Are There Any DU Attorneys Out There?

[DemocratSinceBirth]

We are having a discussion in Campaign 2004 about the Swift Vote Veterans For Bush attack ads.....

Many of these Swift Vote Veterans have signed affidavits...


If these affidavits prove to be false can they be prosecuted for filing a false affidavit..


I'm confused because several DUers are saying the affidavit has to be part of an official proceeding to be prosecutable...

[Surf Cowboy]

1. I believe that they are right.

First, you would have to determine if there is a federal law against falsified affidavits not connected to legal proceedings. I don't believe there is such a law.

Second, you have to determine which SmearBoat Vet you want to target. His state will likely be the site of any legal action, and thus will likely be the state under whose laws the case is prosecuted. Again, you need to see if there isn't some law. Odds are that there is no law against signing your name to a lie unless there is a legal proceeding or unless your signature is part of a fraud scheme to induce someone to rely.

Tortiously speaking, however, it is proof of both Slander and Libel, and a case can likely be made for Intentional Infliction of Emotional Distress, as well. These are the only actions I believe such a case could sound in. There may be others, depending on the state at issue.