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Covington Catholic - MAGA DC Incident


Hank Kingsley

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On 7/26/2019 at 5:44 PM, TwiceHorn said:

Thorough and thoughtful opinion.  I'm sure there will be an appeal and the Rule 12 posture of it makes it precarious.

Also, fuckin Wikipedia.

JFC.  Lol.

 

Sorry for the months late reply, but...

 

Wikipedia is open source, so any idiot can go in and fuck shit up fairly easily. But the pages are monitored, and any obvious troll job is (usually) quickly spotted and corrected. And the troll is IP banned.

I bet that "edit" was corrected tout sweet.

I'll take Wikipedia over Fox News, CNN, et al any day.

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  • 8 months later...
55 minutes ago, workswithseed said:

https://m.washingtontimes.com/news/2020/jul/24/nicholas-sandmann-settles-defamation-lawsuit-again/

"Attorneys for Nicholas Sandmann said Friday that they have settled the Covington Catholic student’s defamation lawsuit against the Washington Post.

Mr. Sandmann, who said he turned 18 on Friday"

Kind of difficult to argue you're not fake news when you're writing settlement checks to teenagers.

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7 minutes ago, Message Board User said:

Kind of difficult to argue you're not fake news when you're writing settlement checks to teenagers.

Well, there are mistakes in journalism.  There is spin.  And there is outright falsehood.

Mistakes in journalism seem to happen more frequently in the rush for "scoop" and clicks.  And now they aren't merely trying to scoop other journalism outlets, but tweeters and bloggers.  It's a bad scene.

There has always been spin, and there always will be as long as human beings report the news.

And then there is OAN.

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Kind of difficult to argue you're not fake news when you're writing settlement checks to teenagers.
For all we know he settled for nuisance value. Which is a lot of money to an 18 year old suddenly allowed to decide for himself.
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5 minutes ago, elfenix said:
16 minutes ago, Message Board User said:
Kind of difficult to argue you're not fake news when you're writing settlement checks to teenagers.

For all we know he settled for nuisance value. Which is a lot of money to an 18 year old suddenly allowed to decide for himself.

True enough in the ordinary case, but I think WaPo has the means and the inclination to defend rather than settle as long as it has a pretty good chance of prevailing.

The reconsideration order can be read as being pretty skeptical toward the plaintiff's claims and inviting summary judgment after discovery.

With those two thoughts in mind, I suspect that WaPo feared some exposure here.

Edited by TwiceHorn
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9 minutes ago, TwiceHorn said:

True enough in the ordinary case, but I think WaPo has the means and the inclination to defend rather than settle as long as it has a pretty good chance of prevailing.

The reconsideration order can be read as being pretty skeptical toward the plaintiff's claims and inviting summary judgment after discovery.

With those two thoughts in mind, I suspect that WaPo feared some exposure here.

As with any settlement, there’s a component of “is the juice worth the squeeze.”  It’s Bezos, he could have fought this endlessly and lost completely and it wouldn’t have been couch change. From the Posts perspective they probably just wanted this thing to go away.  They may have offered him low six figures and legal fees and he took it cause that looks like a lot of money to an 18 year old. Or he could have gotten a fat paycheck.  Who knows?  Either way, I’m sure the NDA is serious business.

Edited by Bateshorn
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This thread and its inspiration exemplify what's wrong with both the media and social media these days. Rush to judgment / Twitter mob justice against a bratty-looking HS kid inspires terrible journalism and commentary on the front end, followed by way premature end zone dance here taunting Johnny Sack and all of it equaling two wins for Team Trump that need not have ever occurred but for unforced errors in the rush to be self-righteous. Over a HS kid.

I am way, way, way left but I've also worked in the media for 20 years now and this kind of journalism drives me insane. Get ALL the facts before you write your story, even if you won't be first. It is better to be correct than first. All stories like this do is contribute to a "both sides" of the media do it narrative and at atmosphere the likes of Putin loves: that the truth is unattainable because all reporters are liars. 

