IF it is libel Cruz will surely 'sue'. Cruz is the consummate bearer of false witness.
The reason people in public life rarely sue for libel and slander is that the courts have ruled that they are fair game simply because they are in public life or celebrities.. In other words, it comes with the territory.
In order to win, you must prove actual malice. And the Enquier story never said “we have proof.” It repeatedly used the weasel words “rumored”. “allegedly” “supposedly”—the innuendo doing the damage where proof is not forthcoming.