Alexander Semyon Vindman Oh say can you see (né Aleksandr Semyonovich Vindman) Making Ukraine Great Again “MUGA”

Alexander Vindman - MUGA - Making Ukraine Great Again
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Alexander Semyon Vindman (né Aleksandr Semyonovich Vindman) Making Ukraine Great Again

UPDATED with Vindman attorney letter to Fox News demanding a retraction. See it below

MUGA

Alexander Semyon Vindman 🎵 Oh say can you see 🎵( Aleksandr Semyonovich Vindman) and his identical twin brother, Yevgeny, were born to a Jewish family in the Ukrainian Soviet Socialist Republic, Soviet Union. 

It is only natural that the Lt Col is faithful to his homeland, and it is showing. Vindman feels he is far superior to President Trump in dealing with Ukraine and should adhere to the standard protocol, the Vindman Protocol, when dealing with other countries. 

Vindman’s behavior proves him to be arrogant and self-serving. Why does Vindman wear his full dress uniform to the hearing when he normally wears a business suit to the office? Viindman was willing to undermine the elected responsibility of the President to push his own vision of foreign policy. One who demands that a civilian, who knows little to nothing of military insignia, address him as Lt. Colonel, this is the ultimate in arrogance and vanity. A VERY revealing and disgusting personal characteristic, on so many fronts.

Vindman’s combat injury for which he received the purple heart, was riding by a roadside bomb. Not a bullet wound while attacking an enemy installation or anything of that nature, he was driving down the road and a random bomb went off. 

Vindman said he was “deeply troubled” that President Trump might be “subverting” U.S. foreign policy. But he forgot or refuses to acknowledge that the President, no matter who it happens to be, absolutely sets America’s foreign policy. This statement unquestionably discredits his testimony. 

So what is the unusual personal relationship between Vindman original whistle-blower, reported to be Eric Ciaramella? (Ciaramella bio below) What sort of personal relationship would cause Vindman to leak the contents of the Trump Zelensky call? We know that Ciaramella was not legally privy to information on the telephone call between Trump and Zelensky, which has formed the whole expanse and expense of this house investigation. That means that whoever leaked to Ciaramella, was illegally leaking classified information. Perhaps then, Ciaramella decided to be a “whistleblower” and Vindman whistleblower #2. To save their asses from Federal Prison if the poop hits the fan, Title 18 of the U.S. Code, Section 798. This law prohibits the knowing and willful transmittal of specified classified information to an unauthorized person, ….. This means a person is in violation of the law if they knowingly and willfully perform any of the following acts involving confidential information:

  • communicate, furnish, transmit, or otherwise make it available to an unauthorized person; or
  • publish it; or
  • use it in a way that’s either (1) prejudicial to the safety or interest of the U.S., or (2) for the benefit of any foreign government to the detriment of the U.S.

The penalty for this crime is up to 10 years in prison, a large fine, or both.

Alexander Vindman, 🎵 Oh say can you see 🎵 again the probable (illegal) leaker to Ciaramella, decided to go big and has become a central figure in these discussions after he marched up to Capitol Hill, proclaiming himself a patriot, and shared all his deep concerns about Donald Trump. He accused the President of “subverting” U.S. foreign policy, which gives you a window into the perverted minds of some of these bureaucrats that assume it is they who actually run things.

U.S. Army Lt. Col. Jim Hickman reported that Vindman “really talked up” President Barack Obama and ridiculed America and Americans in front of Russian military officers when Hickman worked with him in Grafenwoher, Germany in 2013. Hickman said that he “verbally reprimanded” then-Major Vindman 🎵 Oh say can you see 🎵 after he heard some of his derisive remarks for himself. “Do not let the uniform fool you,” Hickman wrote. “He is a political activist in uniform.”

Mark Geist, a hero who is credited with saving 25 people in the Benghazi terror attack, blasted Vindman as a “disgrace to all who have served” and a “traitor.” 

