Prediction: J-Fred will remain as Chairman

So we are just a few days out from the J-Fred fiasco on April 4. From the few people that have indicated their agreement with the letter of condemnation, and the few that have expressed opposition, one things is clear:

The folks who "signed" on to the letter calling for J-Fred's ouster for the most part did not see or even fully understand the contents of the charges. Many of these people will be faced with the suggestion that they agreed with accusations, that they did not actually believe. The folks who shopped the concept of removing J-Fred did not properly shop the letter. Some SCC members will not want to be associated with the direct accusations, and only agreed to ouster based on a general feeling that they wanted someone else. Further, these folks may have never wanted it to come down to a forced vote, they may not have minded threats, or even scheduling the vote, but essentially they do not want their bluff called.

J-Fred appears to be calling their bluff. I don't think the SCC has the votes to oust J-Fred. J-Fred will not resign.

We will have a chairman that neither has the support of a clear majority of the grassroots, or elected officials, nor does he have the general credibility to be the public face of the party.

J-Fred's brand has been trashed, remaining in his position will leave an open wound all election cycle. Those who support ouster should have thought about how to deal with all these contingencies.

Scorched Earth is the order of the day. Republicans in Virginia will have temporary leaders in three statewide candidates, and then chaos in December.

Pat Edmonson's misguided lawsuit

First let me make it clear that that the insulting language about Pat Edmonson is deplorable, and civil or criminal action against the perpetrator should be explored. The problem is P.E. appears to have filed a lawsuit that doesn't make any sense.

According to the Virginia Pilot
http://hamptonroads.com/2009/03/blogger-launches-attack-candidate-lt-governor

P.E. has filed a lawsuit against google inc. to stop allegedly defamatory comments.

The problems with this lawsuit are many:

First the lawsuit has not been brought against the perpetrator, but against Google, Inc. itself, the hosting service for the perpetrator. Hosts are immune from liability for defamation under federal law, as the Congress in a brief moment of logical thinking passed a law protecting operators of blogs and web hosting services from being liable for the defamation of others who comment on or use their services.

Second Google Inc.'s information about the perpetrator could only be obtained in the discovery process, a lawsuit to obtain information through discovery but not to seek final judgment is generally sanctionable.

Third, as the matter is in the general district court there is no discovery to be had as discovery is prohibited in the GDC. (subpoena power is still possible)

Fourth the GDC can not grant an injunction against defamatory statements as it exceeds the jurisdiction of the court.

The lawsuit appears to have been filed with no attorney, but service is being sought and google inc. will be expected to have counsel present on April 28.

P.E. has stepped into a mine field if she intends to push this lawsuit beyond the return date. If this is a publicity stunt, she does have some time to drop the matter before it goes too far.

I hope she consults an attorney and does the right thing. She will likely identify the perpetrator and rid the Commonwealth of his deplorable commentatry faster if she simply goes to the authorities.