Word: westmorelands
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...Westmoreland contends that there was neither conspiracy nor deceit regarding the estimates. Washington officials, he insists, were well aware of a debate between the CIA and military analysts over whether the enemy's "irregular self-defense" supporters should be included in the figures. The defeats suffered by North Viet Nam during the Tet offensive of early 1968, Westmoreland claims, vindicate his command's method of reporting enemy strength. In an internal investigation six months later, conducted after TV Guide had published a cover story on the show titled "Anatomy of a Smear," a CBS official concluded that...
...outcome of the case could go a long way toward deciding whether public figures can ever recover for libel. If Westmoreland wins, the victory will spur other public figures to sue. The press could be so deluged that the First Amendment freedom would mean little. If Westmoreland loses, many public officials may conclude that they have no recourse against an unbridled press...
...Westmoreland's case is being handled by Dan Burt of the Capital Legal Foundation, which finances its activities through donations from major conservative foundations. CBS is being represented by David Boies, a partner in the prestigious New York City law firm of Cravath, Swaine & Moore. Both sides have spent more than $5 million preparing for the trial. Together they have examined more than 200,000 pages of Government documents, reviewed more than 50,000 pages of CBS's notes and files, and deposed more than 50 witnesses (Westmoreland's testimony encompasses 2,000 pages, and Reporter Mike...
Last month Judge Leval rejected CBS's plea for total immunity and sent the case to the jury. Leval agreed that Westmoreland could not prove recklessness by CBS, since 60 Minutes had interviewed so many people. But the judge ruled that if, as Westmoreland claims, CBS edited tapes to twist quotes out of context and ignored facts that conflicted with its conclusions, then CBS could be held liable for knowing disregard of the truth...
...pretrial conference late last week, Burt told Judge Leval that Westmoreland planned to narrow his suit "to make the trial measurably easier." Burt said he will focus primarily on refuting what he claims is CBS's implication that Johnson and the Joint Chiefs had been willfully deceived by the reporting from Viet Nam; Burt then dropped the charge that CBS had libeled Westmoreland by accusing the general of misleading Congress and the public. Boies said that the move showed "the case is beginning to unravel." The trial, which may last as long as four months, is nevertheless expected...