Navy SEAL and special warfare operator Robert O’Neill — also known as the hero who took out Bin Laden with his SEAL team, blasted Vindman on Tuesday and called him “an operative with an agenda.”

I agree. I wish the left wouldn’t use his uniform to make him a saint. He’s an operative with an agenda.

— Robert J. O’Neill (@mchooyah) November 19, 2019


So who is the pajama boy Eric Ciaramella? Ciaramella worked with a Democratic National Committee operative who dug up dirt on the Trump campaign during the 2016 election, inviting her into the White House for meetings, former White House colleagues said. The operative, Alexandra Chalupa, a Ukrainian-American who supported Hillary Clinton, led an effort to link the Republican campaign to the Russian government. “He knows her. He had her in the White House,” said one former co-worker, who requested anonymity to discuss the sensitive matter.

Documents confirm the DNC opposition researcher attended at least one White House meeting with Ciaramella in November 2015.  She visited the White House with a number of Ukrainian officials lobbying the Obama administration for aid for Ukraine.

(…) A CIA officer specializing in Russia and Ukraine, Ciaramella was detailed over to the National Security Council (NSC) from the agency in the summer of 2015, working under Susan Rice, President Obama’s national security adviser. He also worked closely with the former vice president.

Federal records show that Biden’s office invited Ciaramella to an October 2016 state luncheon the vice president hosted for Italian Prime Minister Matteo Renzi. Other guests included Brennan, as well as then-FBI Director James Comey and then-National Intelligence Director James Clapper.

https://pbs.twimg.com/media/EIzFxlLXsAAlAwk?format=jpg&name=medium

Several U.S. officials told RealClearInvestigations that the invitation that was extended to Ciaramella, a relatively low-level GS-13 federal employee, was unusual and signaled he was politically connected inside the Obama White House.

Former White House officials said Ciaramella worked on Ukrainian policy issues for Biden in 2015 and 2016 when the vice president was President Obama’s “point man” for Ukraine. A Yale graduate, Ciaramella is said to speak Russian and Ukrainian, as well as Arabic. He had been assigned to the NSC by Brennan.

And we all know that John O. Brennan, former CIA Director under Obama, is an avowed Never Trumper

 

Vindman attorney letter,,

BosEs

FLEXNER

November 20, 2019

VIA EMAIL AND FEDEX

Lily Claffee

Executive Vice President and General Counsel
Fox News

The News Corporation Building

1211 Avenue of the Americas

New York, New York 10036

Email: 

Re: Fox News Segment Regarding Lieutenant Colonel Alexander Vindman 

Dear Ms. Claffec:

This Firm represents Lieutenant Colonel Alexander Vindman. Our client has devoted
his life to protecting the freedoms that Americans enjoy. He is a soldier, not a political
activist or a politician. He has sel?essly dedicated his entire professional life to serving the
United States, including for more than 20 years as an active-duty of?cer of the United States
Army. As an infantry of?cer, LTC Vindman served multiple tours overseas, including in
South Korea and Germany, and deployed to Iraq for combat operations. In Iraq, LTC
Vindman was wounded in an IED attack and awarded a Purple Heart. Not once in his twenty?
year career has LTC Vindman sought out the public eye. LTC Vindman came into the public
not because of his actions, but despite them.1

We are compelled to write because of a deeply ?awed and erroneous Fox News
segment (the ?Segment?) that ?rst aired on October 28, 2019, the gist of which has since been
republished countless times, including by the President of the United States to his 66.9 million
Twitter followers. Laura Ingraham reported the Segment during her show, ?The Ingraham

 

1 LTC Vindman has testi?ed on matters concerning his work on the National Security Council as a
result of compulsory legal process?a Congressional subpoena. Ashe has repeatedly made clear before the
House Intelligence Committee, he appeared at his deposition on October 29, 2019, and for his testimony on
November 19, 2019, ?pursuant to a subpoena.? Deposition of TC Alexander S. indman Before the H.
Permanent Select Comm. on Intelligence 14 (Oct. 29, 2019), available at
I6-IG00-D01 l.pdf; see id. at 232.

