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Sergei
Seaman Recruit
Joined: 16 Sep 2004
Posts: 34
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 Posted: Tue Sep 28, 2004 10:27 pm Post subject: Check this out - CBS Evidence Tampering Case |
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http://scyllacharybdis.blogspot.com/2004/09/cbs-and-growing-evidence-tampering.html
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Tuesday, September 28, 2004
CBS and the Growing Evidence Tampering Checklist
CBS Legal Dept.: Evidence Tampering Checklist
As Memogate moves out of the journalistic fiasco phase and into a more legalistic phase, the strength of CBS Legal’s Felony Abatement Plan (also known to prosecutors as ‘tampering’) will be put to test.
There is ample evidence of criminal intent by CBS both pre-broadcast and post-broadcast. One as-yet unrealized consequence (other than to CBS Legal) is that communications between a lawyer and client are no longer privileged when the subject matter is furthering a crime or a fraud. The Texas forgery code provides that publication of two or more fake government documents is a felony. Hence, discussions between CBS Legal and CBS producers are fair game – they are not privileged.
Dick Thornburgh should scream loudly and publicly when CBS refuses to allow its attorneys to cooperate in the investigation.
Three earlier articles detail some of the more egregious actions by CBS Legal:
http://scyllacharybdis.blogspot.com/2004/09/updatedtampering-and-fake-ids-for-old.html
http://scyllacharybdis.blogspot.com/2004/09/tampering-statutes-update-2.html
http://scyllacharybdis.blogspot.com/2004/09/wife-beating-bruises-left-by-cbs-legal.html
You want preponderance, Dan? OK.
I’ll start here a checklist of CBS Legal Department Evidence Tampering, which I will update from time to time.
I am defining evidence tampering in two ways: 1) the alteration of a thing with intent to change the thing in a manner material to a foreseeable investigation, or 2) tampering with the likely testimony of someone who is fairly identifiable as a material witness in a foreseeable criminal or official investigation.
[Update: If I defined tampering more broadly to include the merely 'unethical', the list would be longer. Ernest Miller has done a great job with that stupidity and unethical listing, though.]
Pre-Broadcast Tampering
1. CBS Legal inserts made-up “personal files” tag into original story, in an effort to sidestep Texas felony forgery law.
2. CBS Legal terminates the involvement of its outside experts Emily Will and Linda James, when the experts cast doubt on the story. Notably, CBS Legal terminates Will when she begins internet research to further discredit the origin of the forged memos.
3. CBS Legal crafts the scope of its engagement of outside experts, to what CBS Legal determines is a sufficiently narrow and irrelevant role so as to not impart clear evidence of a “guilty mind” (mens rea) on CBS.
4. CBS makes incomplete and misleading statements to General Hodges, and then includes his reactions thereto as evidence. Garbage in, garbage out. CBS acts intentionally.
Post Broadcast Tampering
5. CBS falsely claims, in writing, that CBS’s reporters had "verified the authentication of the the documents by talking to individuals who had seen the documents at the time they were written. These individuals were close associates of Colonel Jerry Killian and confirm that the documents reflect his opinions at the time the documents were written."
6. CBS requests and obtains written reports from its experts after the fact. However, due to its termination of two experts, it was able to obtain written reports from only two experts. One expert's report does not go to authentication, and has been repudiated by the expert fo rthe purpose that CBS is claiming. The other expert report, incomplete on its face, is later repudiated by the expert for the purpose CBS is claiming. Query, what were the direct or implied understandings about payment of fees to experts Pierce and Matley, in relation to their providing these after-the-fact written reports? What pressure was used by CBS to affect the experts's opinions?
7. [Removed; I spoke with Marcel Matley this morning, and my initial speculation was not correct; in our brief talk, Matley dated his original interview with 60 Minutes as occuring on Labor Day.]
8. CBS demands that its experts not speak publicly.
9. CBS refuses to name its experts publicly, as that might reveal that CBS is attributing false statements to them.
10. CBS misrepresented the substance of the opinions that its experts rendered, basically by CBS falsely claiming that its experts had authenticated the forged documents. All four experts have come forth and stated that they did not authenticate the forged memos in any manner, or in the manner claimed by CBS.
11. CBS edits the Matley interview tape. CBS knew it had problems but rebroadcast it, as a purported re-verification. Matley has since stated that CBS acted wrongly. (Check the physical evidence alteration statute….)
12. CBS tampers with witness Knox (Killian’s secretary) by flying a crew to Texas and massaging her story and memory. 50+ years of veteran interviewing, teamed up behind closed doors with an 86 year old lady. CBS releases only a few seconds of the interview - a highly edited tape with sound edits by CBS telling viewers what Knox was supposed to have said, rather than Knox's actual words, qualifiers, etc. (Irony alert: CBS, don't erase the raw footage... we believed Rose Mary Woods, but never again.) (Check the tampering statute...)
