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September 21, 2004
Conversation with The Abilene Police Department

Posted by Bill

I spoke to Lt. Robert Waggoner about whether they plan to pursue the criminal angle of the forgery scandal.

INDC: "Are you currently investigating the incident centering around forged documents that originated in Abilene?"

Waggoner: "We need an injured party to call us with a willingness to cooperate. We've had several calls from various individuals that feel that they've been injured, but ... you and I know who the injured party in this is, but it's not the general public."

INDC: "So the President of the United States is the injured party, but isn't that a catch-22? I mean, he's probably not going to bother to file charges ..."

Waggoner: "Well, he wouldn't necessarily be the only injured party."

INDC: "You mean that CBS could file charges?"

Waggoner: "If they desire to pursue that angle here, they feel that they were (defrauded), they are welcome to file a complaint. But there are also a lot of state lines that this crossed, and the FBI might be taking a look at this. The FBI might not let me invesitigate, they might want to take it from me."

INDC: "So a credible injured party needs to file a complaint?"

Waggoner: "Somebody needs to come in and file an affidavit, and someone needs to present us with the documents in question. At that time we'll unhitch and we'll pursue it."

Looks like the ball is in CBS's court. Considering that they are likley to get get sued by Burkett, they should certainly want to pursue a criminal angle.

UPDATE: In the comment section, Cody points out that Walter Staudt was mentioned in the memos and would certainly constitute an injured party.

UPDATE: Spelling of Lt. Waggoner's name has been corrected in the body of the interview. My apologies.

Posted by Bill at September 21, 2004 03:59 PM | TrackBack (2)

Comments

Looks like maybe the Killian Family might be able to claim damage?

http://littlegreenfootballs.com/weblog/?entry=12739

Posted by: Tim at September 21, 2004 04:13 PM

You can't file a complaint on behalf of a dead family member.

Posted by: Bill from INDC Journal at September 21, 2004 04:16 PM

I think YOU should be able to file a complaint... spending a week and a half neck deep in horse shit should be grounds enough.

Posted by: Iraqi Intelligence at September 21, 2004 04:27 PM

What about Col. Walter Staudt. Wasn't he slandered in the memos?

Posted by: Cody at September 21, 2004 04:28 PM

I think Staudt has a legitimate claim, plus he lives in Texas which keeps the feds out of it for the moment.

Posted by: KBiel at September 21, 2004 04:33 PM

Bill- he can't file it on behalf on his dead father, but maybe he can file it on behalf of his family name? Did this hurt the reputation of the Killian name? (Is this at all feasible?)

Posted by: Rob at September 21, 2004 04:40 PM

If I were Staudt I would seriously consider a complaint since he was essentially accused of influence peddling.

The slander/liable here is much more on Staudt than Killian.

Posted by: ctob at September 21, 2004 04:44 PM

Maybe any member of the TANG could claim injury.

Posted by: Kevin Murphy at September 21, 2004 04:46 PM

Staudt isn't going to do it. He didn't want to be drug into the whole mess anyway. Now after CBS sacrifices Mapes to save Rather, then we've got an injured party who just might be pissed off enough.

Posted by: ubu at September 21, 2004 04:47 PM

Injured party?


Quick... get Carville to Texas.

He wants to submarine Kerry anyhow.

Posted by: Marc at September 21, 2004 05:29 PM

Any Abilene/Taylor County resident who viewed the CBS broadcast.

Posted by: Winemaker at September 21, 2004 06:33 PM

Anyone see that story about fundrainsing idictments against Tom Delay aides. The grand jury was in, where else, Travis County Texas.

Posted by: ctob at September 21, 2004 06:37 PM

I agree, Staudt is certainly an aggrieved party. But he's unlikely to bother. Look how long he waited to even give an opnion on the whole thing. From what I gather the guy just wants to enjoy his retirement and not get caught up in this. Can you blame him? Would you want to spend your last years reading hate mail from the DU nuts?

We can only hope he's eventually motivated by a sense of patriotism or outrage at the injustice. But I wouldn't bet he'll come forward.

Posted by: TallDave at September 21, 2004 09:58 PM

Oh, and great research again Bill.

Posted by: TallDave at September 21, 2004 09:59 PM

Everyone...great insights. Finding a willing plaintiff is one issue but I see damages as a larger issue. In one scenario, CBS could simply admit liability but argue that there was little or no monetary loss. Curiously, CBS could argue that the bloggers were so good that their own reckless dissregard for the truth was quickly remedied and no-one was really hurt. By admitting liability upfront, CBS could effectively cut off any meaningful discovery, that is, depositions of Rather, Mapes, and the rest of Kerry's election team. The only plaintiff I could envision as having enough "losses" to make CBS and their insurers (if their policy covers fraud) nervous is Bush's re-election committee. They could argue that millions had to be spent to undo the damage done by CBS--since the MSM is still carrying the story. Bush, though, to his credit, is a gentlemen (a true Texan trait) who is willing to let these things pass. Has he ever uttered an unkind word? Anyway, on the civil side, I don't see CBS having much to worry about.

On the criminal side, I'm getting a little uneasy that the MSM has no interest in hounding on this issue until someone gets sent up for forging government documents.

Posted by: David K at September 21, 2004 10:35 PM

The Killian family may have a civil tort claim.

The Texas State Adjutant General (head of the Tex NG) has a claim. it's ultimately his documents that were forged. same same the Texas AG, those were Texas documents forged.

Posted by: The Drill SGT at September 21, 2004 10:50 PM

Don't forget USA Today.
I do not know if they would but they are an injured party as CBS.

Posted by: Diddy at September 21, 2004 11:24 PM

By the way, I was wrong yesterday.
I thought I remembered a posting in the Kerry Spot but it was "Anatomy of a Forgery" by The Prowler at the American Spectator posted on 9/10/2004.

It starts: "More than six weeks ago, an oppositionresearch staffer for the Democratic Committee received documents..."

It would be interesting to put a name on this research staffer !

Posted by: Diddy at September 21, 2004 11:34 PM

- Actually there are a multitude of injured parties - How about a class action suit by the entire Republican electorate "for electioneering and interstate racketeering and fraud" naming every bad guy player in this mess just to give them all the good publicity before all the roaches scurry off into the dark corners....

Posted by: Hunter at September 22, 2004 12:03 AM

Need an injured party to file a complaint in a civil case? Absolutely. Need an injured party to file an information in a criminal case? No. Murder victims cannot file a complaint. The state files the complaint as it is the injured party, the peace of the state having been violated.

The police chief here, in my opinion, just doesn't want to get involved in a political cat fight.

Posted by: Mikey at September 22, 2004 09:09 AM

Old lady Knox.

Memos indirectly purported to be typed by her.

Posted by: Winemaker at September 22, 2004 07:25 PM

Knox doesn't care. She has the opposite political motivation.

Posted by: Bill from INDC at September 22, 2004 07:35 PM