BOIES SCHILLER FLEXNER LLP

55 Hudson Yards New York. NY 10001 1 212.446.2300 I 212.448.2350
SF

Lily Fu Claffee
November 20, 2019

Angle,?2 along with John Yoo, who was a panelist invited by Fox News to participate in its
coverage of LTC Vindman.

During the Segment, Fox News reported ?breaking news? that LTC Vindman
committed the crime of ?espionage? against the United States on behalf of Ukraine (the
?Allegations?). Espionage is a felony under federal law punishable by death. See 18 U.S.C.
794.3 All of the panelists on the show are prominent lawyers, including Mr. Yoo, a former
Deputy Assistant US. Attorney General and current U.C. Berkeley law professor. When Mr.
Yoo accused LTC Vindman of a felony, he spoke with the gravitas and precision of an expert.

Prior to Fox News? publication of the Segment, LTC Vindman had never in his
decorated 20-year career of service to his country been accused of having dual loyalties or
committing espionage. ox News? report on LTC Vindman sparked a torrent of
republications and copycat false charges. Yesterday, the President of the United States built
on and ampli?ed ox News? falsehoods concerning LTC Vindman in a retweet to his 66.9
million Twitter followers.4 The President?s son personally attacked LTC Vindman?s loyalty

on your network.5

The Segment also created a false factual basis to render sinister otherwise innocuous
facts. With the backdrop of Fox News? false and defamatory reporting that LTC Vindman
committed ?espionage? for Ukraine, yesterday Ms. Ingraham posted on Twitter: ?Why would
Ukraine offer the post of defense minister to a US. gov?t of?cial working in their region?

 

2 The [ngraham Angle, Fox NEWS, (last visited Nov.
14, 2019).

3 13 U.S.C. 794(a) (?Whoever, with intent or reason to believe that it is to be used to the injury of the
United States or to the advantage of a foreign nation, communicates, delivers, or transmits to any foreign
government. . . information relating to the national defense, shall be punished by death . . . 10 U.S.C. 
903a, Art. 103a (de?ning espionage as a violation of the Uniform Military Code of Justice).

4 See Dan Scavino Jr. (@Scavino45), White House Director of Social Media and Assistant to the
President, TWITTER (Nov. 19, 2019, 1:38 PM PST), 
Lt. Col. Vindman was offered the position of Defense Minister for the Ukrainian Government THREE
times! Donald J. Trump (@realDonaldTrump), TWITTER (Nov. 19, 2019),
(retweeting Scavino tweet).

5 The President?s son, Donald Trump Jr., referred to the Segment on Fox News? ?Fox Friends? show
in an interview with Steve Doocy, where he said about LTC Vindman, ?now it turns out he?s you know, talking
to the Ukraine,? and he characterized LTC Vindman as a political activist. John Bowden, Trump Jr. attacks
Vindman: 'Total absolution if you are a le?ist veteran THE HILL (Oct. 30, 2019, 1:36 PM),

leftist. The day a?er the Segment ?rst aired, the President?s personal attorney, Rudy Giuliani, tweeted, US
gov. employee who has reportedly been advising two gov?s? No wonder he is confused and feels pressure.?
Rudy Giuliani (@RudyGiuliani), TWITTER (Oct. 29, 2019, 2:49 PM PST),
1 18925303 5366780928.

2
BSF

Lily Fu Claffee
November 20, 2019

What does that reveal, if anything, about how Ukraine perceived him??6 And last night, ox
News host Tucker Carlson said on air, ?Now we learn that the Ukrainian government
repeatedly asked Vindman to take formal control of the entire Ukrainian military, which, for
the record, is a very strange thing to ask of an active duty American military of?cer.?7

As a result, LTC Vindman and his family have been forced to examine options,
including potentially moving onto a military base, in order to ensure their physical security in
the face of threats rooted in the falsehood that ox News originated.

