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    Shirley Sherrod May Make Andrew Breitbart’s Day

    Shirley Sherrod May Make Andrew Breitbart’s Day

    Shirley Sherrod is going to sue Andrew Breitbart, she says. The liberal internets are all aTwitter with joy. Andy finally is going to get his comeuppance.

    It is unclear what the grounds for the suit would be.

    Defamation? For what, showing a two-minute clip of her speech, and not showing the rest of the speech (which Breitbart apparently did not have a copy of)? For calling her comments “racist” when she admitted in the speech, at a minimum, to formerly being a racist?

    Interference with her employment? When she resigned and turned down the job when she was offered it after her resignation?

    For portraying her in a false light? Really? I’d like to see the movie of her real light.

    The legal issues — was she a public figure? — may not take this case past a motion to dismiss at the start of the case.

    But, let’s say the lawsuit does get off the ground, and moves forward into discovery.

    Will Sherrod assert that her reputation has been damaged? By claiming reputational harm, Sherrod opens up almost her entire life to scrutiny, which is why so many people are hesitant to assert a defamation claim.

    Will Sherrod assert the loss of her job as damages? This would permit Breitbart to take depositions up the chain of command, from the person who made the infamous “pull over to the side of the road” phone call, to Tom Vilsack, to the people in the White House.

    Now, I’m sure Breitbart does not want to be sued, even though he probably has insurance anyway, which at least would cover the defense costs.

    But, if having to defend a suit of dubious merit allows Breitbart to put Sherrod’s life on trial, to conduct an inquiry into the NAACP and Sherrod’s connections in the movement, and to take the depositions of administration officials, that might just be a price Breitbart is happy to pay.

    After all, the show must go on.

    Update 7-30-2010: Real Sherrod Story Still Untold, and Breitbart is just the guy to tell it. Somehow, I don’t think she really will sue.

    Update 7-31-2010: See my new post, The Original Sherrod Clip Was Not “False”.

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    Comments


    Imagine if her suit in any way references her firing and loss of federal employment — certainly critical elements in the playing out of the Shirley Sherrod story, and her momentary loss of "face" on the national stage.

    It is hard to imagine otherwise!

    Given that, I cannot envision anything less than a viable candidate for "the most risible court filing in the history of jurisprudence" should Shirley Sherrod actually choose to file such a suit against Andrew Breitbart, without also naming as codefendants such luminaries as Sec'y Tom Vilsack, Robert Gibbs, and a few (as yet unnamed) other codefendants in the federal government chain of command — e.g., think at a minimum, Chief of Staff Rham Emanuel, and, likely, the President himself — ALL holding significant positions of power within the federal government, and ALL of whom were bigger and more potent players in the decision to throw Shirley under the racist bus — leading to her momentary embarrassment — than Andrew Breitbart!

    And what of the NAACP? They actually had the full tape all along!

    But I never doubt for a moment the ability of some folks to do really stupid things whilst in the midst of trying to convince others (and even themselves) that they are somehow pursuing "justice" while really trying to do anything they can just to extend their 15 minutes of fame beyond any reasonable expectation.

    Surely someone will gently break the news to Shirley that the failure, under the circumstances, to join several parties under Rule 19 of the Federal Rules of Civil Procedure (FRCP) would likely prove to be an insurmountable hurdle to her premature attempt at getting even with someone who came across and posted a tape that gave her exposure?

    And given — at a minimum — her subsequent and baseless assertion that Andrew Breitbart would "like to get us stuck back in the time of slavery," it is hard to imagine that this latest threat of hers is anything more than a lame, desperate attempt to breathe new life into a story that was already on life support when it emerged!

    Do you suppose someone has explained FRCP 12(b)7 to her . . . in addition to 12(b)6?

    At this point, I believe this is merely an issue of pride with Shirley.

    She wants nothing more, nothing less than a full public apology from Andrew Breitbart, and I think she will likely stop at nothing to try and force it.

    I would donate to a fund to help out in paying Andrew's legal fees for this opportunity. Great investment.

    @herb I agree. where can I donate to AB's legal fund?

    I hope she does bring the suit. This would be better than the best episode of any T V show. Its the discovery part I'd like to see the results of.

    From the Free Dictionary: "Fraud: A false representation of a matter of fact—whether by words or by conduct, by false or misleading allegations, or by concealment of what should have been disclosed—that deceives and is intended to deceive another so that the individual will act upon it to her or his legal injury."

    Seems to me that AB was committing fraud when he posted the video. I assume that he knew full well it was edited. I know of AB well enough to know that he pushes the boundaries. He may have pushed too far this time. We shall see.


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