Tag: libel laws

Trump campaign sues CNN for libel over opinion article

The Trump campaign announced Friday that it sued CNN for libel over an opinion article, saying it wants the network to be held “accountable for intentionally publishing false statements against” it.

The big picture: It’s the latest of a series of libel suits by the campaign aimed at media outlets’ opinion articles on issues linked to Russia. Over the last few weeks, the campaign has also sued the New York Times and the Washington Post, alleging similar motives.

  • While President Trump has often threatened to sue news organizations for libel, he has rarely followed through.
  • The efforts face a relatively high bar for proof compared to most lawsuits. In order for a public official to successfully sue for libel, they must be able to prove that the defendant acted with “actual malice.”

The article named in the suit, written by CNN contributor Larry Noble and published in June, states that “the Trump campaign assessed the potential risks and benefits of again seeking Russia’s help in 2020 and has decided to leave that option on the table.”

  • That assertion is backed up earlier in the piece by citing a Trump interview last year with ABC News’ George Stephanopoulos, where Trump said he’d “want to hear” information offered on political opponents by a foreign government. His statement in that interview was also used to support an argument in one of the Post pieces that resulted in a lawsuit.
  • The CNN piece also cites an “Axios on HBO” interview with White House adviser Jared Kushner, who said that he doesn’t know whether he’d call the FBI if he were to receive another email like the one before the campaign’s Trump Tower meeting, which had the subject line: “Re: Russia – Clinton – private and confidential.”

What they’re saying:

  • Trump campaign senior legal adviser Jenna Ellis: “The campaign filed this lawsuit against CNN and the preceding suits against The New York Times and The Washington Post to hold the publishers accountable for their reckless false reporting and also to establish the truth: that the campaign did not have an agreement, quid pro quo, or collusion with Russia, as the Mueller Report concluded.”
  • CNN declined to comment on the suit.

[Axios]

Trump campaign files libel suit against New York Times over Russia story

President Donald Trump’s re-election campaign said on Wednesday it filed a libel suit against the New York Times accusing the newspaper of intentionally publishing a false opinion article related to Russian interference in the 2016 U.S. election.

In an escalation of the Republican president’s long-running battle with the news media, campaign officials said the lawsuit was being filed in New York State Supreme Court, the state’s trial-level court.

A statement from the campaign said the aim of the litigation was to “hold the news organization accountable for intentionally publishing false statements against President Trump’s campaign.”

The lawsuit relates to a March 27, 2019, opinion article written by Max Frankel, who served as executive editor of the Times from 1986 to 1994.

The campaign attached to a news release a draft copy of the suit accusing the newspaper of “extreme bias against (the campaign) and animosity” and cited what it called the Times’ “exuberance to improperly influence the presidential election in November 2020.” Trump is seeking re-election on Nov. 3.

The Times did not have an immediate comment.

The opinion piece was headlined, “The Real Trump-Russia Quid Pro Quo” with a subhead adding, “The campaign and the Kremlin had an overarching deal: help beat Hillary Clinton for a new pro-Russian foreign policy.” Quid pro quo is a Latin term meaning a favor in exchange for a favor.

The lawsuit originated with the Trump re-election campaign, but Trump himself has contended the Times has at times been biased against him.

Trump often refers to various news media outlets as “fake news” and has called elements of the U.S. news media “the enemy of the American people.”

Former Special Counsel Robert Mueller documented Moscow’s campaign of hacking and social media propaganda to boost Trump’s 2016 candidacy and harm his Democratic opponent Hillary Clinton.

It documented numerous contacts between people associated between Trump’s campaign and Russians. Mueller found insufficient evidence to show a criminal conspiracy between Trump’s team and Russia but did not exonerate Trump of obstruction of justice related to the investigation.

In the opinion piece, Frankel stated, “Collusion – or a lack of it – turns out to have been the rhetorical trap that ensnared President Trump’s pursuers.”