Fox News boasts that it is the ?most trusted? American TV news brand.8 It is
undoubtedly aware of the enormous in?uence its words have on the minds-wand actions?of
millions of Americans. When Fox News reports, and fails to retract or correct, that a
Lieutenant Colonel in the US Army, a Director on the National Security Council, has
committed espionage, those words cause enormous and foreseeable harm?harm that has, as
the above examples show, already occurred.

While our client does not intend by this letter to discourage reporting concerning him
or critical of him, the Allegations published in the Segment are false and defamatory. Fox
News knew they were false when it published them. The Allegations have injured LTC
Vindman and Fox News is responsible for any third-party republication of them.

We respectfully request that Fox News make any and all corrections to the Segment
based on this letter and take steps to ensure that it does not publish further defamatory
falsehoods concerning LTC Vindman. Fox News has a responsibility to help put out the ?re
it lit when it falsely accused a decorated soldier of disloyalty to his country. LTC Vindman,
who has dedicated his life to defending America out of the public eye, deserves better than to
be falsely attacked when compelled by law and duty to speak the truth.

I. The Allegations in the Segment Were False and Defamatory

On October 28, 2019, the evening before LTC Vindman was scheduled to testify, Fox
News reported that ?a White House national security of?cial, his name is LTC Alexander
Vindman, he?s going to tell impeachment investigators tomorrow, in a statement that?s been

 

6 See Laura Ingraham (@IngrahamAngle), TWITTER (Nov. 19, 2019, 8:36 PM PST),
196829547808927744.

7 Ryan Saavedra (@RealSaavedra), TWITTER (Nov. 20, 2019, 12:42 AM PST),
1 1970273 324787589] 2.

8 Brian Flood, New survey shows 0x News more trusted than CNN, FOX NEWS (Aug. 1,
201 8), 

3
BSF

Lily Fu Claffee
November 20, 2019

distributed to some media outlets, that he twice reported objections over Trump?s call with
Ukraine.?

In her 10 pm. Eastern segment, Fox News host Laura Ingraham summarized a New
York Times article9 on LTC Vindman: ?[B]ecause Col. Vindman emigrated from Ukraine
along with his family when he was a child and is ?uent in Ukrainian and Russian, Ukrainian
of?cials sought advice from him about how to deal with Mr. Giuliani, though they typically
communicated in English.?

Rolling her eyes, Ingraham then remarked in a knowing, exasperated tone, ?Now, wait
a second, John [Yoo]. Here we have a US. national security official who is advising
Ukraine, while working inside the White House, apparently against the President?s interest,
and usually, they spoke in English. Isn ?t that kind of an interesting angle on this story??l0

Mr. Yoo responded and made explicit the plain meaning of Ingraham?s words: ?nd
that astounding, and in?you know, some people might call that espionage.? Ingraham did
not disagree with or correct Mr. Yoo at any time during the remainder of the Segment. Nor
did fellow panelist Alan Dershowitz?until later?dispute the Allegations.

At no point during the Segment did Fox News publish any facts that could reasonably
provide a basis for accusing LTC Vindman of The
viewer was left to understand that Ms. Ingraham, an attorney and former Supreme Court
clerk, and her law professor guest must have had a factual basis for concluding that LTC
Vindman had engaged in espionage against the country he has sworn to protect.?1 They did
not.

 

9 Danny Hakim, Army Of?cer Who Heard Trump ?s Ukraine Call Reported Concerns, NY. TIMES (Oct.
28, 2019), 

1? Ms. Ingraham?s tone left no doubt as to her meaning. See Abbas v. Foreign Policy Grp., LLC, 783
F.3d 1328, 1339 (DC Cir. 2015) question?s wording or tone or context sometimes may be read as
implying the writer?s answer to that question?).

