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Title: Chris Kyle, Author of American Sniper, Was a War Hero. He Was Also A Liar
Source: slate.com
URL Source: http://www.slate.com/articles/news_ ... _lies_about_jesse_ventura.html
Published: Jan 20, 2015
Author: Mark Joseph Stern
Post Date: 2015-02-01 03:21:06 by Pericles
Keywords: None
Views: 32059
Comments: 108

American Liar

Why Jesse Ventura is likely to collect millions from Chris Kyle’s American Sniper.

By Mark Joseph Stern

Chris Kyle, author of the runaway best-seller American Sniper, was a military hero who killed 160 people during his four tours of duty in Iraq and is now the subject of an Oscar-nominated blockbuster. He was also a fabulist. Before his tragic murder in 2013, Kyle told a number of extremely dubious stories. In one tale, Kyle claimed he killed two carjackers at a gas station southwest of Dallas, and that his driver’s license directed local police officers who questioned him to contact the Department of Defense. Kyle also claimed he traveled to post-Katrina New Orleans with a sniper friend, set up his gun atop the Superdome, and picked off dozens of armed looters.

The 160 kills are confirmed by the Pentagon. But there are absolutely no records of, or witnesses to, the latter stories. They are, perhaps intentionally, unverifiable. But it wasn’t these fantastical tales of vigilante justice that got Kyle into legal trouble. It was another, much less exciting story—one that wasn’t just unverifiable, but verifiably false. That tale, conveyed in a mere three pages of American Sniper, has put Kyle’s widow on the hook for $1.845 million in damages. And it may soon make Kyle’s publishers wish they approached the veteran’s claims with great deal of skepticism.

Kyle’s legal difficulties emerged from a subchapter of American Sniper titled “Punching Out Scruff Face.” In it, Kyle describes beating up a former Navy SEAL (“Scruff Face”) after the SEAL claims American soldiers deserved to die in Iraq. Early drafts of the book identified the SEAL as Jesse Ventura, former governor of Minnesota and famed professional wrestler, but Kyle’s publishers removed the name for fear of a lawsuit. Nonetheless, in a radio interview following the book’s release, Kyle admitted that “Scruff Face” was Ventura, and he repeated the claim soon after on The O’Reilly Factor. American Sniper shot to the top of Amazon’s best-seller list, becoming a smash hit for its publisher, HarperCollins, selling more than 1.5 million copies by July of 2014.

There was, however, a problem: The Ventura story wasn’t true, and Ventura meant to prove it. So he took Kyle to trial, suing him—and, after he died, his estate—for defamation and unjust enrichment. In the United States, defamation cases are extremely difficult to win, thanks to the First Amendment. When allegedly defamatory statements pertain to a public figure, the plaintiff mustn’t just prove those statements were false. He has to prove the defendant made those statements with “actual malice”—that is, knowledge that they were false or with “reckless disregard” for their falsity. Very few defamation plaintiffs can make it over the high bar of actual malice.

Ventura made it. On July 29, 2014, a federal jury returned from six days of deliberations to award Ventura $1.845 million in damages—specifically, $500,000 for defamation and about $1.345 million for unjust enrichment. (In other words, Kyle unjustly profited from defaming Ventura, and so his estate must give Ventura some of that money.) Kyle’s widow, Taya Kyle, promptly filed for “judgment as a matter of law,” asking the trial judge to reverse’s the jury’s verdict because the jury clearly got it wrong. Failing that, she asked for an entirely new trial. The judge denied both requests, defending the jury’s verdict as legally and factually justifiable. Kyle’s widow is currently appealing the decision; her odds of winning appear quite low.

...snip...

This suit is the second of Ventura’s one-two punch, and from here, it looks like a knockout. During the first trial, Ventura’s attorneys uncovered records of HarperCollins’ negligence in fact-checking Kyle’s book, as well as evidence that HarperCollins specifically touted the Ventura story to drum up publicity. Kyle’s ghostwriters spoke with only one person who claimed to have witnessed the fight, a friend of Kyle’s who told a different version of the story that lacked Ventura’s offensive remarks. No one from HarperCollins contacted Ventura or his representatives to verify the story. And though Kyle claimed Ventura appeared at a SEAL graduation afterward with a black eye—where “everybody was laughing” and asking “Who beat the shit out of him?”—HarperCollins never asked a member of the graduating class whether they saw Ventura’s injury. (A photograph from the event shows a clear image of Ventura—with no black eye.)

