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Of course, Donald John Trump has a heavy load to lift in suing the press for libel.
Some have mentioned 'discovery'. Indeed, as part of their defense, the NYT could, in theory, seek a subpoena against Mark Burnett and MGM for those tapes from The Apprentice. However, this would be long after the election is over.
One thing about libel (and slander) suits: in such suits the plaintiff is alleging that his or her reputation has been harmed. Of course, that means that the defendants have every right to investigate the plaintiff's 'reputation'.
There have been many such lawsuits in which the plaintiffs 'win', meaning showing that they were defamed, but with the jury awarding damages of $1.00, concluding that the plaintiff did not really have a reputable reputation to harm.
An excellent book that I heartily recommend is "My Life In Court", by famed (and deceased) attorney Louis Nizer*. The book details, in part, the libel suit that Mr. Nizer filed on behalf of his client, the writer Quentin Reynolds, against the newspaper columnist Westbrook Pegler. In the book Mr. Nizer relates how he advised Mr. Reynolds that his reputation would be on trial, as indeed proved to be the case.
However, Mr. Reynolds enjoyed an excellent reputation. Mr. Pegler (whom would have felt at home on Breitbart today) had written that Mr. Reynolds was a coward, etc. Of course, Mr. Reynolds, who covered WWII from the front line, was anything but, whereas Mr. Pegler was able to avoid service (perhaps he had a bone spur in his foot).
Mr. Nizer does a masterful job in describing the trial, and the pitfalls of bringing a libel suit. Yet, in the end, the jury agreed that Mr. Reynolds had been libeled, that he had an excellent reputation, that his reputation was harmed, and so awarded him a massive sum of money (for those days), while Mr. Pegler was disgraced beyond measure.
I would advise Mr. Trump to forebear from filing such a lawsuit. I doubt that he can meet the standard of proof (actual malice or such), and I doubt that he could withstand a detailed investigation into his character.
*I will note in passing that President Richard Nixon had retained Mr. Nizer to represent him at the looming impeachment trial; since Mr. Nixon resigned, his services were not needed.
You do realize that there is a Federal courts system and separate state court systems, or is Obama omnipotent?
Mick
In the deluded brain of a Trump cultist, Obama and Clinton are spawn of the devil and have vast control over every aspect of life. The statements they make and positions they try to defend are so ludicrous that you can only react in open eyed wonder. All you have to do is sit back and watch them make fools of themselves, when they think they are "scoring points". Pure unadulterated entertainment.
In the deluded brain of a Trump cultist, Obama and Clinton are spawn of the devil and have vast control over every aspect of life. The statements they make and positions they try to defend are so ludicrous that you can only react in open eyed wonder. All you have to do is sit back and watch them make fools of themselves, when they think they are "scoring points". Pure unadulterated entertainment.
You're right, Dave.
That is what makes these threads in City-Data so entertaining!
The immaturity, stupidity, malice of some of these brainwashed Trump supporters is so ridiculous that it becomes unintentionally comical.
"If a plaintiff in a libel or slander action qualifies as a public figure, he or she must show that the libelous or slanderous conduct of the defendant was motivated out of actual malice as required in the case of new york times co. v. sullivan, 376 U.S. 254, 84 S.Ct. 710, 11 L.Ed.2d 686 (1964)."
LMAO. The NY Times obviously knows how to deal with blowhards like Trump. And with Trump lashing out at everything and everybody now, I expect him to spend the next 48 hours tweeting insults about the NYT and their attorneys.
This seems to be the inspiration for the current Trump campaign strategy.
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