The ‘Big Lie Is No Lie’ Lie

What to make of Donald Trump’s lawsuit against CNN.

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The thing about Donald Trump’s “Big Lie” is that it is: 1. big and 2. a lie. Trump has now filed a $475 million lawsuit against CNN, insisting that the news channel stop referring to his lies as “lies.” 

That’s High Trumpism: lying about lying while putting your hand out and asking for money. 

CNN’s lawyers can rest easy. The lawsuit (which I encourage you to read) is an amateurish dog’s breakfast of cut-and-paste hackwork, a slop pail of whining and whimpering that overlooks the one absolute defense against a libel claim: truth. The claims of fact about Trump made by CNN’s talking heads have been, for the most part, true. The analysis has been at times hysterical and irresponsible—this is CNN—but, as CNN’s lawyers point out, even the letter of complaint Trump’s team sent to CNN in July demanding the removal and retraction of a few dozen segments and articles didn’t allege any particular falsehood as such. 

CNN’s legal team, which must be enjoying the heck out of this, responded: 

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  1. Avatar photo
    Psmangelsdorf

    "(Also: Let’s emphasize former president: The lawsuit identifies the plaintiff as “President Donald J. Trump,” when there is no such person. This is a republic with elected offices, not a monarchy with life peerages.) "

    Thank you, thank you, thank you. This is my absolute biggest pet peeve, both with Trump and with every other former elected official. Our Constitution explicitly gets rid of titles of nobility, yet so many people refer to and address former Presidents, Senators, Governors, etc by that title after they leave office. It drives me up a wall.

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  2. Chanterelle

    My guess is attorneys with libel experience were 1. Not willing to take this case & or 2. Not willing to work with someone so volatile & self destructive. At this point most competent attorneys have seen enough to stay away.

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    RightWithReason

    Pure comedy gold, Kevin. 👍

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  4. Avatar photo
    Bill Dyer (aka Beldar)

    Per Fla. Stat. § 95.11(4)(g). in the State of Florida, claims for libel or slander (collectively defamation) must be brought within two years, typically as measured from the date the plaintiff learned (or in the exercise of due care, should have learned) of the allegedly defamatory statement's publication.

    By contrast, in the District of Columbia, the relevant statute of limitations is only one year — and that is also true in 27 other states, including New York.

    Suing in Florida may be in part an attempt by Trump's legal team — if someone behind the scenes does have a clue about defamation law and limitations — to capture the Florida statute of limitations, thereby substantially expanding the date range of CNN statements about which Trump may conceivably sue. The default rule is in hearing claims based upon state law, federal courts will apply the statute of limitations of the state in which it's sitting unless someone gives it a good reason to apply some other state's law (like a pre-dispute contractual choice of law stipulation).

    The case is indeed meritless, for all the reasons Mr. Williamson has listed and more.

    But this choice of forum isn't surprising, and certainly is not irrational as a tactical choice by trial counsel. And, while subject to challenge by CNN, it may well hold up.

    [EDIT:] Florida, Georgia, New York, and the District of Columbia all have anti-SLAPP statutes. CNN is likely to seek early dismissal, with cost and attorneys' fees, under whichever one is ultimately determined to apply. I haven't attempted to compare them, but Trump's lawyers should have done that before suing (if they didn't, and perhaps they did), and CNN's lawyers are surely considering those issues even as we speak. Link: https://www.dmlp.org/legal-guide/state-law-slapps

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  5. Belisarius Aves

    Yes! Not the president but former president. This crap on Fox started years before Trump as they kept calling Gingrich “Mr Speaker.” But of course such honorifics would never be applied to Paul Ryan because our peerages appear to be situational.

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    Better Call Paul

    If I were a lawyer for the DOJ, I would respond with a footnote with Trump’s 30,000 demonstrable lies since taking office. And close with, “…he is, in fact, a big fat poopyhead.” (Without naming him by name. The inference speaks for itself)

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    JohnF

    Sarah Isgur made an excellent point in a Dispatch Podcast a few weeks ago. Instead of trying to get this lawsuit dismissed, CNN should try to fast-track their way to Discovery. "OK, you say that the election was stolen and that we're lying when we say that it wasn't, let's see all of the evidence you have to support your case. And ... while you're doing that, we'd like to see every email, text, and document written by your and your staff between, say ... September 2020 and March 2021"

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    1. Avatar photo
      Bill Dyer (aka Beldar)

      That would only work if one presumes that Trump will, indeed, comply with any obligations created by the rules of civil procedure regarding discovery, and indeed any enforcing orders by the courts, and PRODUCE that which their client indeed has.

      Trump has no intention or expectation of ever actually doing that, regardless of what the law says, for proof of which proposition I offer you:

      Mar-a-Lago.

      In this, I note, he is in complete accord with his moral and sometimes political allies and soulmates, Bill & Hillary Clinton, as proof of which proposition I offer you the Rose Law Firm billing records.

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      1. Avatar photo
        JohnF

        😃You're a cynical man, Bill Dyer! 😏
        On a related note, what is the process to remove a District Court Judge with a lifetime appointment?

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        1. Avatar photo
          Bill Dyer (aka Beldar)

          Guilty as charged.

          Impeachment in the House and conviction in the Senate, if we're talking about federal district courts.

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            JohnF

            So basically, once you're in, you're in!

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  8. Avatar photo
    Kevin Johnson

    Great piece. “Decent” lawyers, indeed. Jonah is a well-known foodie, commenting on “The Remnant” that he works hard with the fair Jessica to avoid “wasted calories” although there is a famous brown liquid exception. He is also a proud zombie fanatic, recently noting he and his family dressed as zombies…in public, for many years in a row. I don’t think this meets the cannibal standard, but it “raises questions.”

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  9. Avatar photo
    Kevin Johnson

    Great piece. “Decent” lawyers, indeed. Jonah is a well-known foodie, commenting on “The Remnant” that he works hard with the fair Jessica to avoid “wasted calories” although there is a famous brown liquid exception. He is also a proud zombie fanatic, recently noting he and his family dressed as zombies…in public, for many years in a row. I don’t think this meets the cannibal standard, but it “raises questions.”

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    Rich Shipe

    On the bright side, at least we can be thankful that still nobody wants to be compared to Hitler.

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