It gets worse for HarperCollins. Despite the tenuous source of the Ventura story, HarperCollins quickly saw it as a publicity gold mine. After Kyle identified “Scruff Face” as Ventura in a radio interview on The Opie & Anthony Show, HarperCollins editor Peter Hubbard wrote in an email that the publicity from the story was “priceless.” HarperCollins publicist Sharon Rosenblum described the Ventura kerfuffle as “hot hot hot,” immediately arranging for Kyle to retell the tale on The O’Reilly Factor. Sales of American Sniper—which, up to that point, were fairly modest—spiked dramatically, apparently in conjunction with interest in the Ventura story. After the O’Reilly appearance, Ventura publicly denied Kyle’s accusations. Yet Rosenblum arranged for Kyle to tell the story again on The Opie & Anthony Show, and HarperCollins printed several new editions of the book that still featured the “Scruff Face” section. (It was finally removed after Ventura won his suit.)

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Begin Trace Mode for Comment # 37.

#1. To: All (#0)

Don’t pity the publishers too much, though. In the midst of this legal drama, the movie adaption of American Sniper has shattered box office records and brought in well over $100 million. HarperCollins is sure to make a killing off royalties from the film, and off sales from the new movie tie-in edition of American Sniper. Even if Ventura wins millions in his second lawsuit, the publishing house may well walk away from this debacle with a healthy profit remaining, just as Kyle’s widow will do. The moral of Kyle’s story, then: It pays to lie.

Pericles  posted on  2015-02-01   3:22:17 ET  Reply   Untrace   Trace   Private Reply  


#2. To: Pericles (#1)

It pays to lie.

As Jesse has repeatedly proven.

Otter  posted on  2015-02-01   3:24:24 ET  Reply   Untrace   Trace   Private Reply  


#4. To: Otter (#2)

It pays to lie.

As Jesse has repeatedly proven.

Yes, Kyle lied and Jesse got the court to have Kyle's estate pay him almost $2 million dollars.

Pericles  posted on  2015-02-01   3:27:47 ET  Reply   Untrace   Trace   Private Reply  


#6. To: Pericles (#4) (Edited)

Jesse lied to become rich so he is respected by people who are conspiracy whackos, lefties and expats.

Otter  posted on  2015-02-01   3:41:38 ET  Reply   Untrace   Trace   Private Reply  


#7. To: Otter (#6) (Edited)

And Ventura was respected and believed enough by a jury and judge who awarded him $2 million of Kyle's money because Kyle libeled him. Meanwhile, that braintrust Kyle thought bringing a vet with PTSD to a shooting range was good therapy. God or Darwin passed judgement.

Pericles  posted on  2015-02-01   3:49:58 ET  Reply   Untrace   Trace   Private Reply  


#27. To: Pericles (#7)

Kyle wasn't cross examined.

I used to give Ventura a little respect as I didn't agree with him much but he made a few points.

I think Kyle kicked his ass.

A K A Stone  posted on  2015-02-01   8:10:15 ET  Reply   Untrace   Trace   Private Reply  


#34. To: A K A Stone, Pericles (#27)

Jesse Ventura was awarded $500,000 on his defamation claim. He was awarded $1,345,477.25 on his unjust enrichment claim. When Chris Kyle died, the executor of his estate was substituted as the defendant. That was his wife. The district court reviewed the earlier proceedings in the document below before denying the estate's motion for judgment as a matter of law or a new trial. Defendant's appeal is pending before the 8th Circuit Court of Appeals. Publisher Harper Collins said it would remove the offending "Scruff Face" content from future editions of the book.

http://www.gpo.gov/fdsys/pkg/USCOURTS-mnd-0_12-cv-00472/pdf/USCOURTS-mnd-0_12-cv-00472-2.pdf

CASE 0:12-cv-00472-RHK-JJK Document 415 Filed 11/26/14 Page 1 of 24

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

Civ. No. 12-472 (RHK/JJK)
Plaintiff,

MEMORANDUM OPINION AND ORDER

Jesse Ventura a/k/a James G. Janos,
Plaintiff
v.
Taya Kyle, as Executor of the Estate of Chris Kyle,
Defendant.

David Bradley Olsen, Court J. Anderson, John N. Bisanz, Jr., Henson & Efron, P.A., Minneapolis, Minnesota, for Plaintiff.

