested, and the County Mental Health people.
Did GOP party leaders freeze Sarah out of the old boys club GOP lawyer system where is Ken Starr, or Robert S. Bennett?

Things Come Undone said...

I’m betting she thinks she has a card to play. ET I never said its a good card but she thinks it is.
And well if this was a bar I'd say the lady was going to ask you to step outside.
I think there's going to be a fight.

Things Come Undone said...

Cops and Private Investigators ET drive the speed limit be careful what you say on the phone the GOP's dirty tricks people might have decided to use the Alaska bloggers as a test case.
To see if they can shut us down.

Star the wonder pup said...

My schtick is busting penny stock scams, and I have been on the receiving end of SLAPP suits on more than one occasion.

They generally go away once the plaintiff gets the first discovery motion, if they even survive preliminary motions to dismiss.

Queen Sarah's bluster may feed her personality disorder, and it is red meat for her deeply disturbed base, but if she actually pursues it her flame-out will be more dramatic than her current catastrophe.

Anonymous said...

Maybe the people of this country who have enough of this fraud need to bring a class action against Palin who was an elected official at the time slandering Obama. This allegation would surely have her video to be used as prima facie evidence. There also should have been a charge of violation of the Patriot Act during many of her violence-inciting rallies.

If anyone could be sued for their vituperative slander AS AN ELECTED OFFICIAL OF THE PEOPLE, it would be Palin. Calling someone a terrorist and a socialist when she's clueless about the definition of the terms in order to besmerch the reputation of another candidate is pretty disgusting stuff.

Isn't it amazing how some folks just can't help themselves? By opening one can of worms, the find themselves consumed by those same worms they've freed.

She's not only made Moore and Brad superstars on a holiday weekend but the can of worms of litigation may bring the wrath of americans who viewed her slander on the stump as evil and disgusting out in a tour de force.

Anonymous said...

Just because the FBI is supposedly out of this equation, it's true that the IRS and the DOJ work independently of the FBI so I'm not sure what that proves, if anything.

Time will tell. It always does.

Anonymous said...

I find it totally mind-blowing that it is not even one year (will be in August) that this woman entered national politics and already she's self-destruced and become a quitter.

We all knew she certainly could never handle the job as Veep; in fact, during her interviews it became increasingly clearer that she wasn't even aware of the job description, for crimminie sakes. How bad is that?

Now we find that the paltry few days she actually served the good people of alaska as their governor she was either AWOL, working from home (hell yeah!) and/or on the campaign trail.

Quitting is what Sarah does.

From Wikipedia:
1982 - Hawaii Pacific College - 1 semester
1983 - U of Idaho - 2 semesters
1984 - North Idaho - 2 semesters
1985 - Matanuska Susitna Comm College - 1 full term
1986 - U. of Idaho - 3 semesters
1987 - graduated

5 years to get a 4 year degree with bouncing in and out of community colleges. Is this all she's got?

Anonymous said...

Wonkette's not afraid of Sarah Palin: http://wonkette.com/409650/insane-sarah-palin-late-at-night-on-july-4-threatens-to-sue-entire-internet-via-twitter

Anonymous said...

" when a political candidate calls a highly respected educator a "terrorist.""

Well, did Bill Ayers plan attacks on US soldiers or not ? He admits he carried out bomb attacks on the American mainland and wishes he had done more...if that isn't terrorism what is ?? Just because his rich daddy (a recurring theme with the champagne socialists of the US Left) got him off on a technicality, it doesn't mean Ayers and the three Weathermen who died assembling a bomb aimed at US troops weren't terrorists. Or perhaps all you "progressives" think that nail-bombs are a reasonable debating device.

jo in ak said...

Yowza, that was a hot commentary. I think my screen is smokin'. Thanks for that breakfast gnosh.

basheert said...

anonymous@8:10am:

So, let's think about this. What has Bill Ayers got to do with SP calling Barack Obama a socialist and implying he hangs around with terrorists???

Bill Ayers was a teenager when I was growing up - protesting, lighting fires, standing up for what we believed in and trying to end an unjust war. It's O-V-E-R. We cut our teeth on Vietnam - an ugly horrible time to be 17 and have half your senior class killed in theater.

He is now a college teacher living a decent, honest life and making a decent honorable living. Like ALL of us humans, he made mistakes in his youth. I know I did.

It must be so nice to be perfect and never regret a thing in your life...so you can call other people names for what they did over 40 years ago.

SP is a fruit fly on the apple that is this world. She deserves to be smacked or sprayed with DDT.

I would have been happy to never have heard her name. Like the vampire legend, she shrivels in the light.

She lies regularly, she is STUPID (no not dull, not unintelligent, she is brain-dead STUPID). She is a quitter. And I will bet you $10,000 that she has secrets, lots of nasty yummy secrets.

And with that huge mouth of hers, she will blab those secrets. And they will be reported. Then there will be jokes, and fun, and laughs.

Not because she is Sarah, but because she is the Great Pretender, the Idol with the Feet of Clay, the Emperor with No Clothes. She did this to herself. All by herself. With that uneducated word salad she spews to cover the fact that she has no idea what she is actually saying.

We owe the Alaskan bloggers a lot and we will defend them if they are accused. SLAPP protects the people against suppression of free speech. SLAPP cannot be used by politicians.

Although the FBI has said it is not involved, I'm going to predict that something is out there that will fry her.

And on a personal note, I can't wait to see it.

