Day 294 Defamation SilverScript Aug 12 2017

Day 294 Defamation SilverScript Aug 12 2017

Defamation By New York Times and CNN

https://www.youtube.com/watch?v=oTqCud8XDTA SilverScript

 Transcript
0:03
hey everybody one more so sorry I'm a
0:07
little scruffy here on Saturday night
0:09
heading back to the Bronx but this one I
0:13
this is not one I really want to make
0:15
this is just one that I want to kind of
0:18
think out loud with the crowd this is
0:21
the CNN thing and the New York Times
0:24
thing I'm not exactly sure if they
0:30
accused me of a crime or not if the New
0:34
York Times and CNN accused me of a crime
0:36
when I just basically very calmly said
0:39
you need to implement your procedures
0:40
for these diplomatic containers then
0:43
that is per se liable case closed
0:48
move on to the damage round so I can't
0:55
remember both articles because I was
0:57
indisposed by the state in falsely
1:00
imprisoned by the state so I don't know
1:04
Christopher Mele the New York Times I
1:08
don't remember exactly what he said and
1:09
then I do know that Donnie O'Sullivan
1:12
did not print anything that I told him
1:15
during our conversations so
1:20
this is just more thinking out loud in
1:24
normally in you know you probably all
1:28
remember the Paul Newman movie absence
1:30
of malice if I'm a public figure which
1:33
there's probably a question of fact
1:36
there you know forty thousand YouTube
1:39
subscribers I guess you could say well
1:41
maybe he's a public figure but compared
1:44
to New York Times I have you know one
1:49
millionth of the you know power media
1:52
power that the New York Times says and
1:54
CNN has they have a worldwide reach so
1:58
does the New York Times history I'm
2:02
barely you know very briefly peers
2:08
a shot at the Empire State Building so I
2:11
think I can win on the finding of fact
2:14
that I'm not a public figure so I don't
2:19
have to prove malice as I said per se
2:25
they accuse me of a crime like shutting
2:28
out a port if you could accuse somebody
2:31
of shutting down a port which is a crime
2:33
where you a false threat false bomb
2:36
threat
2:38
that's damages boom we're into the
2:41
damages round
2:42
now there's another internet personality
2:43
that accused me of shutting you out of
2:45
port multiple times I really have no
2:49
interest whatsoever in pursuing that I
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like that personality very much and I
2:55
consider that personality a friend so I
2:58
don't want to pursue that personality at
3:01
all he's very good person who's got a
3:04
good heart he's hearts in the right
3:06
place is just a little confused about
3:07
the facts in this case but that's okay
3:11
we're gonna move on we're really the
3:13
real damage was done by the New York
3:15
Times and CNN so we really have to talk
3:19
about defamation and what constitutes
3:21
defamation now the only case law that
3:24
I'm familiar with is Sullivan versus New
3:27
York Times it's an older case I think
3:30
it's
3:31
I want to say 30-year old case so need
3:37
to kind of bone up on the case law for
3:39
defamation I know that Carol Burnett had
3:42
one case against the National Enquirer I
3:45
think that she won and she donated the
3:49
money to a journalism school so I can't
3:53
remember that I think it's a Carol
3:56
Burnett versus National Enquirer so I
3:59
need to a gathering of angels around
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case law and I'll summarize the case law
4:04
tomorrow but what I really want to
4:06
concentrate on is these clear it's nice
4:09
night here on Saturday night it's not
4:11
too hot it's been hot before but it's
4:14
not been hot what I want to focus on is
4:18
cases that there's just simple clear
4:21
tests of law so that the judge doesn't
4:25
have to go through you know tons and
4:28
tons of briefs and all kinds of
4:30
complicated case law and so forth I just
4:33
want cases where there's clear
4:35
constitutional logic a case can be
4:39
clearly made and we can move forward and
4:42
again it's not really for damages it's
4:45
really for remedy what I'm looking for
4:48
is remedy because if you don't
4:52