John P. Borger, Leita Walker, Charles F. Webber, Amy M. Gernon, Holly A. Miller, Faegre Baker Daniels LLP, Minneapolis, Minnesota, for Defendant.

This matter is before the Court on Defendant’s Motion for Judgment as a Matter of Law or New Trial (Doc. No. 404). For the reasons that follow, the Motion will be denied.

BACKGROUND

Plaintiff is a well-known former wrestler, actor, and Governor of Minnesota, who served as a member of the Navy Special Forces Underwater Demolition/SEAL Teams during the Vietnam War. Chris Kyle was a Navy SEAL sniper and author of an autobiography entitled American Sniper, the Autobiography of the Most Lethal Sniper in U.S. Military History (hereafter, “American Sniper”). The book, which was released

- - -

CASE 0:12-cv-00472-RHK-JJK Document 415 Filed 11/26/14 Page 2 of 24

January 3, 2012, reached number one on the New York Times’ Bestseller list by January 29, 2012, and in June 2012, Warner Brothers purchased the rights to a film adaptation.

In American Sniper, Kyle wrote a subchapter captioned “Punching Out Scruff Face” about an alleged altercation with Plaintiff. According to Kyle, the encounter took place at McP’s, a bar in Coronado, California, on October 12, 2006, during a wake for Kyle’s comrade, Mike Monsoor, who was killed in the line of duty. The subchapter reads as follows:

AFTER THE FUNERAL WE WENT TO A LOCAL BAR FOR THE WAKE proper.

As always, there were a bunch of different things going on at our favorite nightspot, including a small party for some older SEAL’s and UDT members who were celebrating the anniversary of their graduation. Among them was a celebrity I’ll call Scruff Face.

Scruff served in the military; most people seem to believe he was a SEAL. As far as I know, he was in the service during the Vietnam conflict but not actually in the war.

I was sitting there with Ryan and told him that Scruff was holding court with some of his buddies.

“I’d really like to meet him,” Ryan said.

“Sure.” I got up and went over to Scruff and introduced myself.

“Mr. Scruff Face, I have a young SEAL over here who’s just come back from Iraq. He’s been injured but he’d really like to meet you.”

Well, Scruff kind of blew us off. Still, Ryan really wanted to meet him, so I brought him over. Scruff acted like he couldn’t be bothered.

All right.

We went back over to our side of the bar and had a few more drinks. In the meantime, Scruff started running his mouth about the war and everything and anything he could connect to it. President Bush was an asshole. We were only over there because Bush wanted to show up his father. We were doing the wrong thing, killing men and women and children and murdering.

And on and on. Scruff said he hates America and that’s why he moved to Baja California. 9/11 was a conspiracy.

And on and on some more.

The guys were getting upset. Finally, I went over and tried to get him to cool it.

- - -

CASE 0:12-cv-00472-RHK-JJK Document 415 Filed 11/26/14 Page 3 of 24

“We’re all here in mourning,” I told him. “Can you just cool it? Keep it down.”

“You deserve to lose a few,” he told me. Then he bowed up as if to belt me.

I was uncharacteristically level-headed at that moment.

“Look,” I told him, “why don’t we just step away from each other and go on our way?”

Scruff bowed up again. This time he swung.

Being level-headed and calm can last only so long. I laid him out.

Tables flew. Stuff happened. Scruff Face ended up on the floor.

I left.

Quickly.

I have no way of knowing for sure, but rumor has it he showed up at the BUD/S graduation with a black eye.

While not naming Plaintiff in print, Kyle confirmed in television, radio, and print interviews that “Scruff Face” was Plaintiff. In early January 2012, Kyle appeared on the Opie & Anthony Show, a talk-radio program, and the O’Reilly Factor, a talk show, retelling the above-quoted story about Plaintiff and repeating his alleged statement, “You deserve to lose a few guys.” The story also appeared on FOX News.

Plaintiff commenced the instant action against Kyle in February 2012, asserting claims of defamation, misappropriation, and unjust enrichment. Kyle moved for partial summary judgment in the fall of 2012, but his Motion was denied. In February 2013, Kyle was killed by a fellow veteran, against whom criminal charges are currently pending in Texas. His wife was appointed executrix of his estate and substituted as the Defendant in this action in July 2013. She, too, moved for summary judgment at the conclusion of discovery, but her Motion also was denied.