Fellow panelist Alan Dershowitz, a legal scholar steeped in the politics of our times, understood Y00
and Ingraham to have an undisclosed factual basis for their ?eSpionage? allegations. In an article on October 30,
2019, Dershowitz explained his initial silence in the face of the accusations against LTC Vindman by writing,
?At the time, I had never heard of Vindman and didn?t really understand what the other panelist was saying.?
Dershowitz had to undertake his own factual research to learn that the facts conveyed on the Segment were false:
?The next day, I looked up Vindman and found out that he was a great patriot, an American military hero and an
immigrant from the Ukraine. 1 immediately tweeted the following: don?t believe that Vindman is guilty of
espionage or other crimes.? Alan Dershowitz, Vindman is a patriot. Republicans must stop their smears, N.Y.
DAILY NEWS (Oct. 30, 2019, 1:33 PM),
BSF

Lily Fu Claffee
November 20, 2019

Reactions to the Segment quickly con?rmed that it was universally understood to
accuse LTC Vindman of espionage against the United States. The New York Times wrote the
following day, ?One pundit on Fox News went as far as to suggest that Colonel Vindman had
engaged in ?espionage? against the United States, prompting an unusual rebuke from a
Republican member of Congress.?12 That rebuke came from House Republican Conference
Chairwoman Liz Cheney, who called it ?shameful? that some were ?questioning the
patriotism, questioning the dedication to country of people like Mr. Vindman, Lt. Col.
Vindman.?l3 While the Congresswoman did not identify Fox News by name, her statement
was recognized across the political spectrum as referring to the Segment and its false
allegation that LTC Vindman had committed ?espionage.?l4

A participant in the Segment, moreover, con?rmed that the Segment accused LTC
Vindman of espionage. On October 30, 2019, Mr. Dershowitz published an op-ed in the New
York Daily News titled, ?Vindman is a patriot. Republicans must stop their smears?!5 Mr.
Dershowitz wrote, don?t believe that Vindman is guilty of espionage or other crimes.? He
decried ?partisan efforts to weaponize the criminal justice system against political opponents?
and continued, asked Fox to have me on again to express my positive views of 
Vindman]. I will continue to do so at every opportunity.? To our knowledge, Fox News has
not granted Mr. Dershowitz?s request.

Since the Segment ?rst aired on October 28, 2019, ox News? false reporting that
LTC Vindman engaged in ?espionage? has had foreseeably damaging consequences. During
LTC Vindman?s public testimony before Congress on November 19, 2019, members of
Congress asked LTC Vindman questions, following the path set by Fox News, that attempted
to demonstrate that LTC Vindman?s loyalties were divided between the United States and
Ukraine. Certain members of Congress suggested that LTC Vindman?s loyalty lay with
Ukraine by asking about his ability to speak foreign languages and offers that he become the
Ukrainian Minister of Defense?offers which (as LTC Vindman testi?ed) he ?immediately

 

'2 Michael M. Davey Alba, A?er Vindman ?s Testimony Went Public, Right-Wing
Conspiracies Fired Up, NY. TIMES (Oct. 29, 2019), 


?3 Juliegrace Brufke, Liz Cheney condemns attacks on indman ?s patriotism, THE HILL (Oct. 29, 2019,
11:33 AM), 

1" E. Zachary Evans, GOP Rep. Liz Cheney: ?It is Shame?tl to Question the Patriotism of Vindman,
Other Impeachment Witnesses, REVIEW (Oct. 29, 2019, 3:12 PM),

other-impeachment-witnesses; Burgess Everett Melanie Zanona, ?He ?s a patriot Republicans defend key
impeachment witness from attacks, POLITICO (Oct. 29, 2019, 12:03 PM),


?5 Dershowitz, supra note 11.

