Commentary

Dow Jones Digs In, Says It Will Fight Suit Filed By Trump

The ongoing war between President Donald Trump and the news industry took a new turn on Friday when Trump filed a $10 billion+ libel suit against Dow Jones, News Corp., Rupert Murdoch and individual reporters. 

The suit disputes The Wall Street Journal’s claim that Trump wished reputed sex offender Jeffrey Epstein a happy 50th birthday with a crude drawing and the signoff,  “Happy Birthday – and may every day be another wonderful secret.” 

Trump warned he would sue prior to the story coming out, and he promptly did so. News media reported on the action before the complaint was even available. 

This is not to weigh in on the truth of the Journal report, or Trump’s assertion that he never wrote that letter. Let’s allow Trump to speak for himself.   

“We have just filed a POWERHOUSE Lawsuit against everyone involved in publishing the false, malicious, defamatory, FAKE NEWS “article” in the useless “rag” that is, The Wall Street Journal,” Trump posted. “This historic legal action is being brought against the so-called authors of this defamation, the now fully disgraced WSJ, as well as its corporate owners and affiliates, with Rupert Murdoch and Robert Thomson (whatever his role is!) at the top of the list."

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We simply wonder: What’s next?

Will Dow Jones cave in at some point, issue a lame apology and make a modest payment, as ABC and 60 Minutes recently did?

“We have proudly held to account ABC and George Slopadopoulos, CBS and 60 Minutes, The Fake Pulitzer Prizes, and many others who deal in, and push, disgusting LIES, and even FRAUD, to the American People,” Trump boasted in his post.  

We doubt that those settlements were about journalistic accuracy (indeed, late-night host Stephen Colbert was sacked after slamming his network for settling). Dow Jones says it won’t join this parade, although it may have its own corporate interests to protect. “We have full confidence in the rigor and accuracy of our reporting, and will vigorously defend against any lawsuit,” a spokesperson told Business Insider. 

A lawyer once explained to me that defamation suits have to be filed sometimes even if it is clear they ultimately will be lost: To not file them is an acknowledgement that the offending reports were true.  

And, as in all types of litigation, it sometimes pays to settle a lawsuit just to get rid of it. Call it a business expense.  

But this isn’t some kind of routine commercial dispute that will soon be forgotten. It concerns the First Amendment.  

Our understanding of the law is that you can’t libel a sitting politician, especially one with Donald Trump’s high profile. He is President of the United States.  

As for Dow Jones, it has high-priced legal help, deep pockets and doubtless maintains libel insurance. Maybe Trump will drop the case once the smoke has cleared.  

On another front, a federal court has tossed the copyright lawsuit brought by Trump against journalist Bob Woodward, stating that Trump had no copyright interest in audiobook of their interviews. 

These are exciting times if you’re a courthouse reporter. 

 

 

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