John Tiemessen is the attorney for Sarah Palin who asked the Anchorage Police Department to issue a press release to the National Enquirer. That press release has come under great scrutiny as it was false and misleading.  The press release of the Anchorage Police Department regarding Todd Palin and his involvement with prostitution was directly opposite to the records of the Anchorage Police Department. Thus even though it was John Tiemessen who asked that the APD issue a press release there is nothing preventing him from THREATENING to sue the APD for publishing false information, even though he asked them to do it.The “threat” of a lawsuit is made for publicity, but not for the purpose of getting at the truth. To threaten a suit is a way to attack the truth of the statements in Joe McGinniss’  book by innuendo. Tiemessen is suggesting that it’s just guilt by “innuendo”, but he is the one making the “innuendo.”

Tiemessen has NOT really threatened the APD. I just made that up. The purpose is to illustrate just how easy it is to generate a headline, and/or to threaten a suit.  He could have threatened to sue Ronald Reagan or Mickey Mouse and a suit against either would be just as likely as a suit against McGinniss. It is the actual pursuit of a suit that is the critical consideration. If you threaten a suit, you might make headlines, and people immediately question the truth of the assertions in McGinniss’ book, without proving that they are in fact not true. By Palin having her attorney make this threat, it is not even Sarah or Todd Palin going on record to say that anything in McGinniss’ book is untrue. If a lawsuit was actually being contemplated, an astute attorney would never THREATEN suit. Instead he would gather as much evidence as possible, and then simply FILE suit. Especially in the case of a slander or libel suit, where proving the truth of the matter in question is the critical consideration, gathering evidence first would be critical.

In the case at hand consider the type of evidence that would be relevant if Sarah Palin should actually file a suit alleging that the information reported was untrue. The attorneys for Joe McGinniss would be entitled to take the following depositions (where the witness would be sworn to tell the truth, under penalty of perjury):

1. Glen Rice: He would be required to answer detailed questions about the sexual experience he had with Sarah Palin. While most of us would NOT want to know the details, certainly Sarah Palin would not want disclosure by Glen of how he rated this experience and just how accomplished Palin was in the sack.

2. All people in the Wasilla community that might have ever seen Sarah and/or Todd snorting cocaine.

3. Any and everybody who might have knowledge of the truth about Trig’s birth mother. Chapter 19 of Joe’s book related to the rumors that Trig is not Sarah’s child. Mr. McGinniss would have the subpoena power of the Courts to take the depositions of Cathy Baldwin Johnson, nurses at the hospital, and even require a DNA test of Sarah, Todd, and Trig. It would be a dream come true for thousands of people around the country, if Sarah and Todd Palin would be forced to testify under oath about whether or not Sarah concocted the entire Trig birth story!

4. Sarah and Todd Palin – Of the many outrageous things that Sarah and Todd have said over the last three years, such a suit would require each of them to be put under oath, and to testify. We have proof that they lie. They have each lied so often that it might be hard for them to remember the truth. If you lie to the press you just look like a fool. We know what that looks like.If you lie under oath, you go to prison. We haven’t seen that in the case of Sarah and Todd Palin, but they haven’t had to answer questions under oath. Remember in the Troopergate matter that Todd Palin simply ignored the subpoena to appear and testify?

Todd may have avoided testifying in that matter, but he would not be able to ignore his responsibility to testify if he would be the Plaintiff in a suit against Joe McGinniss.  He could have been arrested and jailed by the Judge in that matter. If a suit were filed by the Palins alleging slander or libel, the judge would require them to appear and give testimony. They would be REQUIRED to answer questions under oath. You might not have criminal exposure if you bring impermissible pressure on a state employee to fire another, but there are criminal sanctions for lying under oath.  It is Joe McGinniss that has the real slander suit against the Palins for calling him a child molester.

Imagine for a minute one simple question: “Is Trig your natural-born son?” “Have you ever used cocaine?” “Did you ever have sex with Shailey Tripp?” “Did you ever give Shailey Tripp cash?” “Did you ever get a massage from Shailey Tripp?” “Did you represent in any written document to Shailey Tripp that you were not pregnant, when you have represented to the entire country that you were pregnant at that time?”

Thus a suit will never be filed. Tiemessen can threaten all he wants, but we know that Todd and Sarah will never allow themselves to be placed under oath and answer any questions.