Cold Fury

Harshing your mellow since 9/01

Advise and consent

Damned good advice if you ask me.

There is no office where a person can go to get back his or her good name after a lifetime of effort and achievement is destroyed in a moment by unsubstantiated accusations. But under our system of justice there is a place where an individual can go to seek redress and accountability for accusations that destroy reputation. Judge Kavanaugh, you have spent much of your adult life there – that place is a court of law. Because you are a sitting member of the federal judiciary and may yet be a justice on the United States Supreme Court, you may be disinclined to be a litigant in civil defamation lawsuits. If these are your feelings, I urge you to reconsider.

As you well know, the law provides that republishers of unsubstantiated, false accusations are liable for such accusations even when initially made by others if they republish those accusations with a reckless disregard for truth or falsity. Since at least 1896, our courts have recognized the legal maxim that “talebearers are as bad as talemakers” in the eyes of the law.

Your list is long. NBC, MSNBC, CNN, The New York Times, USA Today, The New Yorker, and the parade of individuals of all stripes who cannot resist the lure of the bright lights and cameras to echo and validate your accusers in the media. And to restore some public faith in our profession, include on your list a lawyer named Michael Avenatti, who has abused and demeaned you and our system of justice for personal publicity, fame, and fortune.

The members of this list, and many others, have demonstrated considerably more than the requisite degree of recklessness in promoting their agendas by accusing you. Their constant republications of unsubstantiated accusations have and will adversely impact your life – and the lives of your family members – for generations. Sue them all.

If we brought the code duello back, that would put an end to one hell of a lot of this, if not all.

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1 thought on “Advise and consent

  1. “If we brought the code duello back, that would put an end to one hell of a lot of this, if not all.”

    Even that’s not really necessary. For most of mankind’s existence, if people attempted to dishonor you, you were within your rights to just kill them, or even just someone from their family. But then again, the penalty for bringing a charge that failed to be proven already ranged from immediate execution to having your tongue ripped out, so it often wasn’t necessary to go beyond that.

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