Stew Cook
Well-Known Member
- Joined
- Jan 10, 2018
- Messages
- 8,258
- Likes
- 3,593
He merely floated the possibility of the party being at the Garrett house based upon location and house layout ( based on her recollection of house and rooms ). He said that the owner of the house was probably there, therefore one of the others mentioned wasn't, based on the number of people she said were there. He stated that he didn't know what, if anything happened at the house.Saying "what if" doesn't get you out of a libel ruling.
He merely floated the possibility of the party being at the Garrett house based upon location and house layout ( based on her recollection of house and rooms ). He said that the owner of the house was probably there, therefore one of the others mentioned wasn't, based on the number of people she said were there. He stated that he didn't know what, if anything happened at the house.
He merely floated the possibility of the party being at the Garrett house based upon location and house layout ( based on her recollection of house and rooms ). He said that the owner of the house was probably there, therefore one of the others mentioned wasn't, based on the number of people she said were there. He stated that he didn't know what, if anything happened at the house.Saying "what if" doesn't get you out of a libel ruling.
Since you too are apparently a lawyer, can Garrett prove that what was written is a lie?Saying "what if" doesn't get you out of a libel ruling.
Since you too are apparently a lawyer, can Garrett prove that what was written is a lie?
No one has the burden of proof. This is not a trial, there is no standard of proof, let alone a burden of proof or production. This is a glorified job interview.
Now, just speaking in terms of fairness and how things usually work in everyday life, the accuser informally has both the burden of proof and production, so Schiff is wrong about this. But he knows that.
He would have to prove that the statements are a lie, and that he suffered damages because of them. He never accused Garrett of anything. He stated the house fit the recollections of the woman. Have you read the whole thing? Is the house going to sue him? If so, what lie did he tell about the house?I never claimed to be a lawyer. I am, however, a member of the press. I know what is okay and what isn't.
And Garrett isn't a public figure. All he has to prove is that Whelan had a reckless disregard for the truth.
But liability aside, if Whelan's theory wasn't sourced then he has no business being published by any legitimate publication, nor should he be touting his expertise in the field of ethics.
He would have to prove that the statements are a lie, and that he suffered damages because of them. He never accused Garrett of anything. He stated the house fit the recollections of the woman. Have you read the whole thing? Is the house going to sue him? If so, what lie did he tell about the house?