BSF

Lily Claffee
November 20, 2019

dismissed? and reported up his chain of command.16 That same day, an Assistant to the
President of the United States tweeted from his official White House account, Lt.
Col. Vindman was offered the position of Defense Minister for the Ukrainian Government
THREE times! #ImpeachmentSHAM.?? The President himself retweeted Mr.
Scavino?s tweet to his 66.9 million followers.18

The law requires that any publication alleged to be false and defamatory must be
scrutinized in the context in which it was published, and by taking into consideration all the
words used, and not merely a particular phrase or sentence. v. Simon Schuster,
Inc., 649 825, 829 (N .Y. 1995) court must give the disputed language a fair
reading in the context of the publication as a whole . . . Zimmerman v. Al Jazeera Am,
LLC, 246 F. Supp. 3d 257, 276 (D.D.C. 2017) (?Context is critical because it is in part
the settings of the speech in question that makes their . . . nature apparent, and which helps
determine the way in which the intended audience will receive them?). Similarly, as the
Supreme Court has opined, a publication is false when the ?gist? or ?sting? of the challenged
allegations has a different ?effect on the mind of the reader? than ?the pleaded truth.? Masson
v. New Yorker Magazine, Inc., 501 US. 496, 517 (1991).

Judged by those principles, the Allegations are false and defamatory. The ?gist? or
sting? of the Allegations is that LTC Vindman ?engaged in ?espionage? against the United
States.?19 Espionage is a felony under federal law punishable by death. See 18 U.S.C. 794.
Until ox News published the Segment, Vindman had never been accused of disloyalty, dual
loyalties, or espionage against the United States. There was no factual basis for Fox News?

 

accusation.
II. Fox News Pgblished the False Allegations Knowing or in Reckless Disregard of
Their alsity

There appears to be no dispute that Fox News lacked any factual basis for publishing
the false and defamatory Allegations concerning LTC Vindman.

 

?5 Jon Ward, Army o?icer on Trump phone call said it was his ?duty? to report president, YAHOO NEWS
(Nov. 19, 2019), 
president-161636306.html (?Republicans used that new piece of information [that LTC Vindman had been
offered the position of Minister of Defense] to imply that Vindman?s loyalties were divided between the US.
and Ukraine, a talking point that ?rst originated on Fox News in recent weeks?).

?7 Dan Scavino Ir. (@Scavino45), TWITTER (Nov. 19,2019, 1:38 PM) PST,
196860213233684480.

?8 Donald J. Trump (@realDonaldTrumP), TWITTER (Nov. 19, 2019),
(retweeting Scavino tweet).

?9 Alba, supra note 12.
BSF

Lily Fu Claffee
November 20, 2019

On November 1, 2019, Mr. Yoo published an op?ed in USA Today regarding his
appearance on Fox News several days earlier (the ?Yoo In the Yoo Op-ed, Mr.
Yoo stated, contrary to fact, that didn?t call Alexander Vindman a spy.? But of course, he
did?Mr. Yoo?s statement on Fox News expressly accused LTC Vindman of ?espionage? and
was universally understood to have done 30.21 It is why Mr. Yoo wrote an op-ed seeking to
rewrite recorded fact; it is why he begins his op-ed, really stepped in it this week.? What
Mr. Yoo ?stepped in? was a lie.

Mr. Yoo acknowledges in the Op?ed, have no reason to question Vindman?s
patriotism or loyalty to the United States,? despite plainly having done so in the Segment.
Mr. Yoo wrote, have tremendous respect for a decorated of?cer of the US. Army and a
veteran of the Iraq War,? which demonstrates that Mr. Yoo had a ?high degree of awareness
of [the] probable falsity? of his statements concerning LTC Vindman. Harte-Hanks Comms.,
Inc. v. Connaughton, 491 US. 657, 688 (1989) (citation omitted). There is thus no dispute
that Yoo harbored ?serious doubts? as to the truth of the Allegations when the Segment was
published. Id.; St. Amant v. Thompson, 390 US. 727, 731 (1968) (?Publishing with such
doubts shows reckless disregard for truth or falsity and demonstrates actual malice?).