Frankel added, “There was no need for detailed electoral collusion between the Trump campaign and Vladimir Putin’s oligarchy because they had an overarching deal: the quid of help in the campaign against Hillary Clinton for the quo of a new pro-Russian foreign policy, starting with relief from the Obama administration’s burdensome economic sanctions. The Trumpites knew about the quid and held out the prospect of the quo.”

“Today the President’s re-election campaign filed suit against the New York Times for falsely stating the Campaign had an ‘overarching deal’ with ‘Vladimir Putin’s oligarchy’ to ‘help the campaign against Hillary Clinton’ in exchange for ‘a new pro-Russian foreign policy, starting with relief from … economic sanctions,’” said Jenna Ellis, senior legal adviser to Donald J. Trump for President, Inc.

“The statements were and are 100 percent false and defamatory. The complaint alleges The Times was aware of the falsity at the time it published them, but did so for the intentional purpose of hurting the campaign, while misleading its own readers in the process,” Ellis said.

In a copy of the lawsuit provided by his re-election team, the campaign stated, “The Times was well aware when it published these statements that they were not true.”

[Reuters]

Trump Cites Made Up Ian Bremmer Tweet as Example of Why Libel Laws Need to Change

President Donald Trump on Monday slammed pundit, journalist, and New York University professor Ian Bremmer for publishing a “completely ludicrous quote” that he attributed to him. In the early morning tweet while he was still in Japan, the president said the fake quote that Bremmer published and then deleted shows “what’s going on in the age of Fake News” and how something must be done to prevent similar instances in the future. “@ianbremmer now admits that he MADE UP ‘a completely ludicrous quote’, attributing it to me. This is what’s going on in the age of Fake News,” Trump wrote. “People think they can say anything and get away with it. Really, the libel laws should be changed to hold Fake News Media accountable!”

Bremmer, the founder and president of Eurasia Group who is also a columnist and editor-at-large for Time, published a tweet over the weekend that contained a false quote from Trump about North Korea. In the since-deleted post, Bremmer quoted Trump as saying “Kim Jong Un is smarter and would make a better President than Sleepy Joe Biden.” The quote was shared by Rep. Ted Lieu of California and several popular pundits, including Ana Navarro-Cardenas.
When Bremmer was confronted on the fake quote, he defended it by saying it was “plausible” and somehow made a point about the larger state of news media. “This is objectively a completely ludicrous quote. And yet kinda plausible. Especially on twitter, where people automatically support whatever political position they have. That’s the point.” Bremmer wrote in a tweet that he has also since deleted.

Bremmer addressed his tweet again Monday morning after Trump’s criticism, claiming that the quote was “meant in jest.” Bremmer apologized and said that he “should have been clearer.”

This is not the first time Trump has called for a change in libel laws. In fact, he has been pushing the message since he was a candidate. “One of the things I’m going to do if I win … I’m going to open up our libel laws so when they write purposely negative and horrible and false articles, we can sue them and win lots of money,” Trump said in February 2016. He has repeated that threat several times since he moved into the White House.

[Slate]

Trump says those who made ‘false statements’ about Kavanaugh ‘should be held liable’

Hours after his Supreme Court pick was sworn in Saturday, President Donald Trump said on Fox News that those who made up “false” stories about Brett Kavanaugh should be penalized.

Trump, talking with Fox News’ Jeanine Pirro, said he hated watching the slew of sexual assault allegations grow against Kavanaugh and dubbed all the accusations “fabrications” with “not a bit of truth.”

“I think that they should be held liable,” Trump told Pirro. “You can’t go around and whether it’s making up stories or making false statements about such an important position, you can’t do that. You can destroy somebody’s life.”

Pirro started the segment by congratulating the president on Kavanaugh’s swearing-in then asked about the accusations and whether any of those who came forward or promoted “falsehoods” should suffer “consequences.” She specifically asked about allegations brought by Julie Sweatnick, who was represented by lawyer Michael Avenatti.

Swetnick alleges she witnessed efforts by Kavanaugh and his classmate Mark Judge to get teenage girls “inebriated and disoriented so they could then be ‘gang-raped’ in a side room or bedroom by a ‘train’ of numerous boys.”