13. CBS edits the Knox interview tape. (Check the physical evidence alteration statute...)
14. CBS’s tampering with Knox is intended to establish a few defenses for CBS under the Texas forgery statute. The ridiculous “fake but accurate” claim planted by CBS with the old lady is an attempted defense under the statute. At 86, she might not be around in a couple of years for a trial, and the tape might be admitted into evidence, despite its hearsay nature. Also, CBS has planted its story in her mind - "gotten to a witness" before the tribunal officers can; that is the essence of witness tampering.
15. First criticizing skeptics due to their lack of having the source material, CBS then disavows any handling of the original memos. The turnabout is an attempted defense under the Texas forgery statute.
16. CBS accuses General Hodges of lying, after Hodges come forth and states that CBS tricked him over the telephone and then misused his statements.
17. CBS falsely stated that its experts vetted the memos, then claimed its experts were not relevant, then accused its experts of violating their confidentiality obligations, then stated the experts are not telling the truth about their work for CBS.
18. Days after damning evidence was public, CBS, knowing of its falsity, again claimed that it had verified the authentication of the forged documents by talking to individuals who had seen the documents at the time they were written.
19. CBS News Head Andrew Heyward mades the legal claim that he saw zero possibility of forgery at the time of broadcast. This false statement – directly contary to expert written opinions provided to CBS pre-broadcast -- is an attempted defense under the Texas forgery statute.
20. CBS falsely stated that it would not name its experts due to confidentiality issues. This was false - there was no confidentiality agreement, and all four experts had, or soon thereafter did, speak publicly. The “confidentiality” referred to by CBS was, in fact, the attempt by CBS Legal to keep the experts’ opinions secret, under the umbrella of attorney client privilege. (Irony Alert: the motion picture, “The Insider”…Gina Gershon, folks. That's CBS Legal, in a tight skirt.)
21. CBS claims that the “content of the report” is backed up by evidence and people. Again, “Fake but Accurate.” This is a legalistic and tortured attempt to avoid the Texas forgery statute by invoking the defense that the copies faithfully represent the original, therefore they are not forgeries.
22. CBS’s Betsy West falsely claims that experts Will and James raised no substantive objections to the memos. In fact, they issued written objections, pre-broadcast, and were promptly terminated by CBS.
23. CBS falsely claims that an expert, pre-broadcast, had assured CBS on the specific issue that the superscript “th” was an authentic 1970’s typestyle. No such opinion was given; in fact, CBS was warned by its experts.
24. CBS’s Genelius falsely states that in giving their opinions, Will and James were relying upon, and then deferred to, the opinions of Matley. All experts dispute that; it was an intentional lie by CBS.
&&&&&
You see journalist lapses, bad judgment and the like? OK. I see criminal intent.
Check the codes; it's all there.
More to come.
[Update: The Criminal Statute Scorecard for CBS (so far)]:
The Texas crimes:
Texas Penal Code 32.21 – Forgery
Penal 36.05 – Tampering with Witness
Penal 37.09 – Tampering with or Fabricating Physical Evidence
The Federal crimes:
18 USC Sec. 1341. - Frauds and swindles
18 USC Sec. 1342. -Fictitious name or address
18 USC Sec. 1349. - Attempt and conspiracy
18 USC Sec. 1343. - Fraud by wire, radio, or television
47 USC Sec. 508 – [Payola] Disclosure of payments connected with broadcasts
18 USC Sec. 1512. - Tampering with a witness, victim, or an informant
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Someone just posted here that Dan is going to quietly go. I think the sleuths on the case already have built a Himalayean "mound" of evidence. Dan and Martha together - in prison? They (Dan & Martha) were at Barbara WaWa's going away party last week.
-S |
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noc
PO1
Joined: 24 Aug 2004
Posts: 492
Location: Dublin, CA
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| Posted: Tue Sep 28, 2004 10:46 pm Post subject: |
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| This is a great case presentation, but are the legal authorities pursuing it? |
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Sergei
Seaman Recruit
Joined: 16 Sep 2004
Posts: 34
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| Posted: Tue Sep 28, 2004 10:52 pm Post subject: |
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| noc wrote: | | This is a great case presentation, but are the legal authorities pursuing it? |
Excellent question. Bummerdietz at Scylla & Charybdis did this fine job. Where it goes from here is anybodies guess. But "OUR MISSION" is to keep up the pressure. I have forwarded the above posting to my local CBS Station Manager to keep the pressure up and that the viewers are not going to forget. (We have an ongoing dialog where he is being thought controlled by the CBS NY folks.)
