Constant's pations

If it's more than 30 minutes old, it's not news. It's a blog.

Wednesday, October 20, 2004

Michael Moore showcases damaging O'Reilly book

in re Mackris v. O'Reilly

Al Franken learned while vacationing in Italy that the O'Reilly Factor can prove to be a lucrative goldmine -- O'Reilly's failed lawsuit was the needed boost to launch Franken's "Lying Liars" into the best seller's orbit.

Bill O'Reilly can add Michael Moore to his list of fans. It's no spin: Moore shared details of the book "O'Reilly factor for kids,"Ref.

On page 76 of O'Reilly's book, according to Moore, O'Reilly reportedly provides angelic caution to young teen women, yet the Mackris complaint alleges a far darker side to O'Reilly.

Although never directly mentioning the Mackris sexual complaint allegations against O'Reilly, Moore's spotlight invariably highlighted some of the most damaging allegations in the complaint.

Mackris alleges that O'Reilly discussed alcohol at 77; yet Moore points out again on page 76 of O'Reilly's book that O'Reilly advised young girls to beware of guys who are drunk who will tell you anything.

Indeed it is O'Reilly who allegedly told Mackris "not to think about the consequences," [at 34], recounted his adventures [at 42, red], and how he allegedly discussing the wild mix between alcohol and the Caribbean islands [at 77, red], whereupon defendant O'Reilly [at 85] allegedly stated he would make this all happen, implying seduction, alcohol, and other acts.

Mind you these revelations come in the wake of Roseanne Bar reportedly joking that O'Reilly wanted to allegedly do "stem cell research" with the alleged-target-Mackris; Moore joked over the value of a radio-talk-show-host-turned-phone-sex-operator who would breath to lonely callers, "Shut up, I'll be right back."

Award-winning Moore highlighted text in O'Reilly's book which contrasted with Mackris' allegations -- if true, raise reasonable doubts about O'Reilly's credibility and further undermine his standing as a public figure.

O'Reilly's own book could prove damaging in Mackris' lawsuit: Allegedly publicly asserting one standard, yet privately acting in an allegedly harassing or irresponsible manner.

It remains to be seen whether the O'Reilly book references reportedly on page 76 become the needed foundation to impeach O'Reilly during his own civil litigation.

It is not unknown to contrast a defendants reputation with actions to destroy their credibility -- Department of Justice attorneys used a similar tactic when seeking to discredit Microsoft.

In re Microsoft, DoJ successfully got witnesses on the stand to assert to the truth/veracity of the representations on video tape. Ref

After building a large foundation to firmly root witness' credibility, counsel for the government promptly destroyed this foundation to bits when DoJ showed the introduced videotape had been spliced. An aghast courtroom was left with no other conclusion that the Microsoft assertions were implausible. Ref.

We shall not speculate whether FOX officials have contrasted Mackris' allegations with O'Reilly's book, nor whether O'Reilly's publisher plans to withdraw the book. Quite likely, nothing of the sorts will occur and O'Reilly will reap the rewards of Moore's accolades.

In light of the Mackris allegations, perhaps O'Reilly can explain the curious comments in his book for kids. He will have his chance not only in the courtroom, but perhaps in another book deal.

O'Reilly reminds us in his book for kids the "sex thing" can change ones mind on who gets dropped and who is the loser in a relationship.

We await the informed court option.

More Moore blogged.