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Analysis: Does Obama Have Grounds to Sue Trump for Libel?
NBC ^ | March 6, 2017 | Phil McCausland and Ari Melber and Diana Marinaccio

Posted on 03/06/2017 5:28:26 AM PST by Pinkbell

President Donald Trump's newest pivot might be his way to divert attention from his own Russia troubles by leveling a Watergate-level conspiracy allegation at former President Barack Obama.

But this latest assertion that Obama ordered illegal surveillance of Trump Tower during the 2016 election — tweeted without evidence — could build and get the president into some legal hot water.

Although the law provides a great deal of leeway for political speech, that protection is not all encompassing. And because of the way Trump has leveled unsubstantiated accusations at Obama, he may have libeled his predecessor.

"He's basically stating that Mr. Obama committed crimes, and to state that somebody has committed a crime when it's false is clearly defamatory," said Benjamin Zipursky, who teaches defamation law at Fordham University Law School in New York.

"The question is: Is there enough evidence of serious reckless disregard to send that case to a jury?" Zipursky added. "I don't know what a court would decide on that, but there is some evidence of recklessness."

It's difficult for public figures to win libel cases.

Most courts rule against them because the assumption is that they have chosen to make their lives an open book, which means people will talk about them. But past Supreme Court cases have created a basic standard that seeks to answer two legal questions:

Was the statement false?

Did the person know it was false or was he or she reckless about whether it was false?

The answer to both questions must be yes, and that could be a difficult conclusion to draw.

(Excerpt) Read more at msn.com ...


TOPICS: News/Current Events
KEYWORDS: angryseditionmonkey; mediabias; obama; trump; wiretap
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Hahahaha - hard hitting journalism out of NBC!

Nothing But Covering (for Obama)

He might be out of office, but he's still numero uno in their hearts.

1 posted on 03/06/2017 5:28:26 AM PST by Pinkbell
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To: Pinkbell

Truth is a defense nbc dimwits


2 posted on 03/06/2017 5:29:19 AM PST by yldstrk (My heroes have always been cowboys)
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To: Pinkbell

No. Next question.


3 posted on 03/06/2017 5:29:44 AM PST by DoodleDawg
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To: Pinkbell

Notice: NO DENIAL of the charge of wiretapping. Progs are like a retreating occupation army: tearing stuff up, sabotage everywhere, while repeating propoganda that they are winning. A vast herd of Bagdad Bobs.


4 posted on 03/06/2017 5:31:24 AM PST by backwoods-engineer (Trump won; I celebrated; I'm good. Let's get on with the civil war now.)
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To: Pinkbell

NO


5 posted on 03/06/2017 5:31:28 AM PST by jokemoke
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To: Pinkbell

PRESIDENT Trump is right. Obama did commit crimes against the American people. Where’s the libel?


6 posted on 03/06/2017 5:31:38 AM PST by FlingWingFlyer (I tried being reasonable, I didn't like it. - Clint Eastwood)
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To: Pinkbell

I think GWB would have had sufficient grounds to sue Obama, and Trump should be able to sue Obama for having meddled in a presidential election campaigning together with Hillary and making derogatory statements about the GOP nominee.


7 posted on 03/06/2017 5:31:45 AM PST by Hotlanta Mike ('You can avoid reality, but you can't avoid the consequences of avoiding reality.")
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To: DoodleDawg

Comical spin.


8 posted on 03/06/2017 5:31:50 AM PST by Col Frank Slade
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To: Pinkbell

I have a better idea. How many separate charges of Treason can be filed against Obama?


9 posted on 03/06/2017 5:32:36 AM PST by Howie66 ("Tone down the tagline please." - Admin Moderator)
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To: Pinkbell

The guilty rarely sue for libel.


10 posted on 03/06/2017 5:32:38 AM PST by TonyM
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To: Pinkbell

Two words: Oscar Wilde.


11 posted on 03/06/2017 5:32:40 AM PST by proxy_user
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To: DoodleDawg

A lawsuit will lead to discovery and witnesses, I don’t think Obama wants to dig the hole deeper.


12 posted on 03/06/2017 5:32:47 AM PST by Hotlanta Mike ('You can avoid reality, but you can't avoid the consequences of avoiding reality.")
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To: Pinkbell

Oh, the discovery materials would be devastating to Obama!


13 posted on 03/06/2017 5:32:55 AM PST by Real Cynic No More (Border Fence Obamacare!)
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To: Pinkbell

But Trump has no action for being accused of treason with Russia? Ok.


14 posted on 03/06/2017 5:33:05 AM PST by Williams (Stop tolerating the intolerant.)
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To: Pinkbell

Does President Trump have grounds to put that lawless Obama creature in prison ?

Alongside his lackeys and henchmen Rhodes, Lynch, Clapper and Brennan,


15 posted on 03/06/2017 5:33:14 AM PST by captmar-vell
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To: Pinkbell

When is Trump going to fir Comey?


16 posted on 03/06/2017 5:33:26 AM PST by TonyM
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To: Pinkbell

Relax NBC, Trump is just starting to dirty up that little scumbag.


17 posted on 03/06/2017 5:34:22 AM PST by Williams (Stop tolerating the intolerant.)
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To: TonyM

When is Trump going to fir Comey?

_______________________

Apparently never.


18 posted on 03/06/2017 5:35:07 AM PST by Artcore (Donald J. Trump - 45th President of the United States of America!)
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To: Pinkbell

Another liberal wet dream, masquerading as news.


19 posted on 03/06/2017 5:35:20 AM PST by Pravious
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To: TonyM

Odd that Comey may feel he has to protect the FBI from a tweet that never mentioned the FBI?


20 posted on 03/06/2017 5:35:58 AM PST by Williams (Stop tolerating the intolerant.)
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