This phase we are in is to spread that the fact checkers are on the case. We need to put political pressure to the decision makers that this CBS fiasco should not go unpunished. Please spread the word. |
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Arty Guy
Seaman
Joined: 20 Aug 2004
Posts: 190
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| Posted: Tue Sep 28, 2004 10:56 pm Post subject: |
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| I would not expect either the feds or the Texas authorities to pursue this until after November 2. It is too hot a potato and any prosecution would viewed as politically motivated. The fact that we have seen politically motivated prosecutions brought by Democrats in Austin against Kay Bailey Hutchinson and now Tom Delay's associates is immaterial. The double standard in the MSM still applies. |
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JCBoston
Seaman
Joined: 31 Aug 2004
Posts: 185
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| Posted: Tue Sep 28, 2004 11:06 pm Post subject: |
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| Quote: | | There is ample evidence of criminal intent by CBS both pre-broadcast and post-broadcast. One as-yet unrealized consequence (other than to CBS Legal) is that communications between a lawyer and client are no longer privileged when the subject matter is furthering a crime or a fraud. The Texas forgery code provides that publication of two or more fake government documents is a felony. Hence, discussions between CBS Legal and CBS producers are fair game – they are not privileged. |
Wow I would think this bit is a huge deal. |
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shadowy
Commander
Joined: 26 Aug 2004
Posts: 301
Location: St. Louis, MO
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| Posted: Tue Sep 28, 2004 11:11 pm Post subject: |
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What if it was Fox that phonied up a few documents about Kerry and used it in a news story? Any chance we'd have to wait till after the elections for legal action to get underway? Wouldn't we already be watching Congressional hearings?
_________________
It's downright brilliant the way he's reserving his devastating intellect to spring it on us at exactly the right moment. |
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Sergei
Seaman Recruit
Joined: 16 Sep 2004
Posts: 34
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| Posted: Tue Sep 28, 2004 11:25 pm Post subject: |
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What is so fantastical about this CBS fiasco, is that nobody in their right mind would have pulled this off. This was a "Perfect Storm" of ego, arrogance, partisanship and throwing every morsel of ethics over board. There are not that many people (in the US) that would have the guts to run the story as it developed. Remember that Burkett approached the Gore team in 2000. The DNC and the Gore campaign even turned him down.
What's funny is that my parents would often tell me stories about Stalin and the propaganda machine of Pravda. When we immigrated to the US (late 50's), they were always distrustful of newspapers, radio and TV. But slowly over time, the trust for the media was realized. And look now, the American Pravda-ivazation of the news media happened without a Stalin. It happened under the freedom and liberty of this great country. I can't watch the news anymore. I get everything from the blogosphere.
Sorry, I got wordy... But this election cycle is for the ages. I will never forget it.
-Sergei |
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JCBoston
Seaman
Joined: 31 Aug 2004
Posts: 185
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| Posted: Tue Sep 28, 2004 11:30 pm Post subject: |
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| Actually Sergei, it is believed that Stalin engineered the socialist takeover of the far left wing in this country. It's a bit "conspiracy nutish" but there are some compelling arguments to support it. |
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BC
PO3
Joined: 08 Aug 2004
Posts: 288
Location: Oklahoma City
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| Posted: Wed Sep 29, 2004 9:07 am Post subject: |
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| JCBoston wrote: | | Actually Sergei, it is believed that Stalin engineered the socialist takeover of the far left wing in this country. It's a bit "conspiracy nutish" but there are some compelling arguments to support it. |
you could say conspiracy, but I wouldn't go as far as saying nutish 
_________________
Remember United Flight 93, "Are you guys ready? Let's roll."
Duty Honor Country |
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BuffaloJack
Master Chief Petty Officer of the Navy
Joined: 10 Aug 2004
Posts: 1637
Location: Buffalo, New York
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| Posted: Wed Sep 29, 2004 11:48 am Post subject: |
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Dang....
Someone sure did their homework.
The individual who put this list together sure get's an "Attaboy" and a Bravo Zulu. |
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Nomorelies
Vice Admiral
Joined: 11 Aug 2004
Posts: 977
Location: Texas
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| Posted: Wed Sep 29, 2004 2:58 pm Post subject: |
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In the present mainstream media environment ONLY conservatives can be prosecuted for any reason under existing laws. Liberals who commit felonies are protected under special dispensation. Liberals are the media and the media are the liberals. Before any issue can be tried in a court of law the liberals will have vanquished it in the court of public opinion.
It is national travesty that liberals can commit forgery, fraud and all manner of felonious actions at will without ever seeing the light of justice in a court room. That is the reason John F. Kerry was never brought to trial for Treason. As long as the liberals control the media they will also control the scales of justice.
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Nomorelies Make a donation HERE |
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