It was the same with Duke lacrosse and the UVA rape fiasco. And it always involves upper-middle-class young white males as the victim because it's easy to rally a mob against them and there seems to be more resentment against them in the media than there is against any other class and time and time again our society has been very eager to destroy kids like these I guess because so many of us resent them for their youth and their privilege. It's tempting to do so but also terrible journalism and extremely counterproductive. 

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11 minutes ago, MaybeACoordinator said:

This thread and its inspiration exemplify what's wrong with both the media and social media these days. Rush to judgment / Twitter mob justice against a bratty-looking HS kid inspires terrible journalism and commentary on the front end, followed by way premature end zone dance here taunting Johnny Sack and all of it equaling two wins for Team Trump that need not have ever occurred but for unforced errors in the rush to be self-righteous. Over a HS kid.

I am way, way, way left but I've also worked in the media for 20 years now and this kind of journalism drives me insane. Get ALL the facts before you write your story, even if you won't be first. It is better to be correct than first. All stories like this do is contribute to a "both sides" of the media do it narrative and at atmosphere the likes of Putin loves: that the truth is unattainable because all reporters are liars. 

It was the same with Duke lacrosse and the UVA rape fiasco. And it always involves upper-middle-class young white males as the victim because it's easy to rally a mob against them and there seems to be more resentment against them in the media than there is against any other class and time and time again our society has been very eager to destroy kids like these I guess because so many of us resent them for their youth and their privilege. It's tempting to do so but also terrible journalism and extremely counterproductive. 

Well, and the upper-middle white males are more apt to do something about it.

They're easily fucked with because they do a pretty fair amount of stupid shit.  But you best be right when accusing them of doing stupid shit.

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1 minute ago, TwiceHorn said:

Well, and the upper-middle white males are more apt to do something about it.

They're easily fucked with because they do a pretty fair amount of stupid shit.  But you best be right when accusing them of doing stupid shit.

Exactly. But too many people are filled with the cheap and easy thrills offered by Twitter self-righteousness. 

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1 hour ago, MaybeACoordinator said:

Exactly. But too many people are filled with the cheap and easy thrills offered by Twitter self-righteousness. 

I don't disagree with your take at all.

I just note that the "cheap and easy thrills" of giving mouthy minorities what's coming to them come via institutions that are literally built to do so -- law enforcement, courts, and prisons.

A black dude does what Covington fella does, and cops beat his ass, charge him with assault and resisting, and because he can't afford an attorney AND because cops have immunity, he goes to prison and doesn't get a penny in civil settlements.

Which frustrates even more people, and leads to even more social media vengeance and shit.  It's a vicious circle/dismal tide/shitstorm of shittiness.

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3 hours ago, Message Board User said:

Kind of difficult to argue you're not fake news when you're writing settlement checks to teenagers.

Actually it’s real easy. 
 

Do you know the settlement amount? I bet it’s in the 5 figures. Maybe low six figures if they’re lucky and his lawyers are really good. 
 

Whatever it is it’s less than the cost of defense. That I can pretty much guarantee you. Either pay off the kid or pay your lawyers. 

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12 minutes ago, Brisketexan said:

I don't disagree with your take at all.

I just note that the "cheap and easy thrills" of giving mouthy minorities what's coming to them come via institutions that are literally built to do so -- law enforcement, courts, and prisons.

A black dude does what Covington fella does, and cops beat his ass, charge him with assault and resisting, and because he can't afford an attorney AND because cops have immunity, he goes to prison and doesn't get a penny in civil settlements.

Which frustrates even more people, and leads to even more social media vengeance and shit.  It's a vicious circle/dismal tide/shitstorm of shittiness.

Part of the reason WAPO paid the kid off is because he’s white. It’s a stone cold reality of civil litigation that a white plaintiff is worth more than a black one. 
 

But yeah “fake news.”

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9 hours ago, JimmyJames said:

Actually it’s real easy. 
 

Do you know the settlement amount? I bet it’s in the 5 figures. Maybe low six figures if they’re lucky and his lawyers are really good. 
 

