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 ...
Obama would never sue Trump for libel because of what an investigation would reveal.
I do not think a POTUS can be sued for his actions done in office
No. The more important question is “Do the American people have grounds to sue the nyt for libel because of their dishonesty and chronic lies”?
obama is considered a public figure, isn’t he?
Ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha
The last thing Hussein wants is to stand in a court.
NBC is fake news.
“tweeted without evidence”
Stopped reading there.
See the Trey Gowdy interview on Fox last Thursday after the
“highly specific” closed secret briefing to the Special Committee on Intelligence. After the meeting Adam Schiff (D) house ranking member was “dismissive” and vague. Gowdy said in all his years as a former federal prosecutor, speaking with hundreds of FBI intel and criminal investigators he had never had such a full briefing, holding very little back (secrecy wise, and Gowdy would not categorize or say what that content was), and that Adam Schiff must have attended a different meeting.
Finally— Gowdy said, if you have a choice of a NYT reporter or Director Comey, he’d recommend listening to Comey.
Ah, from NBC, of course.
“...tweeted without evidence...”
Looking at trump’s history since the election, does anyone actually believe he doesn’t have hard evidence in this????
JMHo
LOLOLOLOL!! Like Odungho wants his crimes exposed in court.
(...and your friends)
NBC is trying as hard as they can to get people to think “OMG!!!! Trump is going to be sued...Oh worry, worry, worry!!!!”
NBC= Nothing But Crap.
Test Question: Who wrote the story?
1. Story written by 8th grade intern.
2. Unemployed individual formerly a congressional I.T. staffer
3. Columbia School of Journalism graduate
The may be a pipeline from there to the former adivisor to #44.
Looks like all roads are bumpy and full of potholes.
If Obama DOESN’T sue, it is an admission of crime. Wonder if NBC considered that? Opens up Obama for discovery. I have used that technique on my book about Harry Reid, no one wants to sue me because of discovery.
Go for it, Barack.
Discovery ought to be a blast!
Don’t know why, but I have this feeling that this thing hasn’t fully exploded. There’s more mischief to uncover.
Please do so Obama can be hauled in for the discovery process.
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