Dave Letterman, Sexual God

[Admiral Yi]

Read an interesting article on the history of blackmail in the NYT.  First point they made is that it's a modern crime.  Prior to the 19th century aristocrats cared less if everyone knew they were banging their servants.  Second point they made is that is that the only difference between blackmail and a settlement with a nondisclosure agreement is good lawyering.

[dps]

Lawtalkers, how effective will this defense be??

It's kind of like saying that stealing $2million is OK, 'cause you stole it from drug dealers.

As to how effective it'll be, it depends on how stupid a jury they get.

[HisMajestyBOB]

Lawtalkers, how effective will this defense be??

I believe that falls under the "two wrongs don't make a right" decision reach in Parents v. Children.

[KRonn]

That's a lousy defense Halderman's lawyer came up with. The allegations of extortion/blackmail are separate from anything Letterman may or may not have done. Looks like the lawyer is going for some kind of slant to a whistle blower defense for his client, like Halderman was a kind of whistle blower to out Letterman's actions. What ever the idea, Halderman is screwed if that's his lawyer's method of defense.

[Malthus]

Read an interesting article on the history of blackmail in the NYT.  First point they made is that it's a modern crime.  Prior to the 19th century aristocrats cared less if everyone knew they were banging their servants.  Second point they made is that is that the only difference between blackmail and a settlement with a nondisclosure agreement is good lawyering.

Blackmail of this sort certainly existed in the very early 19th century. A famous example was the attempted blackmail of the Duke of Wellington and others, by a courtesan who wrote extensive "memoirs" and then wrote to all the guys she claimed to have slept with (including the Duke) with an offer to leave their names *out* for a fee.

Many paid up. The Duke famously wrote back the single line:

"Publish and be damned". 

[The Minsky Moment]

Lawtalkers, how effective will this defense be??

At first blush, it seems about as effective as a domestic abuse defendant claiming "she gave me lip"

But Shargel is no moron and has been around the block, so who knows for sure?

[The Minsky Moment]

Second point they made is that is that the only difference between blackmail and a settlement with a nondisclosure agreement is good lawyering.

that's not really right, either.