unfortunately I've learned this you know
4:54
being mr. nice guy then they say okay
4:58
well we don't care yes you proved us
5:01
wrong yes you won your Zanesville thing
5:03
yes the FBI did chase you down with Jay
5:06
tff yes probably these g4s yes they
5:09
probably sting raid you yes yes yes they
5:12
you know got your all your contacts yes
5:16
they blamed you yes they briefed us and
5:18
we wrote a hit piece we don't care what
5:22
are you going to do about it
5:23
and then I go to the you know underneath
5:27
the building say hey Chris Mele come on
5:29
down Donnie I'm gonna walk right by
5:32
Donnie's office here just come out say
5:35
you know say you're sorry let's print a
5:36
retraction go
5:39
you go sorry I always salute our firemen
5:42
said what are you gonna do about it so
5:45
I'm forced unfortunately I'm forced to
5:50
start exploring the case and I think I
5:55
have to file because otherwise there's
5:57
no remedy
6:01
it's tiring but you know for an hour and
6:05
then I you know kind of regain its steam
6:07
and and say well maybe if I talk out
6:10
loud on this it will be instructive for
6:13
the world you know to go through the
6:15
same process I do so in a certain sense
6:17
being a neophyte and some of this is a
6:20
good thing because everyone will learn
6:23
right along with me so really we have to
6:27
establish defamation I don't think the
6:29
absence of malice test makes sense
6:31
because I'm not a public figure at least
6:33
not a commensurate power commence it and
6:36
commensurate media power the ability to
6:38
defend myself equivalent with an
6:41
equivalence to the New York Times or CNN
6:43
so that's just my thinking
6:53
I was doing that
6:56
comments so send your cards and letters
7:00
about defamation cases your thoughts if
7:03
you want to read the New York Times
7:04
article and read the CNN article knowing
7:07
what you know now now that you have a
7:09
case testimony from the officers and
7:14
becomes when we get those tapes from
7:18
Coast Guard and Border Patrol and DHS
7:22
those tapes they'll become much more
7:25
obvious that I was very cool and very
7:28
collected and I said we only want a very
7:32
limited search against more containers
7:37
diplomatic containers
7:39
and if they say a wand and they read
7:41
high on radiation
7:44
think we have an issue
7:46
so those that's on the tape I was there
7:50
so we can dream up all kinds of motives
7:55
for me and dream up all kinds of things
7:57
that I may or may have not a set or that
7:59
I wanted to close down a Ford or iPhone
8:01
in a bomb threat but none of that
8:03
happened and if you were actually trying
8:05
to help situation where people were
8:08
aspiring from overseas was using their
8:12
diplomatic passport to ship in illegal
8:16
weapons in the United States it could be
8:17
used against the population of the
8:18
United States these are people with
8:20
known through their car dealership known
8:22
Hezbollah ties known has bolo ties I
8:27
didn't
8:29
I'm not a Letarte I didn't drug those
8:32
girls
8:32
I didn't defraud the government for you
8:35
know 2.3 million dollars I didn't have
8:38
my license suspended these are their
8:40
partners these are their partners this
8:42
is the EM Ron's partner those aren't my
8:44
partners I didn't choose those partners
8:47
so when that individual wants ring in
8:50
four containers which could contain
8:54
knowing the modus operandi could contain
8:58
weapons even terrorist weapons
9:01
potentially if I have a cool collected
9:07
rational discussion with the people in
9:09
the port saying hey just to use your
9:12
standardized testing and then I made out
9:15
through leaks to be a right-wing
9:18
conspiracy theorist that's shut down to
9:19
port
9:21
that seems like a mischaracterization a
9:24
deliberate mischaracterization and if
9:27
that's true there is defamation so give
9:32
me your thoughts on this I'd like to
9:34
keep away from doing any actions against
9:37
internet personalities because I I like
9:40
those internet personalities and I think
9:43
the internet personalities are just a
9:44
little bit confused about the facts for
9:48
whatever reason okay that's my last one
9:51
for tonight back to the problems