Tuesday, June 15, 2004

Roger's Justice Department

Justice has been served. Two scoops.

And former U.S. Representative Bob Barr (R - Georgia) may soon be served with a malicious prosecution lawsuit.

Yes, it's the 5,000th consecutive loss for Krazy Kounsellor Klayman and Judicial Watch. JW's latest loser client is Boob Barr, whose case against Larry Flynt was tossed by the D.C. Circuit Court of Appeals because the Boobster failed to allege that what Flynt said about him was false. Says the A.P.:

"A three-judge panel of the U.S. Court of Appeals for the D.C. Circuit said Barr failed to make his conspiracy claim against Clinton and Carville within the three years permitted by law.

"As to Flynt, the panel ruled that Barr's claim is barred by the First Amendment because he failed to show that the information printed in a one-time issue called 'The Flynt Report' was false or was published with knowledge that it was false.

"Flynt's article included allegations by Barr's former wife that the congressman had an affair in the mid-1980s. It also said that in contrast to his public opposition to abortion, he drove his wife to a clinic to have an abortion performed."

Legal scholars and fans of justice alike will enjoy reading the Court's opinion (.pdf file) and laughing their asses off. The money quote:

"Barr's cause of action rests entirely on his claim that Flynt's conspiratorial publication of The Flynt Report injured his reputation and mental state.... Because Barr's complaint neither alleges that the information is false nor that the report was published with actual malice, Barr cannot obtain damages for the report's publication." (See page 10.)

Aw. Did the poor widdle bigoted nut-job get his feewings hurt?

Actually, the A.P. was too kind. Flynt wrote that Boob lied under oath about his adulterous affair, during a deposition. (See page 4.) And Booby didn't deny Flynt's charge in his complaint.

Oh, and look: Here's Klayman getting his ass kicked once again (.pdf file) by the D.C. Circuit, in a decision enforcing an IRS subpeona served on Judicial Watch.

Life is good.

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