Mr. Yoo?s argument that he did not intend to accuse LTC Vindman of ?espionage??
that he was accusing the nation of Ukraine instead?is as legally irrelevant as it is factually
incredible. Under the law, what matters is whether a reasonable viewer would have
understood Mr. Yoo?s statements to refer to LTC Vindman. Kirch v. Liberty Media Corp.,
449 F.3d 388, 399 (2d Cir. 2006); Croixland Props. Ltd. ?ship v. Corcoran, 174 .3d 213,
216 (DC. Cir. 1999). As the examples above show, reasonable viewers, including
Republican Congressional leadership,22 understood Mr. Yoo to accuse LTC Vindman of
espionage. The very fact Mr. Yoo wrote an article entitled, ?No, I didn?t call Alexander
Vindman a spy? shows that he knew his statement was understood by reasonable viewers to
have done just that.

 

2? John Yoo, No, I didn call Alexander indman a spy. But Ukraine did engage in espionage, USA
Today (Nov. 1, 2019, 6:00 AM), 
1757002.

2? E. David Brennan, ox News Guest John Yoo Accuses Vindman of ?Espionage ?Ahead of
Testimony to Trump? Ukraine Impeachment Investigators, NEWSWEEK (Oct. 29, 2019, 7:18 AM),

1468355; supra note 14.

22 Everett Zanona, supra note 14.

BSF

Lily Fu Claffee
November 20, 2019

[11. Fox News Shogld Retract and Correct the Falsehoods It Has Spread Against
LT Vindman

At no time since the Segment aired at 10 pm. Eastern on October 28, 2019, has Fox
News retracted or corrected the Allegations despite knowing that they are false. Instead, Fox
News has watched as the false narrative it originated about allegations of dual loyalties?an
accusation that had never before been made against LTC Vindman, a decorated patriot and
veteran?were republished by some of the most powerful people in the world. As such, it is
all the more incumbent on ox News to correct that record.23 But it is not too late for Fox
News to retract and correct the Allegations and help mitigate some of the harm the
Allegations have caused.

LTC Vindman has no interest in silencing the news. He wants, as any responsible
news organization would want, to see the truth published. And Fox News is in a unique
position to correct its falsehoods with truth.

?If there be time to expose through discussion the falsehood and fallacies, to avert the
evil by the processes of education, the remedy to be applied is more speech, not enforced
silence.? Whitney v. California, 274 U.S. 357, 377 (1927) (Brandeis, J. concurring). Justice
Brandeis? words nearly a century ago ring as true today as they did when he wrote them. But
as you know, LTC Vindman?s ability to counter Fox News? false speech with ?more speech?
is limited because of the oaths he has taken and the duties he has to this country.24 Surely ox
News, whose ?Patriot Awards? aired recently to honor ?the patriotic values we hold dear,? is
better than to exploit the honor and sacri?ces of a war hero for an opportunity to advance a
false, politicized, and dangerous narrative.2s

 

23 See Ward, supra note 16 (?Republicans used that new piece of information [that LTC Vindman had
been offered the position of Minister of Defense] to imply that Vindman?s loyalties were divided between the
U.S. and Ukraine, is: talking point that ?rst originated on ox News in recent weeks?).

2? LTC Vindman is limited in his ability to defend himself publicly due to U.S. Army and Department
of Defense restrictions on active military personnel?s ability to speak to the press.

25 Fox News has long claimed to honor members of America?s armed services and criticized other
networks? ?lack of sensitivity when it comes to the brave men and women who serve in the military.? Brian
Flood, NBC infuriates veterans twice in one week as critics point to Peacock Network culture, OX NEWS (Nov.
5, 2018), 
peacock-network-culture.
BSF

Lily Fu Claffee
November 20, 2019

As lawyers, it can be tempting to ask ourselves what the law says we must do. And
the law here is clear: Fox News is liable, including for punitive damages, for the false and
defamatory Allegations it published about LTC Vindman, knowing they were false. But
putting aside legal arguments you may advance about whether Fox News can evade liability
for its misconduct, we ask you to consider what Fox News should do. As the self-described
?most watched, most trusted? news network,26 Fox News has a grave responsibility to the
truth. The Segment was not true. It has now been repeated by some of the most powerful
people in the world. It is causing great pain. We ask you to retract the coverage, correct the
record, and publish the truth.

