Attorneys representing former Alaska governor Sarah Palin have written to Crown Publishing, a division of Random House, serving notice of possible litigation for defamation in connection with Joe McGinniss’s recent anti-Palin biography, and warning the company not to delete or destroy relevant documents.
The letter reads, in part:
Enclosed is an e-mail by your author Joe McGinniss. In this e-mail, Mr. McGinniss admits that your own lawyers instructed him that “nothing I can cite other than my own reporting rises above the level of tawdry gossip.”….Indeed, Mr. McGinniss admits that the allegations are false unless he can find someone or something to show they are true. We know from the final book that he was unable to do so.
It is malicious for your company to publish a book wherein it, and the author, admit that they were fully aware the statements in the book were false, intended to be false, and were intended to harm…
Accordingly, since both your company, and the author, clearly knew the statements were false, admitted they had no basis in fact or reality, but decided to publish in order to harm Governor Palin’s family, you and Mr. McGinniss have defamed the Palins. This letter shall serve as written notice under AS.09.30.070 (b) that a claim may be brought against you, your company and Mr. McGinniss for knowingly publishing false statements.
In the interim, please take note of the following: It is unlawful to delete emails or destroy records upon being notified of the need of business records for litigation purposes. In addition, courts may impose civil sanctions against a defendant that destroys emails and other documentation. Please immediately provide notice to your employees to save and back up all records pertaining to the Palins and the book “The Rogue.”…
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