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Judge Napolitano on Trump suing NY Times for libel: 'Clever move, but case will be dismissed'
foxnews ^ | 02/27/2020 | Joshua Nelson

Posted on 02/27/2020 6:06:46 AM PST by ChicagoConservative27

The Trump campaign’s filing of a libel lawsuit against the so-called "extremely biased" New York Times was a "clever" move but the case will likely be “dismissed,” according to Fox News senior judicial analyst Judge Andrew Napolitano.

The lawsuit argued that the newspaper's March 27, 2019 op-ed titled “The Real Trump-Russia Quid Pro Quo" amounted to a knowingly false smear intended to "improperly influence the presidential election in November 2020."

"They did a bad thing," Trump said at a coronavirus press conference later Wednesday, before hinting at more litigation. "There will be more coming. There will be more coming.”

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


TOPICS: Constitution/Conservatism; Crime/Corruption; Government; News/Current Events
KEYWORDS: defamation; lawsuit; napolitano; nyt; nytimes; smearcampaign; suing; trump; trumpmedia; trumprussia

1 posted on 02/27/2020 6:06:46 AM PST by ChicagoConservative27
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To: ChicagoConservative27

You’re just mad you did not think of it.


2 posted on 02/27/2020 6:07:13 AM PST by ChicagoConservative27
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To: ChicagoConservative27

I agree with Napolitano. I suspect Trump does too. :)


3 posted on 02/27/2020 6:09:51 AM PST by cuban leaf (The political war playing out in every country now: Globalists vs Nationalists)
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To: cuban leaf

They will dismiss it as easily as I dismiss napolitano.


4 posted on 02/27/2020 6:14:33 AM PST by richardtavor
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To: ChicagoConservative27

They iece said that the case will be dismissed.

But if the residents team c an prove malice of intent , it will NOT be dismissed. The article fails to mention this fact.

Normally libel and slander law in our country is trumped by the guardiance of the 1st amendment, The exceptio is if the inetent , whcih can be rpoven by action and outright statemnts spoken or written, then the case would not be dismissed.

And if they judge does dismiss the case, it can be appealed on both facts and the law.

The President’s team is quite right to bring the case in this instance. There is clear, convincing evidence of malicious intent.

Never Trumper Napaolitano is not being really fair to President Trump in his assessment.He still is petulant about President Trumps not appointing him to a federal court judgeship.


5 posted on 02/27/2020 6:15:55 AM PST by Candor7 ((Obama Fascism)http://www.americanthinker.com/articles/2009/05/barack_obam_the_quintessentia_1.html))
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To: ChicagoConservative27

True. He’s the President. You can accuse him of anything. But they will have to pay someone to defend themselves


6 posted on 02/27/2020 6:16:11 AM PST by AppyPappy (How many fingers am I holding up, Winston?)
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To: Candor7

Here’s the article in question. Reader mode on the browser will get past the nag screen.

https://www.nytimes.com/2019/03/27/opinion/mueller-trump-russia-quid-pro-quo.html


7 posted on 02/27/2020 6:29:01 AM PST by Moonman62 (Charity comes from wealth.)
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To: Candor7

Malice is always very difficult to prove hence few of these suits are successful.

That being said their is demonstrable evidence of malice in this case and it has a chance albeit a modest one.


8 posted on 02/27/2020 6:31:12 AM PST by traderrob6
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To: ChicagoConservative27

Tell it to Nicholas Sandman. I believe we have a pattern here.


9 posted on 02/27/2020 6:32:25 AM PST by jdsteel (Americans are Dreamers too!!!)
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To: ChicagoConservative27

Judge Napolitano on Trump suing NY Times for libel: ‘Clever move, but case will be dismissed’


SoTrump’s got this one in the bag then.


10 posted on 02/27/2020 6:54:21 AM PST by VTenigma (The Democrat party is the party of the mathematically challenged)
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To: Candor7

The case just has to get to discovery to be worthwhile....


11 posted on 02/27/2020 6:55:47 AM PST by mewzilla (Break out the mustard seeds.)
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To: cuban leaf
What Napolitano and other legal critics do not seem to know is that there is good case law that even when superficially stated as mere opinion or meant as an insult, false assertions of fact can be the basis for a defamation suit. That is how Elon Musk got sued for calling a critic a pedophile. Musk won, but only after the embarrassment and risk of a trial.

The suit by the Trump campaign is correctly aimed not against opinion but against a false statement of fact contained in the editorial. The case may ultimately be dropped or lose at trial but it will cause considerable heartburn and expense for the NY Times. Trump, who was a good enough baseball player to have potentially tried for the pros, knows the value of a well-done brushback pitch.

12 posted on 02/27/2020 6:58:10 AM PST by Rockingham
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To: Rockingham

“The suit by the Trump campaign is correctly aimed not against opinion but against a false statement of fact contained in the editorial.”

That is how I see it.


13 posted on 02/27/2020 7:00:22 AM PST by Parley Baer
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To: Parley Baer

Although I am grizzled and cynical from years in politics, my admiration for our magnificent President steadily rises. For years, suing a newspaper for obvious intentional falsehoods has been a pipe dream for GOP candidates and officeholders. Yet Donald Trump has done it, with the news media no doubt secretly fearing that it may become a trend.


14 posted on 02/27/2020 7:28:17 AM PST by Rockingham
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To: ChicagoConservative27

For one or 2 comments, perhaps. This was serial slander, impugning with other lies to make up a narrative of criminal conspiracy. President or not, freedom of the press and freedom of speech doesnt cover that against anyone!. Ask CNN how well it worked out on when they did it to the Covington kid?


15 posted on 02/27/2020 7:58:27 AM PST by Bommer (I am a MAGA-Deplorian! It is the way! It is the only way!)
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To: ChicagoConservative27

President Trump isn’t doing this for the money - so he doesn’t need to win for it to be a win.

He’s going on record - making a public statement - the NY Times did something wrong.

The President is starting a conversation. People are so used to the fake news saying whatever they want, with no push back, we are desensitized.

President Trump is doing this as a wake up call. The public needs to start holding the press accountable for outright lies and slander.

Who cares if the case loses or is dismissed, it is very refreshing to hear someone officially call them out for lying and slandering with malicious intent.


16 posted on 02/27/2020 8:20:29 AM PST by enumerated
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To: Rockingham

I agree with you. President Trump has the balls to do it.


17 posted on 02/27/2020 8:51:48 AM PST by Parley Baer
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To: Parley Baer

Judge Nappy. As useless a source of any information as the New York Times.


18 posted on 02/27/2020 8:59:04 AM PST by JayAr36 (Organized Crime is now in charge of the District of Corruption)
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