I look forward to hearing from you. We reserve all rights.

Sincerely,



David Pressman
BOIES SCHILLER FLEXNER LLP

Ambassador David Pressman’s practice focuses on complex international disputes and investigations, transnational and national security-related litigation, and high-stakes crisis management. He regularly represents clients seeking to resolve disputes with foreign governments or mitigate risks related to international trade, sanctions, corruption, and investigations.

 

2" Fox News Channel: Most Watched, Most Trusted, FOX NEWS INSIDER,
(last visited Nov. 14, 2019).

9

 
I wanted to make sure that Mr. Pressman was actually an attorney, as I found 
it hard to believe after reading all this Hyperbole. But low and behold he is 
listed.

Attorney Detail
as of 11/21/2019

Registration Number: 4291548
 
DAVID JASON PRESSMAN
BOIES SCHILLER FLEXNER LLP
55 HUDSON YARDS
NEW YORK, NY 10001-2163
United States
(New York County)
(212) 446-2356
 
E-mail Address: [email protected]
Date Admitted in NY: 01/26/2005
Appellate Division
Department of Admission:
3
Law School: NEW YORK UNIVERSITY
Registration Status: Currently registered
Next Registration: Sep 2021
 
Disciplinary History: No record of public discipline

In response to a challenge by an un-enlightened individual, here is more on Lt. Colonel Andrew Vindman 🎵 Oh say can you see 🎵

As a military officer assigned to the National Security Council, Vindman would have precedent, if not outright permission, to forego his uniform. Like Colin Powell and H.R. McMaster before him, he wears a suit at the White House. Clear direction on what someone in Vindman’s position should wear while testifying before Congress doesn’t exist, military sources said. Attribution pasted below. “There’s nothing in the uniform regulations which addresses this in either way,” said Gary Solis, a former military judge and law professor at Georgetown University. “It’s just a matter of local customs,” In this case, the custom was that Vindman decided what to wear.

“The same reason he wore a uniform before Congress is the same reason he wears a suit in front of his counterparts on the NSC,” Plitsas said. Few in Congress, Democrat or Republican, are likely to question the testimony of a uniformed officer with a Purple Heart, he said.

“In military terms, you might call it an influence op,” said the active-duty Army officer, who has worked in psychological operations. “By wearing the uniform, Vindman pulled the soldier card. ‘Here’s my Combat Infantryman Badge; here’s my Purple Heart; here’s my Ranger Tab.’

And BTW, did you know that John Kerry got three purple hearts but never went to a hospital?

As George Elliott, Kerry’s commanding officer put it, “There were an awful lot of Purple Hearts — from shrapnel, some of those might have been M-40 grenades,” said George Elliott, Kerry’s commanding officer. “The Purple Hearts were coming down in boxes. Kerry, he had three Purple Hearts. None of them took him off duty. Not to belittle it, that was more the rule than the exception.”

‘Pulled the soldier card’: Vindman chose to wear Army uniform for anti-Trump testimony 

You Don’t Need to Question LTC Vindman’s Patriotism to Have a Lot of Questions for LTC Vindman

Another update.

It is NOT REQUIRED.
Wearing a uniform in that environment “gives the appearance that because I’m in uniform, I’m running the agenda,”
H.R. McMaster, who served as Trump’s national security adviser
while a three-star general,
often wore a suit and tie in public appearances
.
Plenty of military have testified out of the uniform.
“Vindman absolutely had a choice, and he ran with it,” one former officer told the Washington Examiner in a news report that suggested it was part of a deliberate “influence op,” as another anonymous officer who worked in psychological operations put it.

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