Trump's campaign is suing the NY Times for libel over Russian collusion op-ed

Originally published at: https://boingboing.net/2020/02/26/trumps-campaign-is-suing-the.html

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So much for the first amendment.

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I’m not a lawyer but doesn’t this open up Trump & Co. to some potentially damaging investigations upon discovery?

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Streisand, we summon thee!

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Waiting for Barr to weigh in on how this is an “assault on the honor and majesty of the President! It must be prosecuted to the fullest extent!”

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Maybe that’s why he’s having his “campaign” file the suit instead of himself.

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“Fortunately, the law protects the right of Americans to express their judgments and conclusions, especially about events of public importance."

So far…

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Well, after tracking down the actual complaint (I’m always baffled why most outlets run stories describing complaints without actually LINKING to said complaint, but oh well), it’s exactly as stupid as you imagine it to be.

They base the complaint on what the NYT should have known was going to be contained in the Mueller report, and got a lawyer to sign a pleading that represents to the court that a “systematic pattern of bias against the Campaign, designed to maliciously interfere with and damage its reputation and seek to cause the organization to fail.” somehow creates a cause of action for a politician. It’s a hell of and 8(!) page pleading.

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After AG Barr files the response and the case jumps directly to the Supreme Court, the Times may be in deep, deep trouble. I can see the 5-4 decision for the United States in Failing New York Times v The American People now.

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Reality has no bias, good luck with that.

Given that the Trump administration is currently stonewalling production of documents it’s patently required by law to give to Congress I expect they have no worries about any of their discovery obligations. They will simply ignore them. This is a lawsuit to intimidate, and for publicity, so actually winning would just be a bonus and not an absolute goal of the lawsuit.

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Agree on the frightening possibilities, but other than the short-sighted punitive nature of lashing out like this, I can’t imagine why Trump or his people would want to step into waters like this. An actual trial like this would necessarily involve a full trial of the truth of the underlying statement. A trial with actual witnesses, without the GOP selecting or limiting witnesses.

Does a jury verdict finding that the statement are, on balance, accurate and Trump did act illegally/unethically do Trump any good?

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That’s because the short-sighted punitive nature of it is the entire point.

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It’s almost as if there’s never been a court case about this before. Well, at least the New York Times knows the arguments to make:

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It will be a 5-2 decision after Ginsburg and Sotomayor recuse themselves for obvious bias.

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Impeached Donald Trump seems to think that no one but him may speak.

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It’s what he does. It’s ALL he does! https://www.amazon.com/Plaintiff-Chief-Portrait-Donald-Lawsuits/dp/1250201624

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The New York Times must be worried. They might lose all of their readers that support Trump.

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I think this is in keeping with his modus operandi, probably most famously when he was “investigating” President Obama’s birth certificate. He was not, actually, investigating the birth certificate. He was getting free press while at the same time making President Obama seem legally suspect in the eyes of his followers. Similarly, he’s identifying the NYT as his enemy, making an empty allegation and will bluster about all the cans of whoop ass he’s opening on that elitist enemy of the people, the NYT. Any court defeats he’ll attack as the act of democrats and never-trumpers, and will explain to his followers that that’s why he needs another four years to purify this land.

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the suit alleges that the newspaper “has engaged in a systematic pattern of bias” against Trump’s campaign, which is designed to damage the campaign’s reputation and cause it to fail.

Well … yes? And?

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