Tuesday, August 13, 2024

And Sure Enough! It Got Worse! 😈

I haven't read the "attached memorandum," but reports are Trump is suing for damage to his reputation (i.e., libel).  Again, don't know what the libel laws are like in Florida, but I think he can't rely on "libel per se," since the search led to felony charges against him.  Truth, ya know, is an absolute defense, and you can't claim you were libeled because the government that served the search warrant later tried you for felonies, even if you are not convicted.

So, libel, under Florida law; and I'm not sure how damages will be calculated, but first he's got to prove the libel/injury to his reputation.  And he can't do that for six months, at least.

Weismann's analysis is interesting, because part of proving the tort will be proving someone in the DOJ or the FBI (or the magistrate, or....?) had animus toward Trump unsupported by facts that would support a prosecution.  So far, those facts still exist.  Loose Cannon dismissed the case on the grounds Smith was not authorized to bring it; not on the grounds there were no facts and Trump must be acquitted.  In which case (had that happened), see above.

I'm not saying Trump absolutely has no grounds for this suit.  I'm just saying the burden is absolutely on him to produce them.

And he can't start doing that until February.  And if Weismann's analysis is right, he can't claim Biden did it.*


*I'm not sure of the reach of Trump v US, myself.  Nixon v. Fitzgerald settled the law of civil liability for sitting Presidents, but it rejected any extension of its decision to criminal liability.  Liability here would be civil, which might be covered by Fitzgerald.  I'm not sure Trump v US, which covers criminal liability, would apply.  But I do think Trump is trying to set sail on the open sea in a sieve.
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