Whatever it is it’s less than the cost of defense. That I can pretty much guarantee you. Either pay off the kid or pay your lawyers. 

You sound awfully definite and sure of yourself on something you are 600 degrees removed from and emotional about; so you probably shouldn't be "gauranteeing" anything, Jim.

This whole thing was a disaster and black eye for everyone-- all sides-- glad it's finally put to bed and hopefully that kid can move on and everyone else already has.

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My best guess on what happened on the settlement is this.  It was probably moving toward summary judgment stage, which would have assembled evidence on those three statements.  See the reconsideration opinion here. https://documentcloud.adobe.com/link/track?uri=urn%3Aaaid%3Ascds%3AUS%3Aa4b151d1-ee39-4ad9-9769-5247150e391f

That evidence probably would have been embarrassing for WaPo even if not producing liability.  That is, I think it would show that they were fairly reckless about checking out Phillips and credulous about what happened overall, even if that would not sustain a defamation judgment.

So, yeah, they settled for something in the vicinity of cost of defense, which is probably fairly substantial (six figures) if trial were a realistic possibility, which I think might have been the case because whether WaPo's actions in giving credibility to Phillips rose to malice is probably a jury question.

As mentioned by me and others, I think WaPo is inclined to defend these mostly without regard to cost, although recent hardships for "print media" may make that less likely.  Many, if not most, entities are willing to settle for anything that may be less than the cost of defense, but I don't think that's WaPo.  Certainly not historically.

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2 minutes ago, TwiceHorn said:

My best guess on what happened on the settlement is this.  It was probably moving toward summary judgment stage, which would have assembled evidence on those three statements.  See the reconsideration opinion here. https://documentcloud.adobe.com/link/track?uri=urn%3Aaaid%3Ascds%3AUS%3Aa4b151d1-ee39-4ad9-9769-5247150e391f

That evidence probably would have been embarrassing for WaPo even if not producing liability.  That is, I think it would show that they were fairly reckless about checking out Phillips and credulous about what happened overall, even if that would not sustain a defamation judgment.

So, yeah, they settled for something in the vicinity of cost of defense, which is probably fairly substantial (six figures) if trial were a realistic possibility, which I think might have been the case because whether WaPo's actions in giving credibility to Phillips rose to malice is probably a jury question.

As mentioned by me and others, I think WaPo is inclined to defend these mostly without regard to cost, although recent hardships for "print media" may make that less likely.  Many, if not most, entities are willing to settle for anything that may be less than the cost of defense, but I don't think that's WaPo.  Certainly not historically.

Yeah.  It's also a good time to settle cases.  There won't be civil jury trials for many months.  Get rid of it cheaply now.

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12 minutes ago, TwiceHorn said:

My best guess on what happened on the settlement is this.  It was probably moving toward summary judgment stage, which would have assembled evidence on those three statements.  See the reconsideration opinion here. https://documentcloud.adobe.com/link/track?uri=urn%3Aaaid%3Ascds%3AUS%3Aa4b151d1-ee39-4ad9-9769-5247150e391f

That evidence probably would have been embarrassing for WaPo even if not producing liability.  That is, I think it would show that they were fairly reckless about checking out Phillips and credulous about what happened overall, even if that would not sustain a defamation judgment.

So, yeah, they settled for something in the vicinity of cost of defense, which is probably fairly substantial (six figures) if trial were a realistic possibility, which I think might have been the case because whether WaPo's actions in giving credibility to Phillips rose to malice is probably a jury question.

As mentioned by me and others, I think WaPo is inclined to defend these mostly without regard to cost, although recent hardships for "print media" may make that less likely.  Many, if not most, entities are willing to settle for anything that may be less than the cost of defense, but I don't think that's WaPo.  Certainly not historically.

Most news outlets carry insurance for suits like this. Assuming WaPo does, I'm not sure to what degree WaPo would have control over the litigation and to what degree their insurer would. 

