Update (October 18, 2013): Motion Hearing held on 10/16/2013 re Motion for Sanctions for Failure to Respond Fully to Order for Production of Military Records filed by Taya Kyle. Motion to Compel and for Sanctions filed by Jesse Ventura. Plaintiffs Motion to Compel and for Sanctions denied; and defendant’s Motion for Sanctions for Failure to Respond Fully to Order for Production of Military Records denied.
Original Post (October 15, 2013): How can one defame a widely known public buffoon? It is possible, actually. No, really. One could, for example, conjure up and disseminate a story of the buffoon’s moral, patriotic, and physical weaknesses — attacking some of the few virtues for which some widely known public buffoons actually have gotten fairly widespread credit.
But, assuming such a buffoon was not accurately portrayed and was the subject of false and damaging misinformation, how would a widely known public buffoon vindicate his rights if he were defamed? That could be difficult.
Cut to a motion to compel by Defendant Kyle in the case of Jesse Ventura v. Estate of Chris Kyle (the chain match was covered by Minnesota Litigator previously here) over Ventura’s military records (or, more accurately, his lack of them?). You cannot be ordered to produce what you do not have, right?
We might argue whether this case involves a buffoon (or two, or more?), but it is certainly very hotly contested. Could it be a farce headed for trial?