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Case Dismissed: Judge Dismisses Entire Sherwood vs. Kerry, “Stolen Honor” Lawsuit

by Pamela Leavey

Breaking News: The Democratic Daily has just received word that Sherwood vs. Kerry has been dismissed…

Yesterday, in a true victory against the “Swift Boat Veterans for Truth,” the Federal Court in Philadelphia issued a decision dismissing a defamation case brought by Carlton Sherwood against Senator John Kerry and his Pennsylvania campaign manager Anthony Podesta.

The complaint had alleged that the Democratic National Committee and others sought to prevent Sherwood during the 2004 Presidential Campaign from distributing a movie entitled “Stolen Honor,” which dealt with Sherwood’s views of the Senator’s conduct after his military service during the Vietnam War.

The case was “dismissed with prejudice.” A “dismissed with prejudice” ruling means that Carlton Sherwood can never bring another lawsuit against John Kerry on this topic again.

Last October, I had reported here on the lawsuit:

“Carlton Sherwood and his band of twisted cohorts who defamed John Kerry, are suing John Kerry and a former campaign staffer, claiming that they defamed him.”

The “dismissed with prejudice” ruling is a true victory against Sherwood and his right wing crew of liars and it proves the point that the progressive grassroots was right to stand up to Sinclair Broadcasting in 2004.

Everyone in the progressive grassroots should make it clear: We were right to stand up to Sinclair Broadcasting in 2004 and we were right to reject the “Swift Boat Veterans for Truth” twisted, distorted view of patriotism.

The real debate in this case is about Iraq and dissent. That is why Carlton Sherwood and his band of liars hate John Kerry. The federal court in Philadelphia did the right thing and acted responsibly to shut them down.

John Kerry is just as right now to stand up for a better course in Iraq, as he was right when stood up after Vietnam.

A complete copy of the ruling from the court is available here in PDF.

UPDATE: AP NEWS Reports:

U.S. District Judge John P. Fullam said he found no evidence that Kerry personally made any of the statements, and furthermore, found that they were protected opinions.

“I do not believe any of these statements are actionable since they constitute expressions of opinion, and must be viewed in the context of a hard-fought political campaign,” Fullam wrote in a ruling issued Thursday.

“More importantly, I am not aware of any basis for holding a political candidate personally responsible for statements made in press releases issued by his party’s national committee,” the judge wrote.

UPDATE 2: From the Boston Herald:

The courts will not be hijacked by Mr. Sherwood’s personal agenda,” Kerry spokesman David Wade said Friday. “John Kerry will continue to speak out about the best direction for our country and the real interests of Americas’ men and women in uniform.”

Sherwood, who once worked for former Gov. Tom Ridge, did not immediately return a message left Friday at his home near Harrisburg. His lawyer, Howard Scher of Philadelphia, said no decision has been made about whether to appeal.

The judge said that Sherwood’s suit focused more on decades-old anti-war activities than it did on the alleged defamation, and noted its self-congratulatory tone in referring to Sherwood “at length, as an award-winning journalist of great integrity and renown.”

In asking Fullam to dismiss the suit, Kerry’s lawyers earlier this year argued, “Presidential campaigns are not for the faint of heart.”

6 Responses to “Case Dismissed: Judge Dismisses Entire Sherwood vs. Kerry, “Stolen Honor” Lawsuit”

  1. Victory!!!! Yea Senator, congrats on the win.

  2. Well, there’s one Judge who isn’t legislating from the bench :lol:

  3. Congratulations, Senator Kerry.

    Justice did prevail, and I’m feeling extremely happy for you.

  4. Dotti,

    Did you do a lil dance like I did? Come on now, you can tell me. :)

  5. John O’Neill and his Smearboat Vets for Lies just wasted $100K of their donors’ hard earned bucks in subsidizing Sherwood’s frivolous lawsuit.

    Have you ever seen the lame complaint put together by Sherwood’s gang? Impossible to believe a law school graduate wouldn’ve written something so idiotic:

    http://www.vvlf.org/documents/Sherwood_and_VVLF_v_Kerry.pdf

    BTW, I love the judge’s snarky comment on Sherwood being described in the complaint “at length, as an award-winning journalist of great integrity and renown.”

    About those “awards” … maybe Pamela would like to help expose Sherwood for the resume padding liar he is:

    http://www.dailykos.com/story/2006/7/2/165515/6874

    I sure hope Kerry gets attorneys fees awarded. That would be the ultimate b***h slap on the SBVT/VVLF – their own $ used against ‘em.

    —————————————

  6. […] #8220;John Kerry’s record of betrayal” for his anti-war protests. The case was dismissed with prejudice, effectively ending any further legal action on the matter. Interestingly eno […]