Trump is suing ABC News and George Stephanopoulos for defamation. Here’s what to know about his claim.
https://www.cbsnews.com/news/trump-suing-abc-news-george-stephanopoulos-defamation/
Former President Donald Trump on Monday sued ABC, ABC News and host George Stephanopoulos, claiming comments made by Stephanopoulos during a recent interview were defamatory.
In the interview, Stephanopoulos asked Rep. Nancy Mace, a South Carolina Republican, about the two juries that awarded the writer E. Jean Carroll a combined $88.3 million in damages stemming from her claim that Trump sexually abused her decades ago and committed defamation in denying the attack.
What did Stephanopoulos say?
During a March 10 interview with Mace, Stephanopoulos said, “Judges and two separate juries have found him liable for rape,” among other references to Trump being “found liable for rape.”
What is Trump alleging in his lawsuit?
In Trump’s complaint, he accuses Stephanopoulos of acting “with actual malice or with a reckless disregard for the truth,” and claims that Stephanopoulos “knows that these statements are patently and demonstrably false.”
In order to prove defamation of a public figure, Trump must prove not just that the statement was incorrect, but that Stephanopoulos met the heightened standard of actual malice, showing that he had knowledge the statements were false or acted with reckless disregard of whether they were false or not. Trump has to prove actual malice by “clear and convincing evidence.” He also must show that Stephanopoulos harmed his reputation.
A presidential pardon is a right granted to the President of the United States by the U.S. Constitution to forgive a person for a crime, or to excuse a person convicted of a crime from punishment.
https://www.thoughtco.com/presidential-pardons-legal-guidelines-4070815
The president’s power to pardon is granted by Article II, Section 2, Clause 1 of the Constitution, which provides: “The President … shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.”
Key Takeaways
Article II, Section 2, Clause 1 of the Constitution grants the President of the United States the power to pardon any person convicted for or accused of federal crimes, except in cases of impeachment.
The president may not pardon persons convicted for or accused of violating state or local laws.
Through the power of “commutation of sentence,” the president may reduce or completely eliminate the prison sentences being served by persons convicted of federal crimes.
While he or she is not required to follow them, recommendations on all applications for presidential pardons must be prepared and submitted to the president by the U.S. Pardon Attorney of the Department of Justice.
Historically, the courts have interpreted the Constitution as giving the president virtually unlimited power to issue pardons to individuals or groups. However, presidents can only grant pardons for violations of federal laws. In addition, a presidential pardon only provides immunity from federal prosecution. It does provide protection from civil lawsuits.