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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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To: Pinkbell
If Barry could sue then all conservatives could sue for false accusations of racism. All Viet Nam Veterans could sue John Kerry for falsely accusing them of war crimes and killing babies...
21 posted on 03/06/2017 5:36:35 AM PST by mountainlion (Live well for those that did not make it back.)
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To: yldstrk

Obama will not expose himself to discovery. Ain’t gonna happen.


22 posted on 03/06/2017 5:38:02 AM PST by Lurkina.n.Learnin (Willie Sutton went into robbing banks and Hillary Clinton went into politics)
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To: Pinkbell

The more that comes out about this, the more it looks as though Obama was very busy sabotaging the in-coming president. It appears that Sessions was set up from the very beginning and was marked for resignation, thus leaving an Obama hack in charge of the DOJ and any ensuing investigations. Trump’s people spotted that trap and shuffled the order at DOJ so that at least a more non-political career lawyer would be in charge.

The surveillance of Pres. Trump was to be covered by the bogus Russia story, giving it legitimacy. This should all be brought to the public ASAP. The corrupt Obama/Clinton machine must be exposed.


23 posted on 03/06/2017 5:38:26 AM PST by txrefugee
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To: captmar-vell

Said of Trump......”tweeted without evidence”.......

Thus far, from what I have heard or read about Trump statements, he does NOT “suggest” something as sinister as wire tapping, etc. without pretty solid information or fact. He has to be extra careful how he presents such information and to whom, particularly until he drains the swamp and gets his people in place to handle such information and charges appropriately. He will act!


24 posted on 03/06/2017 5:38:37 AM PST by DaveA37
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To: Pinkbell
Analysis?

ROFL

25 posted on 03/06/2017 5:39:05 AM PST by TTFlyer
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To: Pinkbell
Next up on NBC: When Did Trump Stop Beating His Wife? An Investigative Report
26 posted on 03/06/2017 5:39:57 AM PST by thoughtomator (Purple: the color of sedition)
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To: Pinkbell

Does anyone watch The Americans? This is all pretty much on script. There was even an episode several years ago, where the office of Casper Weinberger was bugged by a long term trusted cleaning lady, blackmailed by the Russians.


27 posted on 03/06/2017 5:40:39 AM PST by Toespi
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To: Williams

CNN has polling that Americans are concerned about Trump’s ties to Russia and thinks his policies will lead us down the wrong track. That’s their news this morning.


28 posted on 03/06/2017 5:41:20 AM PST by Luke21
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To: Pinkbell

What grade are these NBC journalists in? I would guess about 7th or 8th grade.


29 posted on 03/06/2017 5:41:24 AM PST by boycott
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To: Pinkbell

I’d love to see Obama sue for this.

Discovery would be just ooooooooooh so much fun.


30 posted on 03/06/2017 5:41:39 AM PST by PittsburghAfterDark (The American media: We do what the Soviet media did without the guns to our head.)
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To: Pinkbell

Does Trump have grounds to throw the Kenyan interloper in jail yet?
It’s still early...


31 posted on 03/06/2017 5:42:51 AM PST by glasseye
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To: Pinkbell
Remember Oscar Wilde? He sued the Marquess of Queensberry for calling him a sodomite, and at the trial, it came out that he was a sodomite.
32 posted on 03/06/2017 5:43:22 AM PST by Mr Ramsbotham (Laws against sodomy are honored in the breech.)
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To: Pinkbell

Bring it on.

Discovery would be very revealing.

Let’s depose everyone.

MSM morons.


33 posted on 03/06/2017 5:43:58 AM PST by P-Marlowe (Freep mail me if you want to be on my Fingerstyle Acoustic Guitar Ping list.)
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To: Pinkbell

All the President’s Men — what we are seeing now is basically Woodward and Bernstein (and hundreds of their co-workers) jumping in to defend Richard Nixon and slamming the McGovern Democrats as dangerous people who threaten our great nation.

I suppose if Nixon had been a Democrat, the original Watergate story would have played out this way. Certainly Round 2, with Obama the Democrat in the lead role, is playing like this.


34 posted on 03/06/2017 5:44:29 AM PST by ClearCase_guy (Abortion is what slavery was: immoral but not illegal. Not yet.)
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To: Pinkbell

Why does NBC not ask the same about Trump and the Russian crap?


35 posted on 03/06/2017 5:44:36 AM PST by IVAXMAN
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To: captmar-vell

BUMP!


36 posted on 03/06/2017 5:45:04 AM PST by Texas Fossil ((Texas is not where you were born, but a Free State of Heart, Mind & Attitude!))
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To: TonyM
When is Trump going to fir Comey?

I'd fir him, I'd firk him, and I'd ferret him.

37 posted on 03/06/2017 5:45:16 AM PST by Mr Ramsbotham (Laws against sodomy are honored in the breech.)
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To: Luke21

CNN fake polls and CNN fake news.

You gotta marvel at the audacity of it all.


38 posted on 03/06/2017 5:45:33 AM PST by goldstategop ((In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever))
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To: Pinkbell

If there is one thing I have learned from the liberal media over the years, is that if anyone in any of Executive Branch’s Departments make any kind of error(if Republican) or does something fantastic(if Democrat), it belongs to the President.


39 posted on 03/06/2017 5:47:24 AM PST by Dixie Yooper (Ephesians 6:11)
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To: Luke21

I saw that. Can anyone get internals on that poll?


40 posted on 03/06/2017 5:50:55 AM PST by Pinkbell (http://dtforpres.blogspot.com/2016/11/cnn-lies-multiple-times-to-help-hillary.html)
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