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 ...
Go ahead and do it Obama. You will have to take the stand. First question Trumps lawyer should ask - “Please state your name and date of birth for the record.” Then Trumps lawyer would say we do not stipulate on the date of birth. Have the court instruct the plaintiff to submit a copy of his BC to the court.
Maybe the families of several hundred people murdered in Mexico can sue obama due to him giving the drug cartels thousands of weapons!
That is what I was thinking, obama wants no part of any court room where he might have to give deposition under oath or testify under oath.
We’d appreciate it if the Democrats would shut their Angry Sedition Monkey up, and get him on a leash...
Everybody but President Trump has as their first inclination to parse and primp their words in lawyerese, which is why they all come off as phony’s,
We need to get on with firing these reprobate Obama holdovers, go for the jugular, leave no stone upturned,
I’m hoping hes kept Corrupt Comey around merely for some as yet undisclosed necessary related reason,
Obunga's a$$ is grass and Trump is the lawnmower.
“........because of the way Trump has leveled unsubstantiated accusations at Obama.........”
Do the authors of this garbage article think Trump is stupid like they are? Trump would never suggest such if he didn’t have the evidence to prove such allegations. I believe where there’s smoke there is fire. Time will tell.
Without having to list the details, Trump makes the suggestion and let the chips fall where they need to fall. The ball if now in Congresses court to prove they have ANY creditability.
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