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re: Poli Board Defamation Scholars

Posted by Crimson77 on 4/26/26 at 8:19 pm to
quote:

Well, he can't prove that he wasn't drunk unless they happened to do a BAC or something at the time. So what he would need is the word of someone else willing to go to bat for him who was actually there at the time (Patel alleges The Atlantic's sources do not have first hand knowledge of what they are even alleging) and says they're untrue, right?


Prove is relative. The burden of proof (in other words, the degree to which the thing must be proven) is by a preponderance of the evidence. That means greater than 50/50. Patel proves to a jury greater than 50% (even 50.1%) that the claims are false, then he's met his burden of proof on that element. And by "prove to a jury" I simply mean convince, or persuade. Depending on your jury, if they find him credible, his own denials could be enough. To survive summary judgement, he only needs evidence sufficient that a jury could believe by a preponderance of the evidence that the story is false.

Falsity/Truth is usually not the issue on summary judgement. These types of things are nearly impossible to prove definitively one way or another. If falsity/truth was the only issue, you'd at least get the case to the jury and avoid dismissal every time.

The problem is finding some evidence to show that a jury could believe the reporter knew it was false, and published it anyway in order to harm Patel. That evidence is usually hard to find, and pure "well that's what makes sense" isn't enough. You need some real testimony and documentary evidence to make the case. Conversely, evidence to show the reporter at least had a reason to believe it was true is almost always present. Even if that evidence falls well short of what we would all expect a quality outlet to rely on before publication.
The vast majority of people vote in what they perceive to be their best interest.

Evangelicals mostly know Trump is not a god fearing bible reader. But their priority is the supreme court, they know he'll appoint justices that align with their desires, they vote for him.

Many high earners agree with democrat positions on social issues. They vote republican for tax purposes because their priority is their own finances.

Black Americans are enrolled in welfare programs at wildly disproportionate rates. They're going to continue voting for the party that supports increases to welfare programs because it puts money in their pocket. Even if they agree with Trump on many other issues (e.g. as a population they're not very pro-gay, they like border security, etc.).

re: Poli Board Defamation Scholars

Posted by Crimson77 on 4/23/26 at 9:55 pm to
quote:

I think they have to proof the truth first or show that they did not have animus which is very difficult for the publisher given past history.


I am a practicing litigator. Your thinking is wrong. The Plaintiff (Patel, the person who brought the suit) has the burden to prove his case. His burden is to prove falsity, knowledge, and malice. Under the Sullivan case, none of those elements can be presumed based on the contents of the alleged defamatory statements.

re: Poli Board Defamation Scholars

Posted by Crimson77 on 4/23/26 at 9:53 pm to
quote:

a letter outlining why the allegations


What word you put here matters. What was the letter really?

A letter stating that the allegations are false? Basically useless.

A letter stating why the allegations are false? Better, but likely not enough.

A letter breaking down extensive attachments proving that the specific allegations are false? That's what you want. Unfortunately the timelines that reporters will give you to respond to unpublished articles is typically a matter of hours. Not even enough time to put a letter of this nature together in most situations.

re: Poli Board Defamation Scholars

Posted by Crimson77 on 4/23/26 at 9:45 pm to
quote:


you serioisly think there are documents showing a drinking problem???

seriously???


I think there's enough anti-MAGA people in DOJ/FBI that a diligent reporter could find a few people to produce a "memo to self" email which details embarassing drinking problem stories. Even if the stories are completely made up, putting it on paper and giving it to the reporter while representing them to be true, is likely enough to defeat the lawsuit on summary judgement.

re: Poli Board Defamation Scholars

Posted by Crimson77 on 4/23/26 at 9:38 pm to
quote:

Do you think they actually name sources?

If no testimony, they lose I think and this quote you posted helps with the lie.



The way the law works on this, the burden to prove is on Patel. He has to prove, at base:
1) that the story is false
2) that the outlet new it was false when they published
3) that the outlet published it because they wanted to hurt him


It's called the constitutional actual malice standard.

#2 is usually the biggest hangup. Even if the sourcing is flimsy, just casting doubt on whether or not the story is true makes #2 nearly impossible to prove.
This is no judgement on whether the article is correct or not. As a matter of law, the case is likely to get dismissed if not settled. It is very, very, difficult to sue a reporter for defaming a public official, due to the NY Times v. Sullivan case. He would essentially need to prove not only that the story is false, but that the outlet new for a fact it was false, and even further that they published it for the purpose of trying to hurt him. If the outlet can even show that they had a couple of sources that alleged what was in the story, they'll likely get the case dismissed.

Source: I litigate defamation cases regularly.
Pierre, Zabien, and Ryan - you are next (hopefully).
quote:

Our expected standard of living is too high, honestly. We would rather have a luxury SUV and a family trip to Cancun and eating out than have two more children.


I mean, when my choice is a half-decent daycare or after school care program that costs the equivalent of a second mortgage, or a cheap one run by literal ghetto crackheads... yeah I'll just take another vacation instead.

Oh and good luck even getting into a decent daycare. You better sign up before you even start trying to make a baby.

This is reality for those that don't have a family support system around them to help out and need to work a 9-5.
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I’m curious what ICE was doing because the Tom Homan said they couldn’t run the X Ray machines. It’s amazing what this administration can do.