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29 minutes ago, Hank Kingsley said:

 

 

Wow, kid is going scorched earth. On one hand, you can't help but appreciate the piss and vinegar. Two things jump out at me regarding this strategy. 1) You don't really hold the grudge and make it your first life's mission to run down huge organizations and get justice unless you actually are not guilty (at least in your own mind) and view yourself as an earnest victim. 2) Once you start knocking down the first couple of settlements (and the bigger names like he's done) the rest is just critical mass and precedent, meaning settlements for the next 4 should be formality, right?

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1 hour ago, wildcat09 said:

Most news outlets carry insurance for suits like this. Assuming WaPo does, I'm not sure to what degree WaPo would have control over the litigation and to what degree their insurer would. 

It depends on what the insurance contract says.  But there could be an exclusion for, by way of example, intentional acts.  In which case there would be incentive to settle on other claims covered by insurance, so that WaPo's assets wouldn't be at risk.

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19 minutes ago, Rougarou said:

Wow, kid is going scorched earth. On one hand, you can't help but appreciate the piss and vinegar. Two things jump out at me regarding this strategy. 1) You don't really hold the grudge and make it your first life's mission to run down huge organizations and get justice unless you actually are not guilty (at least in your own mind) and view yourself as an earnest victim. 2) Once you start knocking down the first couple of settlements (and the bigger names like he's done) the rest is just critical mass and precedent, meaning settlements for the next 4 should be formality, right?

Unless you're an entitled white boy (See: Brett Kavanaugh).

Nothing about this really matters to anyone in the grand scheme of things, but it's annoying that this kid is going to end up getting, just out of nuisance value settlements, a shitload more money than any of the thousands (if not tens of thousands) of people who have been illegally assaulted by law enforcement over the past few months.It won't seem like much money to Junior Johnny Sack, but it might as well be an infinite amount to millions of Americans who are currently being evicted because they can't pay rent because there's a pandemic on. It's just a rounding error to WaPo's insurer, literally insignificant to Jeff Bezos, and merely a totem to some dipshit trust fund kid and the conservative media of a victory in the culture war against the evil libs. Meanwhile thousands die and millions starve. America is fucking great.

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6 minutes ago, wildcat09 said:

Unless you're an entitled white boy (See: Brett Kavanaugh).

Nothing about this really matters to anyone in the grand scheme of things, but it's annoying that this kid is going to end up getting, just out of nuisance value settlements, a shitload more money than any of the thousands (if not tens of thousands) of people who have been illegally assaulted by law enforcement over the past few months.It won't seem like much money to Junior Johnny Sack, but it might as well be an infinite amount to millions of Americans who are currently being evicted because they can't pay rent because there's a pandemic on. It's just a rounding error to WaPo's insurer, literally insignificant to Jeff Bezos, and merely a totem to some dipshit trust fund kid and the conservative media of a victory in the culture war against the evil libs. Meanwhile thousands die and millions starve. America is fucking great.

You aren't wrong.

But I also think it's a super stretch armstrong move to get from Point A to Point Z that you are making.

Newspaper/Media jumps to conclusions and shames upper middle class white kid; gets hand slapped for being sensational and not really being factual/truthful in a climate when that is really important. That's it. That's the tweet.

Edited by Rougarou
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42 minutes ago, Rougarou said:

Wow, kid is going scorched earth. On one hand, you can't help but appreciate the piss and vinegar. Two things jump out at me regarding this strategy. 1) You don't really hold the grudge and make it your first life's mission to run down huge organizations and get justice unless you actually are not guilty (at least in your own mind) and view yourself as an earnest victim. 2) Once you start knocking down the first couple of settlements (and the bigger names like he's done) the rest is just critical mass and precedent, meaning settlements for the next 4 should be formality, right?

Nothing screams earnestness like a picture of Sandmann with Donald Trump Jr. as his Twitter avatar. 

And Sandmann's attorney Lin Wood (who is a Qanon supporter) wants Trump to give the kid a Presidential Medal of Freedom.

 

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37 minutes ago, Hank Kingsley said:

Nothing screams earnestness like a picture of Sandmann with Donald Trump Jr. as his Twitter avatar. 

