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Thursday, September 29, 2011

Palins may file case

Palin Accuses McGinniss of Defamation and "May" File Claim

Publisher’s Lunch reports that Sarah Palin's Anchorage attorney has written to Crown Publishers, claiming that Joe McGinniss's book THE ROGUE has "defamed" the Palins.

It also makes the rather convoluted argument that McGinniss somehow "waived the attorney client privilege" when he made a casual reference in an email to what Random House lawyers told him, hoping to use that to access the publisher's legal correspondence with the author.

The foundation for this is an e-mail dated January 27, 2011, allegedly written by McGinniss to a potential source. The posted text opens, "Legal review of my manuscript is underway and here's my problem: no one has ever offered documentation of any of the lurid stories about the Palins."

Later, it says: "Thus – as Random House lawyers are already pointing out to me – nothing I can cite other than my own reporting rises above the level of tawdry gossip. The proof is always just around the corner, but that's a corner nobody has been able to turn."

Unsurprisingly, in view of this, Palin's attorney claims "it is malicious for your company to publish a book where it, and the author, admit that they were fully aware the statements in the book were false, intended to be false, and were intended to harm." He adds: "There is no evidence that Mr. McGinniss somehow magically discovered 'new sources' between January of this year and the present date. Certainly the book does not report any."

Crown sees it differently, of course. In a statement, the publisher said, "After a thorough and careful examination of the book, including probing discussions with the author about his sources, we are confident that the reporting it contains is solid, reliable, and well-substantiated."

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