Makes you wonder how necessary the X Ray machines even are when half the time if there's more than 3 people queued up, they just start waiving people through the metal detector anyway.
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Or, you know, there are still bombs falling on the very buildings you are expecting them to overrun.


That's a problem in the short term for them. The long term problem is that the current regime probably still has a plurality of the population's support.

Sure, the majority don't support the regime. But that majority is fractured into various political, ethnic, and religious groups. Some of which is more problematic than the current regime. There is no unified front to propel a revolution.

Also, the current regime has had five decades to arm itself and prepare to fend off an uprising. The opposition would be severely outgunned.
quote:

The people complaining about this have absolutely no problem with giving billions to illegal immigrant welfare chasers, tranny procedures on minors, Somali ripoff artist, Ukraine and LGBTQ+ bullshite! But make the world a better place for 200 billion? Nope! Can’t do that!


I know it’s a crazy thought but there actually many people who support neither and think the government spends about 3x the amount it should overall.

Pave the roads. Support hospitals, schools, law enforcement, and other public necessities. Keep a military strong to defend our country but not to conquer or defend others. Do the basic blocking and tackling to benefit the lives of ordinary citizens (not illegals, beyond keeping them in humane conditions until they can be deported). Otherwise, get out of our lives and leave us the hell alone.
Sherrell will be a critical piece to next year's team and the trajectory of his development suggests he could be an all-conference player next year. I think we will do what it takes to retain him absent an offer we just can't even come close to matching.

We probably have additional funds opened up that would have otherwise been allocated to Holloway.
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I think plenty people post about democrat shortfalls...agree? Would one more make a difference? My point...look in the mirror, both parties have warts.


No shite that's why everyone was hopeful with DOGE. Unfortunately that appears to have done little, and has since disappeared.
Noem spent 220 million to film ads of her riding around on a horse in weird costumes.

That's the same budget as The Avengers.

If that's not a massive fraud, I don't know what is.
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I can’t speak for every grad from Southern New Hampshire but one of my supervisors at my last job (I’m retired now) was an SNHU grad. Dumber than a box of rocks. Made me wonder just how challenging that school is.


There are some really unfortunate HBCU's near me where nearly every graduate is like this. I feel terrible for the poor kids who end up there. They sell a dream of college to kids who have no business going to college and would be much better off with a 2-year degree, trade certification, or military. Instead they go and get tens or hundreds of thousands in debt, 75%+ don't graduate, the average time to graduation is nearly 7 years, and the graduates you do see (I see a lot in job interviews I do) can barely read and write. I work in litigation and we regularly sue these schools for various things. They're run by incredibly incompetent and corrupt officials who live off of the HBCU designation, the shield from scrutiny it provides, and ridiculous amounts of federal grant money that somehow never seems to make its way into improving their decrepit facilities and barren faculty departments.
Not really answering the question but I recall from my time at UA that we were strongly discouraged from taking an online class if we were physically in Tuscaloosa. There were a ton of them aimed primarily at active duty military.
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The left doesn't care if they're exposed as hypocrites.


What this has hopefully done, with the left all of a sudden defending first and second amendment issues, and the right attacking the same, is expose both parties as absolutely spineless. Neither of them care about these actual issues, they care about power. They will say whatever benefits them at that moment, and say the opposite the next if they think it helps them stay in power.

Both parties are a plague on our country.
quote:

What do you think LEO does when fighting with someone and THEN discovering that they have a weapon and could possibly get to it?


Well typically it doesn't result in the individual having a mag dumped in their chest.

But regardless, my point isn't about whether the officers were right or wrong with what happened. It was a messy and complicated situation. Obviously that guy fricked up on multiple levels.

My problem is with Noem's comments. When she specifically said the guy was a threat, that he was there to hurt officers, purely because he showed up with a gun. He has every right to show up there with a gun. Should he have? Should he have done everything else he did? No. But you can't label someone a threat and justify using state force against them purely because they exercise a constitutional right, and that's what she said.
Honestly the response from leadership is way more indefensible than the actual shooting. The shooting is chaotic and the video is unclear. Nobody has a clear understanding of precisely what happened and why in the ~30 seconds or so from the time the altercation happened to when the shooting occurred. God only knows right now if that gun accidentally fired, or who said what, or where the guys hands were fumbling around relative to the weapons carried by the officers on top of him, or what was going through those officers minds.

But then today, Bovino said “If you call agents Gestapo and what they do kidnapping, there are consequences to your actions, and I think we saw that yesterday.”

Yesterday Noem said the guy was a threat, that he intended to hurt officers, and the shooting was justified, purely based on the fact that that he was lawfully carrying a gun.

These are core first and second amendment principles. If you said censorship and gun rights were important issues when democrats were in office, you shouldn’t stand for this response by Noem and Bovino now.

And the sad part is if you’re a true red-pilled MAGA - what they’re saying isn’t even remotely necessary to defend the officers in this case or justify their actions.
quote:

The resume just didn't seem like someone who should be coaching here. No real notable achievements.


This. If you look at sacks allowed and rushing yard per game, he hasn't had a top-40 unit in either category in eight years. He was a good recruiter, but not much to suggest he can coach a good OL in the current era.