“Donald J. Trump’s Lawyer Army Strikes!”
Donald J. Trump has filed a lawsuit against CNN; he is suing for defamation and wants $475 million dollars.
First, Donald J. Trump does not know what defamation is. Secondly, he doesn’t understand the Constitution’s protection of free speech, expression and association. Thirdly, he obviously is unaware of how the Supreme Court ruled in the New York Times v. Sullivan case in 1964.
The key word in that
decision was “malice.”
The wise men and women in this precinct are positive that “C” student Trump at Fordham and Pennsylvania did not exit those institutions knowing what “malice” means. We are also sure that Trump didn’t attend any Constitutional law class when that case was discussed.
And, we can assume that his lawyers have been too busy chasing ambulances or hiding secret documents of the U.S. in cardboard boxes at Mar A Lago to have read the case either.
Simply put the Court ruled that a public office holder or candidate for public office must prove the elements of defamation — i.e. publication of a FALSE defamatory statement to a third party (readership or viewership) but, additionally, the Plaintiff MUST prove the “defamatory” statement was made with “actual malice.”
For the sake of the “C” student and his “lawyers,” the defendant, in this case CNN, must know the statement (s) was absolutely false or “recklessly disregarded” whether it might be false.
Trump is familiar with “malice,” malicious intent and how those words are applied to outright falsehoods, outright lies.
For example, on election night one-year and 11 months ago President Donald Trump announced to the world that he had won the election. It was ten p.m. in California. Trump knew that was not true. When the Fox News election staff announced that Trump had lost Arizona, Trump’s people objected vigorously to Fox about the call. Fox refused to change its decision to call Arizona for Biden. Numerous recounts and outside investigations proved that call was correct.
The point: Trump and his people lied outright about his winning the election in claiming he had won before over half the votes cast were even counted. He did so, we now know, as part of a strategy bandied about by his friend, convicted felon Roger Stone, who we have on video tape advising Trumpies to claim Trump won no matter what the calls were state by state and regardless if any votes had even been counted.
Stone told people to claim Trump won in order to confuse the matter and cause massive legal attacks by Trump and his people that, in fact, we watched in over 60 different courts around the country including the U.S. Supreme Court. As we all know, not a single court victory by Trumpies was recorded.
Can Donald Trump present any real examples of defamatory statements made by any CNN employee on the air? Then can he prove that CNN knew or should have known that the incident was made public with “actual malice?”
Can Donald Trump show “actual malice” by CNN and the other news outlets he says he will also sue for defamation?
Can Donald Trump sue for defamation for anything said or published while he was President? That’s one legal question. Another might be because he has never admitted defeat, can he be considered a candidate for office? Can he sue for anything said or published that has been proven wrong and for which the defendant has apologized for and/or corrected?
As Trump is a citizen of Florida and CNN is a corporation in another state he has properly filed his suit in a federal court in Florida. Will the case go before a Trump appointed judge? We don’t know. Neither does he nor do his lawyers.
Whichever judge handles the case we know one thing, that judge knows what “actual malice” means and will be happy to school Trump’s lawyers. If that is not enough, appellate judges in the 11th Circuit in Atlanta will be happy to define it for Trump’s lawyers, for Trump and for that 30% of ignorant Americans who believe every word Trump says or posts.
The New York Times v. Sullivan (1964). If only Trump had ever read the case he wouldn’t be suing.
A reminder: Trump as owner of the New Jersey Generals, a football team in a league (USFL) that tried to compete with the National Football League (NFL), sued the NFL for monopolistic practices or broadcast rights in the fall of the year.
Trump won the lawsuit. It is called a “Pyrrhic victory.”
The jury awarded Trump and the other USFL owners Three dollars in triple damages. Not a billion dollar merger, or millions in damages — three dollars. That’s all.