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Trump Campaign's Defamation Suit Against New York Times Dismissed with Prejudice

Strategic Insights

— 2 min read

As the New York Trump campaign's defamation suit against The New York Times was swiftly dismissed by a New York state Supreme Court judge in February 2020, it sparked a flurry of media coverage. One of the primary reasons the Trump campaign filed the suit was to get publicity and deflect criticism for its handling of the COVID-19 pandemic. The suit targeted an op-ed piece written by former Times executive editor Max Frankel, which argued that the search for a smoking gun of conspiracy between the Trump campaign and Russia was beside the point, as they had an overarching deal to help Trump in exchange for a new pro-Russian foreign policy.

Key Takeaways:

  • The New York state Supreme Court judge, James E. d'Auguste, dismissed the Trump campaign's defamation suit against The New York Times, citing that the op-ed piece by Max Frankel was non-actionable opinion.
  • The judge ruled that the complaint did not meet the basic element of defamation law, which requires that the plaintiff prove the defendant acted with knowledge that the statements were false or with reckless disregard for the truth.
  • David E. McCraw, senior vice president and deputy general counsel of The New York Times, stated that the court's decision was a fundamental point about press freedom, highlighting that people in power should not tolerate libel suits intended to silence and intimidate critics.
  • The Trump campaign's lawsuit was part of a larger strategy to target opinion pieces in three outlets: The New York Times, The Washington Post, and CNN.
  • The lawsuit against CNN was dismissed in November, and the complaint against The Post is pending, with The Post filing a motion to dismiss.
  • Charles Harder, the lawyer representing the Trump campaign, has a history of representing high-profile clients, including Hulk Hogan, and has secured multiple seven-figure and eight-figure settlements on behalf of his clients.

Statistics:

  • 8 pages: The length of the Trump campaign's complaint against The New York Times.
  • 1 op-ed piece: The target of the Trump campaign's defamation suit, written by former Times executive editor Max Frankel on March 27, 2019.
  • 3-page ruling: The length of the judge's decision dismissing the Trump campaign's lawsuit.
  • 1 defamation law standard: The "actual malice" standard that the Trump campaign failed to meet in their lawsuit.
  • $0: The amount of sanctions awarded by the court to The New York Times for bringing a "meritless, unethical, frivolous, and vexatious" lawsuit.

Sources:

  • Erik Wemple, Washington Post, "The Trump campaign's defamation suit against the New York Times dismissed with prejudice"
  • David E. McCraw, senior vice president and deputy general counsel of The New York Times, quoted in the Erik Wemple Blog
  • Charles Harder, lawyer for the Trump campaign, bio page at his firm
  • New York state Supreme Court ruling, February 2020
  • The Washington Post, "The Trump campaign's defamation suit against CNN dismissed"
  • The Post, complaint against The Post, pending
  • Gawker Media, Hulk Hogan invasion-of-privacy suit
  • New York Times, "The Real Trump-Russia Quid Pro Quo" op-ed piece, March 27, 2019

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