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Justice for Jesse: Ventura Was Right in His Lawsuit
People beating up on The Body are ignoring facts and basic fairness.


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Jesse Ventura, former Navy SEAL (yes, he really was), pro-wrestler, Minnesota governor, and TV host, prevailed Tuesday in his defamation suit against the late Navy SEAL Chris Kyle. A jury awarded Ventura $1.845 million over a passage in Kyle’s 2012 book American Sniper, in which Kyle recounts a 2006 fight inside a bar after a fallen serviceman’s wake. Kyle wrote that he and his group encountered a character named “Scruff Face,” who insulted George W. Bush, slammed the Iraq War, and even added the horrific sneer that SEALs “deserved to lose a few.” A fight ensued and, according to Kyle, “being level-headed and calm can last only so long.”

“I laid him out,” he writes. “Tables flew. Stuff happened. Scruff Face ended up on the floor.” He added that Scruff Face reportedly had a black eye the next day.

Kyle should have perhaps left it at that. But during his book tour stop on the Opie and Anthony show, he identified “Scruff Face” as none other than Jesse Ventura. He repeated the claim again in another interview with Fox News.

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The news transformed Ventura into one of the most hated men in America and persona non grata in the military and veteran communities. TV-show deals for Ventura, who had developed a career as a television host with a penchant for exploring conspiracy theories, reportedly dried up as a result.

But then a curious thing happened: Ventura immediately came forth, not issuing the standard press release with a banal denial but rather resolutely and categorically denying he ever made such statements, and affirming that he was never knocked in that California bar or was never in any altercation with Kyle.

Someone here was clearly lying — but who?

For those of us paying attention, Kyle’s story seemed fishy from the get-go. Why would Ventura make such remarks in the company of friends and fellow SEALs, especially those who were at a bar as part of a wake for a fallen warrior? Only a hair-raisingly evil person would say they “deserve to lose a few,” much less to men who have just buried a fellow soldier. While Ventura has been quite publicly critical of both Bush and much U.S. policy (and, for the record, I am not excusing his views), hatred of individual servicemen is a whole other ballgame.

But, this was Chris Kyle, a war hero (!), and thus all blindly believed him.

Ventura asked for a retraction and an apology. He received none. So he proceeded with a defamation lawsuit.

Legal experts claimed Ventura had no shot. A widow crying on the stand? Too sympathetic. A decorated war hero who was tragically killed (in an unrelated accident after Ventura filed suit)? Too sympathetic. Ventura was facing an almost insurmountable uphill battle in an already tricky area of the law.

Once the trial actually began, however, the truth began to emerge. For instance, Kyle, who sat for a lengthy video deposition prior to his death, was inconsistent in his story, described by one local reporter with the following headline: “In video deposition, author trips up on fight details in Ventura libel suit.” The Minneapolis Star-Tribune describes the testimony:

Afternoon testimony may have shifted some sympathy to Ventura’s side. In the deposition, videotaped a year before his death, Chris Kyle said he could not remember who told him that Ventura had hit his head when he fell to the sidewalk, could not recall how he learned that Ventura had a black eye, and conceded that tables did not go “flying” during the 2006 confrontation in a bar near San Diego, which he described in his book “American Sniper.”

After a thorough trial, in which the jury listened to multiple witnesses from both sides, the jury found in favor of Ventura, finding Kyle had indeed defamed the former wrestler. The court awarded Ventura more than $1.8 million (far lower than the amount Ventura sought), consisting of $500,000 for defamation damages and an additional $1.3 million for “unjust enrichment” (meaning that Kyle and his estate wrongly profited from said defamation). The book publisher’s libel insurance will cover the $500,000.

Social media, even journalists, became downright hysterical, insulting Ventura and making knee-jerk defenses of Kyle — so hysterical, in fact, that facts and logic were outright nonexistent.

Consider a few of the frantic claims, along with the facts:

MYTH: He sued a widow! What a monster!

CNN’s Anderson Cooper got in on the outrage game, tweeting: “I cannot believe that Jesse Ventura successfully sued the widow of a fallen Navy SEAL. Has he no shame?”

Whoa, there. Ventura sued Kyle in 2012. Kyle died, tragically, about a year later. The lawsuit then shifted to Chris Kyle’s estate, for which his wife, Taya, is the executor. It is utterly normal for a lawsuit to shift onto the estate, especially when the estate has profited from the issue in dispute. Considering Taya herself has profited from the book (earnings are estimated at a whopping $6 million, thanks to royalties and rights), it stands to reason that the shift is appropriate.

Consider this: A decorated veteran publishes a book saying he fought with someone in a bar after hearing the man say he worshiped the devil and/or thinks child molesters are fine. During the book tour, the author is asked to identify the monster and names you. It makes headlines, helping propel the book’s sales. You file a defamation suit and, roughly a year later, the author/veteran unexpectedly dies. His multimillion dollar estate goes to his wife, an estate largely consisting of profits from the book that defamed you. Do you drop the suit?

Of course not.

MYTH: The jury must have gotten it wrong.

Yes, juries sometimes get it wrong. (Though, statistics show, not often – if you want stupidity, check out judges’ findings.) But common sense would tell you that Ventura’s case must have been exceptionally strong and Kyle’s case extremely weak if the jury held in favor of Ventura. Defamation is notoriously hard to prove, and juries do not easily find against a young widow (who cried on the stand multiple times) or a fallen war hero, let alone both.

MYTH: It’s just a case of he said vs. he said so we have no way of knowing who lied.

Actually no. There were multiple witnesses, called by both sides. Clearly, the jury found Ventura’s witnesses believable and not Kyle’s.



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