This seems more like a case for a civil lawsuit than a criminal one. The problem in this case, however, that it would be Killian who sues, since he is the victim of the forgery. This also might be a defamation case, or perhaps lible? Perhaps his kids could sue.

Memo:
RE: Forgery
To: Ace
From: Unimpeachable source.

1. Questions arising about whether forgery statutes apply. Suppression of this meme needed.

2. Divert Question: Did CBS pay for the documents? Forgery then relevant.

3. My insides knowledge says DR gave BB a "west texas sixed old-school hummer", and a DVD of "Classic Price of Right!" in exch. for memos 1-4. Memo's 5-6 were a tougher sell. Apparently DR had to agree to wear a strap on and sing "Yellow Rose of Texas". 5-6 were eventually handed over.

5. Blackrock running interference now. Must go.

Senator Phil A. Buster

I mean,

Unimpeachable Source! Ignore the other stuff.

(This memo typed on an IBM Selectric).

This technicaly is NOT a crime as it is not forgery of "federal records" or "military records" as they are proported "memos" to file....oh how wish it would be different...nothing would please me more than having dano and his crew dragged into criminal court.

two things...
1.
just so i understand...i can forge any document i want and not go to jail as long as i dont do it to
recieve money and all i want to do is defame
someone. so if i forged a document saying that
for example, my boss, who just passed away, did something really really bad and i did it because i did not want his son to take over the business.
i really wanted a friend of mine to be ceo, so i forged this fake info to help someone else..this
is legal?

2. in the interview with the secretary..
rather asks "do you think bush got in to the guard because of special treatment" her response..
"there were a lot of other boys in there the same way" she is talking in first person knowledge.
and "boys" meaning other pilots. then she goes on
to say that these other pilots "resented" bush.

ok..here's my question

If most of these boys (pilots) got in the same way as bush..and were privilaged with rich families....WHY WOULD THEY RESENT HIM?

OK...THREE QUESTIONS..

is it a crime....
what about forging documents to affect the outcome of a presidental election during WAR?

toni

So masquerading as a dead ANG officer isn't against the law? How about trying to manipulate an election with false information? Throw enough DOJ lawyers at the problem and they'll come up with something.

As for myself, I've seen enough evidence, gather a posse and get a rope.

How about CBS' advertising customers. Aren't they paying for time during 60 Minutes based on the show's reputation? Considering the dip in ratings and possible repercussions I'd be mighty pissed if I'd spent millions of dollars for ad slots during 60 Minutes.

The libel approach might be valid. Killian's family would have cause to be angered. Bush's service has been impugned and he could complain but the White House strategy of letting CBS dig its own grave has been working pretty well.

ACE - Some observations:

1. Everyone assumes no money is involved. Hence no crime. This may not be true. It is a dirty fact that Networks and tabloids pay for news. Not saying Burkett is definitely nailed, but he is someone who hasn't worked for 5 years, has plenty of bills, and if he peddled the documents, chances are he might want more than a handshake from the CBS producer. If so, it becomes criminal because he defrauded CBS.

The other venue of fraud is showing the CBS network acted recklessly and with malice - given it's own experts raised strong doubts that the documents were real - in an effort to achieve financial gain (higher revenue from higher ratings). Courts have been exceptionally reluctant to go after a news organization on this, though, on 1st Amendment grounds.

2. Everybody seems to be assuming if there is no crime, no action can be taken to get to the bottom of this. Not true. You have torts and Federal Regulatory action.

First torts. Are there harmed parties? Sure. CBS -loss of brand value. Affiliate stations - loss of revenue from lowered ratings, viewership. Loss of reputation to "forensic experts" misused by CBS without knowing all CBS knew, statements by CBS about those experts that further damage their reputation. Tort claims open up discovery. Others have sued CBS and found through discovery how messed up CBS was. Gen Westmoreland, for example, got a pile of money and an apology out of his CBS lawsuit.

Second, regulations. Congress can start an inquiry on misuse of public airwaves by CBS which harm the public interest. Same with the FCC. Full subpeona power to investigators, with criminal charges on those that fail to release records or cooperate. But even if 1st Amendment shields Rather, it doesn't shield other suspects. And the FCC can go after CBS if CBS betrayed it's public trust and a pile of FCC regulations. And, the FEC has authority to investigate election tampering, and could launch it's own investigation with full Federal powers.

***Of course the downside of torts and regulatory action is that it would take years to play out, and attention will go away. Face it, in 3 months, assuming Bush is reelected, the Bushies won't care. It will take some Congressional action pushing the tort suits or regulators - or a criminal case to keep the WHODUNIT trail hot.***

No - I'm not a lawyer, but I stayed at a Holiday...no seriously, I do know a bit of law from my "staffer in DC working on legislation" days alongside lawyers inc. a case of brokers using the media to commit securities fraud....but that all is just my opinion, not that of a true shyster who troubleshoots these sort of media-gov't flaps.

So, Is cbs just going to get away with it?
What can we do?

toni

What can we do?

Crack open a big barrel of street justice.

and that most forgery statutes require not just a forgery but the intent of defrauding someone out of money

I agree w/ Eric above... It seems to me that the advertisers have an arguable case.

Regarding your "um" story. I would like to coroborate it. I once looked inside an IBM selectric, while in the U.S. Army. I have also tried to pick up chicks using the hand writing "trick". According to CBS standards I am an expert. Possibly even a jenious of the caliber of the frauds that cooked up this document.

The only possible caveat I see is that I disagree with the CBS position.

If CBS paid for this story, then there's the money angle.

poker me up