The case then proceeded to a jury trial in July 2014 on the three claims asserted in the Complaint. As the unjust-enrichment claim was an equitable one, the Court employed the jury in an advisory capacity only as to that claim. See Fed. R. Civ. P.

- - -

CASE 0:12-cv-00472-RHK-JJK Document 415 Filed 11/26/14 Page 4 of 24

39(c)(1). The jury delivered a split verdict on the first two claims, finding for Plaintiff on the defamation claim (and awarding him $500,000 in damages) and for Defendant on the misappropriation claim. The jury also found in Plaintiff’s favor on the unjust-enrichment claim and assessed $1,345,477.25 in damages. The Court later adopted the jury’s verdict on the unjust-enrichment claim as its own. (See Doc. No. 391.)

Defendant now argues she is entitled to judgment as a matter of law, or alternatively a new trial, on the defamation and unjust-enrichment claims. Her contentions are addressed in turn below.

ANALYSIS

[snip]

The following provides an insight to the thoughts of the jury.

http://www.startribune.com/local/269697941.html

Aug. 3: Juror describes how jury reached split decision in Jesse Ventura defamation trial

Article by: RANDY FURST , Star Tribune
Updated: September 4, 2014 - 4:56 PM

Key defense evidence may have shifted opinions the other way.

[excerpt]

Jurors had to decide the validity of the account, including the comments attributed to Ventura, that the United States was “killing men, women and children and murdering” in Iraq, that he “hates America” and that SEALS “deserve to lose a few.”

While the former governor has made “outrageous” statements in the past, the juror could not believe the former governor would talk like that “at a wake for a fallen Navy SEAL.” Said the juror, “It might have been something along those lines or misinterpreted. It was hard for me to believe that you ‘deserve to lose a few’ is a direct quote.”

The juror also found it compelling that the photos of Ventura taken in the days after the alleged barroom incident showed no bruises.

Kyle, the juror pointed out, was over 6 feet tall, weighed 200 pounds and was in excellent condition, and the idea that he could punch Ventura and not leave a facial mark was difficult to grasp.

If Ventura produced verified and time relevant photos of himself without bruising, I would find his evidence persuasive. Blood thinners cause one to exhibit bruises after very little bumping or hitting because it inhibits the clotting process.

https://www.popehat.com/2014/07/29/jury-finds-jesse-venturas-reputation-susceptible-to-harm/#comment-1246984

nerdbert
August 5, 2014 at 7:53 pm

There are some of the pictures of Ventura that the jury saw here:
http://kstp.com/news/stories/S3524889.shtml?cat=1

They clearly show no injuries on Ventura's face, which is probably the deciding factor in whom the jury believed. Ventura's an ass and loud-mouthed idiot, but I'm afraid I agree with the jury that Kyle's story is less than believable.

As a general matter, I was doubtful when Kyle claimed Ventura said, among a bunch of SEALs, “You deserve to lose a few.” That just seems out of character coming from the mouth of any SEAL/UDT member at any time.

Snopes.com has a file on the three mentioned claims of Chirs Kyle; the alleged altercation with Jesse Ventura, the alleged shooting from the Superdome, and the alleged hijacking incident.

http://www.snopes.com/politics/military/kyleclaims.asp

Kyle File

Claim: American Sniper subject Chris Kyle shot dozens of looters after Hurricane Katrina, killed two attempted carjackers, and punched Jesse Ventura in the face.

MOSTLY FALSE.

[snip]

- - -

Kyle's widow claimed they planned to so donate. Had they done so, there would have been little estate for Ventura to claim over $1M from.

http://www.hlntv.com/article/2015/01/26/chris-kyle-american-sniper-facts

7. Speaking of which... Despite frequent claims that "American Sniper" book proceeds would go to help families of U.S. service members, trial testimony revealed almost all of it went to the Kyles. KTVT reported Taya Kyle cried frequently while testifying that gift-tax restrictions prevented them from donating more than $100,000 of the more than $3 million the book earned in royalties.

nolu chan  posted on  2015-02-02   1:44:01 ET  Reply   Untrace   Trace   Private Reply  


#35. To: nolu chan, Pericles (#34)

7. Speaking of which... Despite frequent claims that "American Sniper" book proceeds would go to help families of U.S. service members, trial testimony revealed almost all of it went to the Kyles. KTVT reported Taya Kyle cried frequently while testifying that gift-tax restrictions prevented them from donating more than $100,000 of the more than $3 million the book earned in royalties.