And Sandmann's attorney Lin Wood (who is a Qanon supporter) wants Trump to give the kid a Presidential Medal of Freedom.

 

Not sure that your post here contradicts what I said about potentially the kid sees himself as an earnest victim (which is fueling his legal fires). In fact, I think it does more to validate it in the sense that he sees himself the righteous victim because of his political beliefs, which he has doubled down.

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1 hour ago, Rougarou said:

You aren't wrong.

But I also think it's a super stretch armstrong move to get from Point A to Point Z that you are making.

Newspaper/Media jumps to conclusions and shames upper middle class white kid; gets hand slapped for being sensational and not really being factual/truthful in a climate when that is really important. That's it. That's the tweet.

It's not a "stretch," it's just a general frustration that the rich and powerful keep becoming richer and more powerful, and even when so many regular people are facing so much real pain we've still got entitled little shitsons of the most privileged finding ways to enrich themselves off of meaningless culture war bullshit that is dredged up to distract everyone from anything that matters. At least here the "victims" are an insurance company, a subsidiary of the richest man on earth, and maybe some massive tech companies so whatever, fuck them, but it seems emblematic of everything wrong with America. 

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3 minutes ago, Hank Kingsley said:

This might not be a popular opinion, but as a father to a son, I have a lot of sympathy for people who believe Nick Sandmann still fucking sucks. Fuck him and fuck his parents.  The kid (wait, he just turned 18, an adult!) is a shitstain. 

But why? Why does he suck? Educate me please because, as a father to a couple of sons, I would love to get on board with you here.

8 minutes ago, wildcat09 said:

It's not a "stretch," it's just a general frustration that the rich and powerful keep becoming richer and more powerful, and even when so many regular people are facing so much real pain we've still got entitled little shitsons of the most privileged finding ways to enrich themselves off of meaningless culture war bullshit that is dredged up to distract everyone from anything that matters. At least here the "victims" are an insurance company, a subsidiary of the richest man on earth, and maybe some massive tech companies so whatever, fuck them, but it seems emblematic of everything wrong with America. 

I hear you, but I just think it doesn't really matter in this case. Maybe you are looking at the entire forest and I'm just looking at the trees.

That said, I have zero issue or beef with a guy, with means or without, doing 100% whatever he can to get on the public and formal record that he is NOT (at least formally, or technically as on the record) the monster that the social media cancel culture and media/news made him out to be. Those sorts of false accusations can taint candidacy in colleges, trades, jobs, internships, opportunities, etc. and can follow one around if not for the legal remedy. I think we can all agree this legal remedy comes from the richest man on earth, but you can argue that those who are guilty (social media outrage/mob) are being bailed out by Bezos here.

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8 minutes ago, Rougarou said:

But why? Why does he suck? Educate me please because, as a father to a couple of sons, I would love to get on board with you here.

He loves the attention and basically promotes the worst part of the right. Here's his Twitter account: https://twitter.com/N1ckSandmann

He interacts with Jack Pobosiec (a truly heinous MAGA fuckstick) and amplifies some "educator" dude who believes we should literally abolish the Department of Education.  He's a far-right nut. Fuck him. 

 

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3 minutes ago, Hank Kingsley said:

He loves the attention and basically promotes the worst part of the right. Here's his Twitter account: https://twitter.com/N1ckSandmann

He interacts with Jack Pobosiec (one of the worst MAGA people) and amplifies some "educator" dude who believes we should literally abolish the Department of Education.  He's a far-right nut. Fuck him. 

 

Yea, I guess this is a classic case of being legally right doesn't mean you aren't a weirdo in other parts of your life. I guess that's a good argument for the compartmentalization of justice?

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I think so far only @TwiceHorn has mentioned any culpability for WaPo and the media in all this idiocy.

The kid’s a shitstain for sure, but if the media (and general public for that matter) weren’t so eager to paint every interaction between white males and non whites or non males through the lens of racism, classism, sexism, and any other kind of ism you can think of, this kid wouldn’t right now be making obscene bank.