Avenatti has been dueling with the president for months in court representing porn star Stormy Daniels, who alleges an affair with Trump and signed a hush money deal to stay quiet.

[USA Today]

Donald Trump maintains attacks on Bob Woodward, calls for changes in libel laws

Stung by the latest tell-all book to hit his White House, President Donald Trump renewed his attacks on author Bob Woodward by suggesting Wednesday that the government tighten libel laws – though the president’s role in doing that is probably nonexistent.

“Isn’t it a shame that someone can write an article or book, totally make up stories and form a picture of a person that is literally the exact opposite of the fact, and get away with it without retribution or cost,” Trump tweeted. “Don’t know why Washington politicians don’t change libel laws?”

Later, during a photo op with Amir of Kuwait, Trump said: “The book means nothing; it’s a work of fiction.”

Trump also suggested changing the libel laws back during his presidential campaign – in response to news stories he didn’t like – but has made no specific proposals in that area since moving into the White House in January 2017.

There probably isn’t anything Trump, or Congress, can do about libel laws in any event.

For one thing, there is no federal libel statute. States set their own libel statutes, and a series of court rulings have shaped them.

It’s difficult for public figures to win a libel suit; the Supreme Court says they must prove actual malice and reckless disregard for the truth – a high legal bar – and writers and speakers have wide latitude under free speech protections in the First Amendment to criticize and report on elected officials.

The catalyst this time is Woodward’s new book – “Fear: Trump in the White House” – in which aides describe the president as an unhinged “liar” who does not seem interested in learning the details of the issues he has to face.

White House Chief of Staff John Kelly reportedly described Trump as an “idiot” who is running “Crazytown,” while Defense Secretary James Mattis is quoted as saying Trump acted like a “fifth- or sixth-grader” at one meeting.

“Members of his staff had joined to purposefully block some of what they believed were the president’s most dangerous impulses,” Woodward writes, according to a leaked excerpt. “It was a nervous breakdown of the executive power of the most powerful country in the world.”

The book is scheduled for public release on Tuesday.

Woodward also reports that Trump tends to berate aides, conduct that the president defended in a separate tweet on Wednesday morning.

Claiming that “my Administration has done more in less than two years than any other Administration in the history of our Country,” Trump tweeted that “I’m tough as hell on people & if I weren’t, nothing would get done. Also, I question everybody & everything-which is why I got elected!”

Trump is seeking to undermine Woodward even though he has praised the author in the past, and told him in a phone conversation just last month that he has always been fair.

Back in 2013, as members of the Barack Obama administration criticized a Woodward book about them, Trump tweeted out: “Only the Obama WH can get away with attacking Bob Woodward.”

As details of the book began to leak out Tuesday, the White House hastily put together  a series of responses.

Kelly denied calling Trump an “idiot,” while Mattis denied uttering “the contemptuous words” attributed to him by Woodward.

The White House denials echoed those made about previous critical books, particularly those by journalist Michael Wolff and former White House aide Omarosa Manigault Newman.

As he did Tuesday night, Trump tweeted out the statements by Kelly and Mattis on Wednesday morning, while adding some denials of his own. In one of his missives, Trump said: “Thank you General Kelly, book is total fiction!”

While Trump has frequently attacked Attorney General Jeff Sessions, he denied Woodward’s reporting that he has called the former Alabama senator “mentally retarded” and “a dumb Southerner.”

“I said NEITHER, never used those terms on anyone, including Jeff, and being a southerner is a GREAT thing,” Trump tweeted, claiming that Woodward “made this up to divide!”

As for changing libel laws in the wake of Woodward, it’s highly unlikely.

“There is no federal libel law for President Trump to bully Congress to change, and the president does not have the authority to change state libel laws,” said Brian Hauss, an attorney for the American Civil Liberties Union. “Furthermore, the First Amendment provides strong protections against libel liability, particularly with respect to statements about public figures or matters of public concern.”

[USA Today]