Sunday, October 23, 2016

Empty Threats

   Threats are useful tactics for bullies, since they incite fear among those with few resources, either physical or financial, to fight back, so they often yield, thus enabling the bully to continue what for him are successful tactics.
   Eventually, however, a threat to someone of the same size or bigger, and with good financial and legal resources, meets this response: OK, big mouth, bring it on, and we'll see you in court.
  Typically, when this happens, the threat of a lawsuit is not carried out.
   In addition, there are those with no resources, but are right nonetheless. For these, civic groups and conscientious lawyers step up and take the case, fulfilling their ethical obligation of public service.
   Realistically, moreover, these lawyers may also get substantial publicity, which attracts other clients able to afford the legal fees needed to pursue success.
   In the current political environment in America, threats of lawsuits are bandied about like schoolyard taunts. And as with schoolyard bullies everywhere, these taunts and threats succeed only as long as their targets believe they are unable to marshal enough resources to meet the challenge.
   However, major newspapers have excellent resources to fight off libel suits, and the several women who have come forward with accusations of inappropriate sexual behavior by a presidential candidate have the benefit of a conscientious and ambitious lawyer ready, willing and able to stand off a lawsuit if it should be filed.
   Moreover, if the charge be libel, that means the candidate who claims such will be called to testify under penalty of perjury as to the details of his allegation, and would likely face a countersuit accusing him of libel.
   So far, he says he will file lawsuits against his accusers "after the election."
   That means one of two things: If he wins, a sitting President will be in court to answer the charges. Or, if he loses, he will be in court to answer the charges. Under oath and penalty of perjury.
   Libel law 101: If it's true, it's not libel.
   Here's another possibility. If he becomes President, would he attempt to use an executive decree to punish those he feels are his enemies?

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