Donald Trump is sue the New York Times for libelalleging that the newspapers claimed that Trump had a secret deal with Putin to defeat Hillary Clinton in the 2016 election was a complete fabrication. Unfortunately for Trump, defamation laws place most of the burden of proof on the plaintiff, and hell must prove that he was not working with a foreign country to influence the election results. Ring of lights Farron Cousins discuss it.
* This transcript was generated by a third-party transcription software company, so please excuse any typos.
It was announced this week that Donald Trump's re-election campaign was suing the New York Times on behalf of Donald Trump for allegedly false allegations that Donald Trump in 2016 had some kind of deal with Vladimir Putin to destroy Hillary Clinton and send Trump to the White House. Here's the trick. Let me read this from Trump's re-election campaign. This is what they said when they announced the trial. Today, the President's re-election campaign has filed a lawsuit against the New York Times for falsely declaring that the campaign had a comprehensive deal with Vladimir Putin's oligarchy to help the campaign against Hillary Clinton in exchange for A new pro-Russian foreign policy starting with a reduction in economic sanctions. This was actually spawned by an editorial in the New York Times by an opinion columnist titled The Real Trump-Russia Quid Pro Quo by a man named Max Frankel. Now here's the thing, these are pretty bold accusations in this editorial, right? I mean, you're just downright out there declaring that Donald Trump had to deal with Putin himself to defeat Hillary Clinton in exchange for the removal of sanctions.
It’s very specific and I’m not going to lie, you really didn’t have the evidence with you to support this, but defamation lawsuits work a little differently. And even if Trump, believe it or not, has a pretty good case here, it may not be as good as they think it is because in a libel suit, for the most part, the Applicant must prove that what the other person said was not true. So, by filing this lawsuit, they opened the door to the New York Times and their lawyers to browse their campaign material, go through emails, go through documents, go through everything because that's how it is that discovery works. They get all these dirty little secrets, unless of course they decide, oh, we forgot that. Maybe we won't drop this costume after all. Because here is the problem, the New YorkTtimes may not find something to support Frankel's claim in the editorial, but they will certainly find some pretty overwhelming material there that would eventually become public due to the way court records work. . Unless the Trump administration continues to have them sealed.
So yes, that could be very interesting. Here's something people need to understand about defamation laws. There are certain different things that must be proven or refuted. Usually a set of four. The first is the statement, which must relate to another person must be false, must be false. So, if this statement by Frankel turns out to be true, there is no automatic defamation. Second, the statement must be published to a third party who cannot also be the defamed person. So it had to be visible. You know, it can't be something you said to your boyfriend in an alley when no one was listening. It's not slander. You can't sue for it, it has to be something made public. The third is now what could easily bite the New York Times here. If the nature of the statement is in the public interest, the person who posted it must be at least negligently liable. It is important. Public figures who seek to prove that they have been defamed must prove additional evidence under the first amendment to the United States' constitution that by publishing the statement, the defendant acted maliciously by publishing something that 39; he knows how to be a lie or at least for having had a total disagreement, to ignore the fact that the statement is true or not.
Fourth, the person about whom the defamatory declaration is made must be damaged by the declaration. But here's the thing, it's this third when the real wickedness. Posting something you know is wrong. It's likely the New York Times did this because here's the thing, we all know that Russia helped Republicans in 2016, that goes without saying. The evidence is there, but if you try to make a claim beyond that and say that Trump himself had an agreement with Putin himself, that he would lift the sanctions if Putin made him preside. You see, now you are entering a territory where you don't have this proof. D & # 39; agreement. It could have happened. It might be very likely, but you can't prove it, and it will have you sued every time. But again, this smear suit is a double-edged sword. Trump may be able to hurt the New York Times, but thanks to the discovery process, they will probably hurt him too.
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