Gerald Posner Threatens to Sue Miami ?New Times? with the Help of ? Mark Lane?

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By: E&P Staff

Attorney and author Mark Lane, noted for his New York Times bestseller “Rush to Judgment” about the assassination of President Kennedy, has been retained by investigative journalist Gerald Posner, also a noted best-selling author of “Case Closed,” on the same subject.

Posner, who is also an attorney, has retained Lane to prepare a lawsuit against the Miami New Times for accusations about his journalism and interfering with his career as an author, according to a letter from Lane to Chuck Strouse, editor of the Miami New Times, regarding recent stories in his newspaper allegedly attacking Posner. 

What makes the combination of Lane and Posner noteworthy is that Lane’s book, “Rush to Judgment” on the JFK assassination was the first to criticize the Warren Commission Report’s conclusion that Lee Harvey Oswald was the lone assassin and Posner’s book, “Case Closed,” supported the Warren Commission’s conclusion that Oswald was guilty.

In Lane’s letter to Strouse, he stated, “I have consistently opposed bullies even when they attack colleagues with whom I disagree. That should be appreciated for that is one case that remains closed.”

Posner offered his explanation for hiring Lane to defend against allegations about his work: “Although I’m convinced Lee Harvey Oswald assassinated President Kennedy, I’ve always believed that had Mark Lane represented Oswald, he would have won an acquittal. That’s why Mark Lane was the obvious choice as my own attorney.”

Lane’s letter to editor Strouse continues, “Let us examine the facts. As soon as the first accusations were made about him as an investigative reporter, Mr. Posner admitted his errors, apologized and resigned from his position. As further allegations were made about a book he had written, he promised to correct all errors, apologized again, conducted his own diligent review and promised to correct all transgressions. Now, an apparently well-financed campaign is being launched to review other books previously written and to contact a publisher with a thinly veiled suggestion that his book be withdrawn from publication, even before Mr. Posner was given the opportunity to make called-for revisions. Clearly, apologies and efforts to correct errors do not absolve authors from responsibility and it is appropriate to point that out. However, the goal of responsible journalists cannot be the destruction of a career. And long drawn out death by a thousand cuts is inappropriate and, in my view, unsupportable.

“Mr. Posner is prepared to file a complaint and seek immediate discovery as to the basis and support for the campaign to destroy his opportunity to work in his profession,” Lane’s letter adds. “Our country needs muckraking journalists who can recognize muck worth raking when they see it.”

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