Donate

Washingtonienne Gets All Up in her Torts

An actual lawyer or two have written to comment on the merits of the Washingtonienne suit. Surprise: It has some. Wonkette's privacy tort operative says that the tort at issue is known as the "publication of private facts." Yow! We're wriggling around already. Wait, it gets better:


The elements of that tort are that the defendant publicized (the threshhold for which is pretty low, even communication to one other person might meet the standard) facts about the plaintiff that would cause a reasonable person extreme embarrassment or mental anguish.  Given the nature of what was published, I don't think he'll have much trouble showing that a reasonable person would be mortified. 

Continued after the jump.

The real question will be whether the information she provided was specific enough to identify him.  She may have named him only "RS," but she did mention other details about him -- e.g. that he was a lawyer, Jewish, and so on.  He will claim that given the smallish size of the Hill community, these details aggregated into an identification.  People did figure out who he was, after all.  That's prima facie evidence that she identified him.  There will also be the question of whether he knew she was writing about him in her blog.  If so, she might have a defense that he waived his rights by acquiescence.

 

All torts are defined by state-level common law, i.e. case precedent.  Accordingly, the actual strength of the case will depend on the jurisdiction in which the suit was filed and the existing case law in that jurisdiction. 

 

One funny part that got missed here is that he doesn't appear to be asserting defamation.  Why?  Probably because truth is an absolute defense and he doesn't want the substance of what she wrote about him being proved in court.

Yeah, the guy apparently has enough performance anxiety (from the brief): "The private facts revealed include ... his difficulty in maintaining an erection while wearing a particular condom." You think a condom's bad, try open court.

Washingtonienne Brief [Wonkette]

$
Donate with CC
DHS photo (Every damn ICE pic looks like this)

Donald Trump's immigration goon squads were all set to start mass arrests and deportations of families in multiple cities Sunday, but before the raids started, he tweeted Saturday that he'd decided to delay the operation by two weeks -- to allow Democrats a chance to join Republicans in trashing US asylum law. Trump took a phone call Friday evening from Nancy Pelosi urging him to hold off on the raids, although it's also possible that internal disagreements about the operation at the Department of Homeland Security may have been part of the reason for the delay, too. In the meantime, Trump gets to terrify undocumented families some more and rant about deporting "millions," although the planned operation was actually targeted only at a couple thousand people who have already received deportation orders.

Immigration and Customs Enforcement had been gearing up to start raids in 10 US cities, including Los Angeles, Chicago, Miami, and Baltimore, to show how tough America is, and never mind that the sweeps would certainly have led to more family separations, as ICE scooped up at least some undocumented parents of children born in the US. The news also comes while the media is reporting filthy, inhuman conditions at the border camps where newly arrested immigrants, including babies, are being packed in, leading to plenty of awkward questions about why the government suddenly wants to arrest more people in the interior of the country? (Hint: President Eichmann just announced his reelection bid.)

The Great Deporter announced the delay of the operation Saturday by Twitter, as if that were normal, then followed up with more bluster Sunday.

Keep reading... Show less
$
Donate with CC

Kamala Harris was holding it down at the South Carolina Democratic Convention this weekend, and she wasn't just there to kick it at Clyburn's Fish Fry, hang out with Berndog Sanders, and just look extra good. No. She fucking running for President, and she's actually got a chance, unlike the many Mayo Casserole Men who keep jumping into the damn race. Why did they jump in after Kamala and Elizabeth Warren, the only people who are even running, clearly said, "We got it from here, boys"? Not sure, but regardless, it was unnecessary. Doesn't matter anyway because who is gonna remember Dadface McDorksky when Kamala is turning it the fuck out with speeches indicting Trump?

Do you believe in America? Kamala Harris believes in America, and her Saturday speech calls out for justice, and righteousness; where Barack Obama struck hopeful, dulcet, aspirational tones, Harris strikes sharp chords of urgency. To say that she read Trump the riot act would be, and is, an understatement; what she did here raised a crucial reality that some Dems refuse to see. Trump MUST be prosecuted. The Democratic nominee will wear many hats, and one of the most important of those hats is that of a prosecutor. There is a case to be made against Donald J. Trump, hell, there are so many cases, and as far as Harris is concerned, who better to make that case, but a COP? ¯\_(ツ)_/¯

Kamala Harris at the South Carolina Democratic Convention June, 22 2019 youtu.be

Keep reading... Show less
$
Donate with CC
Donate

How often would you like to donate?

Select an amount (USD)

Newsletter

©2018 by Commie Girl Industries, Inc