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I had forgotten all about this, but apparently there were Black Hebrew Israelites that were REALLY stoking the flames. I wonder why they didn't go after these guys harder? Maybe because they are known loons and not worth the attention:

Earlier footage[clarification needed] that was released did not include the presence of a group of five Black Hebrew Israelites on the Plaza near the Reflecting Pond, part of a One West Camp offshoot believing in the "12 tribes" doctrine. They stood in a row "shouting scripture from red books" and taunting passers-by.[9][17][18][19] According to CNN's Sara Sidner they were "taunting ... people of all colors, other black visitors, natives, and a Catholic priest" shortly after the end of the Indigenous Peoples March, and before the students arrived on the scene.[22][20][35] As the students began to arrive to wait for their bus, the Black Hebrew Israelites began to shout insults directly at them.[10]

According to witnesses and video subsequently appearing on social media, the Black Hebrew Israelite men shouted combative and racist slurs at the high school students as well as Native Americans.[10][22][23] They called the students "a bunch of incest babies", future "school shooters", and "dirty ass little crackers", and said "you give faggots rights".[22][24][25][36] Many students reacted by saying things such as "whoa" and "easy".[36] The Hebrew Israelites also called a passing black man who tried to disagree with them a "coon", told indigenous activists that the word Indian means "savage", and said to a woman who had stopped to argue with them: "Where's your husband? Bring your husband. Let me speak to him."[24][26]

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35 minutes ago, Rougarou said:

But why? Why does he suck? Educate me please because, as a father to a couple of sons, I would love to get on board with you here.

 

Because he walks around in public wearing a MAGA hat. Rule of thumb, if you walk around wearing a MAGA hat, you suck. 

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44 minutes ago, Rougarou said:

But why? Why does he suck? Educate me please because, as a father to a couple of sons, I would love to get on board with you here.

 

Because he's a spoiled, rich, privileged white guy who has spent months whining about how put upon he is and how unfair the world is to him.

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37 minutes ago, Message Board User said:

I think so far only @TwiceHorn has mentioned any culpability for WaPo and the media in all this idiocy.

The kid’s a shitstain for sure, but if the media (and general public for that matter) weren’t so eager to paint every interaction between white males and non whites or non males through the lens of racism, classism, sexism, and any other kind of ism you can think of, this kid wouldn’t right now be making obscene bank.

And if people didn't attribute the reaction of ordinary people on social media to "The Media," we'd be a slightly less stupid country. Every once in awhile something like this incident goes viral for no real apparent reason (when so many similar instances don't) and then regular media sources report on it going viral, which may amplify things but is a long way away from how it always ends up portrayed in the right-wing media.

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20 minutes ago, lemonlime said:

Because he's a spoiled, rich, privileged white guy who has spent months whining about how put upon he is and how unfair the world is to him.

Apparently it's okay if news papers libel people in your world.

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31 minutes ago, workswithseed said:

Apparently it's okay if news papers libel people in your world.

Where was the libel finding?  

Also, the question was why he sucked.  And it's because no one would even remember him if he wasn't still crowing on social media about how put upon he is and how he's using his platform to go after news outlets.  Hell, I don't even know what his name is.  Instead, he's taking his five minutes of fame to extend it to weeks of being a whiny, put upon, entitled asshole.

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Query:  Was Sandmann a trumpkin dickhole before this all started or did it push him that way?  I am aware that he was wearing a MAGA hat, but I'm not sure that means much on a teen.

Also, while I see that Wood is representing a QAnon'er, I don't see anything reliable that indicates that he is a QAnon'er.

This is a pretty good analysis of it that puts it more toward a nuisance settlement.  https://www.msn.com/en-us/news/crime/some-lawyers-think-covington-catholic-s-nick-sandmann-walked-away-from-media-lawsuits-with-peanuts/ar-BB17ff1a

Referring to the "Respectable Lawyer" tweets, which adds some Kentucky defamation law spin.

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