Things Come Undone said...

Guilt by Association nice Bill is a UIC professor my mom took a class with him is she a terrorist too?
Did my mom oppose the war like Bill and Obama (I presume Obama did) sure but does that mean she and Obama agreed with bombs no!
But decades later after the law had their chance well they both ran into him after he was free everyone gets a second chance once they are free its what America is all about.
But lets look at Sarah for a second Mayor of the Meth capital of Alaska the GOP's Law and Order image should have made that fair game but the press and Obama were nice.
Meth Head or was it something else? Almost mother in law by your very own standards Sarah wanted her daughter to marry into that family Sarah palls around with meth heads. Again Obama was nice.
Husband belongs to a group that wants Alaska to leave America we fought a civil war over that once. Does that group advocate or has used violence if so terrorist! Obama nice
Sarah goes to a church where they hate on Python spirits sorry that isn't Christian we worry about the devil Pythons no mention in the bible except when the Devil took the form of a snake no mention if it was a python and tempted Eve. Pythons are ok unless they are the devil.
Sarah palls around with Pagans! The Fundies would have loved that but again Obama was nice.
Also the recent shootings by right wing nuts with political views like Sarah's which recently led to the death of a 9 year old girl?
Has Sarah said anything to distance herself from them?
Sarah incites and very likely gets funds from Terrorists!
Obama has to stop being so nice to Sarah...oh wait Sarah is over.

Patrick said...

There is one topic that Sarah Palin would never touch in court:

BABYGATE

I know it's becoming boring, but I say it again: Bristol Palin is the mother of Trig, and anybody else who makes that claim will have impunity - because it is TRUE.

I am not "obsessed" with babygate, and I do think that Sarah Palin has more skeletons in the closet, but I still think that babygate is the only issue that can effectively bring Sarah Palin down in the sense that even a large part of her "base" will turn away and disown her - because that was one lie too much.

Sarah Palin's allegation that she is the mother of Trig, who in an act of heroism on Sarah's part was not aborted, is the main reason of her popularity among the wingnuts, and she plays the "Trig card" at every given opportunity. Something smells very fishy here.

My partner Kathleen had written in a blog already on 19th June: "Sarah took on David Letterman and to all intents and purposes, she won. He apologised. Twice. So what chance do two Alaskan citizens have against the might of Sarah Palin if she decides to use the substantial sums that have been raised through public donations to harass them? What frivolous complaints will her army of lawyers dream up in order to curtail her most persistent critics? Watch this space - Hideous Sarah is about to reveal her true face."

http://tinyurl.com/qgpqlc

Sarah Palin now tries to threaten and discredit the Alaskan bloggers. She apparently hopes that they will now become more careful with their allegations. We already know that the MSM has done a terrible job so far covering Sarah's scandal.

But there is still hope, as reporters from the NY Times and the Washington Post are now on the ground in Alaska, as van Flein admitted to the ADN.

Babygate is the scandal that has to be revealed. Everybody should be aware the babygate is the real deal.

Anonymous said...

"SP is a fruit fly on the apple that is this world. She deserves to be smacked or sprayed with DDT."

Nice, a "progressive" calling for the killing of a political opponent.

"(no not dull, not unintelligent, she is brain-dead STUPID)."

Wow, if she is "brain dead stupid" how come the combined weight of the MSM had to used to bring her down ? How come Joie Biden only got a draw in the VP debate ?

"Sarah goes to a church where they hate on Python spirits "

Obama spent 20 years going to a "church" where they hate white people and America.

"Bill Ayers was a teenager when I was growing up - protesting, lighting fires, standing up for what we believed in"

Did you believe in exploding nail-bombs at a Fort Dix party for troops and their dates ? Ayers did.
Do you believe in trampling on the Stars & Stripes as Ayers did in 2001 ?

Things Come Undone said...

"SP is a fruit fly on the apple that is this world. She deserves to be smacked or sprayed with DDT."

Nice, a "progressive" calling for the killing of a political opponent.

Beats killing 9 year old girls

Wow, if she is "brain dead stupid" how come the combined weight of the MSM had to used to bring her down ? How come Joie Biden only got a draw in the VP debate ?

The MSM did not bring her down they just broadcast what Sarah said you know the Lefty blogs were way meaner to Sarah than the Conservative press
Biden drew her to a draw for the debate between Rich Lowry talking about Sarah winking at him during the debate in a creepy sexual way and Tina Fey's impersonation of Sarah at the debate how do you call the debate a draw?
Rich is a conservative and Sarah's sex appeal is the best/only thing he can say about her at the debate?
Tina is on our side just how many people watched the you tube of the Sarah at the debate skit.
Watched freely and of their own choice?

Obama spent 20 years going to a "church" where they hate white people and America.

So despite slavery MLK and Malcom X being killed despite still being paid less for the same job as whites and going to prison at much higher rates
Enron stole more than most African Americans have but how many went to prison?
Despite all that The African American is not allowed to be angry?

Do you believe in trampling on the Stars & Stripes as Ayers did in 2001 ?

Conservatives are kids they never say anything bad about their parents Lefties are adults when America does bad we say something and work to change it granted not always in the best way.
Criticizing America is not automatically wrong in fact its the only way to make America better.
Ask domestic Terrorist John Brown

Anonymous said...

I still think people need to understand that info leaked cannot be trusted because law suits are too dynamic and often false info is leaked as part of an attorney's strategy.

___________________
Julie
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