Making Connections

Jim Trusty PM: But Lindsey and I have all the time in the world to file frivolous lawsuits against CNN. https://t.co/DK44nPaYBv pic.twitter.com/t0EMqs9rEd

— emptywheel (@emptywheel) October 3, 2022

Trump sues CNN for 'fake news' -- and demands $475 million in compensationhttps://t.co/JYTLWoXQbr

— Raw Story (@RawStory) October 3, 2022

The lawsuit, which was filed in a federal court in Florida, argues that "beyond simply highlighting any negative information about the Plaintiff and ignoring all positive information about him, CNN has sought to use its massive influence -- purportedly as a “trusted” news source -- to defame the Plaintiff in the minds of its viewers." 

Obviously hoping to get Judge Cannon assigned to it; again.

The suit says that CNN has defamed Trump by having people on its shows who give him "defamatory labels of 'racist,' 'Russian lackey,' 'insurrectionist,' and ultimately 'Hitler.'"

There's an old story attributed to LBJ, where he told an aide to spread a scurrilous rumor about a political opponent. "But, sir!," the aide protested, "That's not true!"  "I know it's not true," LBJ replied.  "I wanna see him deny it!"

CNN is LBJ in this lawsuit, because the burden of proof is on Trump.  And truth is an absolute defense. (No, he doesn't have to prove he's not a racist/Russian lackey/insurrecetionist/Hitler; but the evidence that he is will be overwhelming.)  And then I wanna see him prove damages.

The suit goes on to allege that Trump is suing CNN "to vindicate his reputation as a dedicated public servant and to establish CNN’s liability for the harm it has caused to his reputation by the false, defamatory, and inflammatory mischaracterizations of him."

I understand Trump wants to get the current Supremes to eviscerate Sullivan for him.  I don't think he's going to get there. Indeed, I don’t think he’s even going to get to trial.

Popehat (conveniently) explains why:

This is one of the most shockingly baseless, bad faith, unethical abuses of the judicial system to suppress speech I've ever seen. Absolutely contemptible garbage.https://t.co/7ADoYYTrhD

— BrieflyAsABoatHat (@Popehat) October 3, 2022

/3 This piece of excrement takes swings at the New York Times v. Sullivan "actual malice" standard, much hated by modern totalitarian Right, and talks up "defamation per se," which is a damages doctrine. But those are red herrings that don't drive the outcome.

— BrieflyAsABoatHat (@Popehat) October 3, 2022

/5 The message of this lawsuit is "we will sue you if we don't like your rhetoric, regardless of law." It's absolutely lawless, without anything resembling a good faith basis supporting it. It's immoral, unethical, and should mark its authors with a permanent brand of contempt.

— BrieflyAsABoatHat (@Popehat) October 3, 2022

Getting nowhere near Sullivan, in other words. And frankly, so baseless there ought to be sanctions flying freely. Maybe CNN will counter-sue for attorney’s fees. It’s probably bad enough they could get them (not that Trump would ever pay).

More likely, just as with his suit against Hillary, et al., this will be dismissed quickly.

Compare and contrast:

Trumps moronic defamation suit against CNN.

And the brilliant amicus filing by The Onion.

The worst and the best of American lawyering within a few hours.

— Eric Turkewitz (@Turkewitz) October 3, 2022