Which is why I said earlier that I would have to see proof that "all proceeds went to charity".

People hear that and just stop asking questions apparently. Which is why these SEAL profiteers and their publishers and agents use this tactic.

While not naming Plaintiff in print, Kyle confirmed in television, radio, and print interviews that “Scruff Face” was Plaintiff. In early January 2012, Kyle appeared on the Opie & Anthony Show, a talk-radio program, and the O’Reilly Factor, a talk show, retelling the above-quoted story about Plaintiff and repeating his alleged statement, “You deserve to lose a few guys.” The story also appeared on FOX News.

Kyle's book was floundering. No one was interested. So he ginned up some libels against Ventura, a few lies about killing two guys at a gas station, and his obvious lies about joining up with a SEAL buddy to snipe armed looters in NOLA during Katrina. And Fox News played a major role in promoting Kyle and his lies about Ventura. There is a reason for all this free book advertising. They are all Murdoch-owned.

News Corp

  • 22 TV Stations including Los Angeles, Chicago, Dallas, Washington DC, Minneapolis, Houston, Orlando, Phoenix and 2 in New York.
  • Outlets include Fox Broadcasting, Fox News, Fox Kids, Fox Sports, Health Network, FX, National Geographic, TV Guide Channel, Gold Channel.
  • Radio properties include Fox Sports Radio.
  • Newspapers and Magazines include the New York Post, TV Guide, The Weekly Standard.
  • Publishers include Harper Collins, Regan Books, Amistad Books, William Morrow & Co., News America Marketing.
  • Music studios include Festival Records, Mushroom Records.
  • Properties include the Los Angeles Dodgers, Los Angeles Kings, Los Angeles Lakers, New York Knicks, New York Rangers.

And William Morrow was the publisher of American Sniper.

It's a Murdoch tabloid-style scam, start to finish.

The marketing plan seems to have been to attract attention from a largely uninterested public. So Willam Morrow, Kyle's agent, and Murdoch's FNC all worked in tandem to promote the libels against Ventura, just to gin up controversy about it.

The Left predictably fell for this strategy and created more controversy on Twitter/Facebook. And a movie destined for obscurity becomes a hit due solely to the controversy.

We should never forget that Murdoch's real background is his expertise in yellow journalism and tabloids. And using his broad media empire to the full extent. He operates this way internationally, not just in the States.

Tooconservative  posted on  2015-02-02   5:25:33 ET  Reply   Untrace   Trace   Private Reply  


#37. To: TooConservative (#35)

Again, I think Kyle is being used by the FOX group for money and also for the politics of the whole Iraq war. Even now you have people on here defending the war and even claiming Saddam still had WMD! I mean that floors me. They old "smuggled into Syria" fantasy is alive and well. Bush himself stating there were no WMD is just ignored or rationalized.

Is it because they can't admit being wrong? That they can't admit they were fooled by the people they were defending on the websites?

Pericles  posted on  2015-02-02   10:30:30 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 37.

#38. To: Pericles (#37)

They old "smuggled into Syria" fantasy is alive and well. Bush himself stating there were no WMD is just ignored or rationalized.

Yeah, deep denial.

We shouldn't be so surprised. People irrationally reject such blatant contradictions on many topics. Bush and Cheney could slap them in the face viciously and yell "There was no WMD and Saddam didn't attack us on 9/11". And they would still mumble these same denials. And there is a likely explanation.

As with the Obama voters in 2012 who should have turned on him because he is such a lousy ineffective and lawless president, there is such a thing as avoidance of buyer's remorse. And people who got sold on the Iraq invasion in that way are often working from guilt over supporting that doomed effort which had such a tragic ending for many young American soldiers who were killed or horribly maimed for life. So, to avoid acknowledging their own complicity and foolishness in being stampeded by Bush and the neocons, they flee into these fantasies and deep denial over the Iraq invasion and the WMD and 9/11. To do otherwise would be to admit their own responsibility for those wrecked and destroyed soldiers as well as the vast disaster that has unfolded across the Mideast as a result of regime change policy and its newer cousin, Arab Spring.

Well, it is an explanation of sorts, eh? I guess I should have just said that people often refuse to admit they were wrong, even to themselves and even if they do know the truth and just prefer to lie to others and to themselves.

Tooconservative  posted on  2015-02-02 10:53:06 ET  Reply   Untrace   Trace   Private Reply  


End Trace Mode for Comment # 37.

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