A former federal prosecutor on Monday revealed all of the ways President Donald Trump’s latest lawsuit threat could backfire on him.
Trump threatened to sue comedian Trevor Noah after he made a joke about Trump being on the infamous “Epstein Island” during the 68th annual Grammy Awards on Sunday. Noah is the latest comedian to be targeted by Trump for making statements the president didn’t like.
“WRONG!!! I can’t speak for Bill [Clinton], but I have never been to Epstein Island, nor anywhere close, and until tonight’s false and defamatory statement, have never been accused of being there, not even by the Fake News Media,” Trump wrote on Truth Social. “Noah, a total loser, better get his facts straight, and get them straight fast. It looks like I’ll be sending my lawyers to sue this poor, pathetic, talentless, dope of an M.C., and suing him for plenty$.”
Glenn Kirschner, a former federal prosecutor in Washington, D.C., revealed in a new YouTube video on Monday that there are multiple ways Trump’s threat could blow up in his face.
Kirschner pointed out that comedic expression is protected by the First Amendment. He added that Trump’s threat of bringing a defamation case would require the president to prove that what Noah said is false, presented with actual malice, and that damage was caused to his reputation, among other elements. Kirschner said it’s unlikely that Trump can prove any of these elements in court.
“What are [the] damages?” Kirschner asked. “Donald Trump would have to prove harm to his reputation or financial loss. Is there really anything that could be said about Donald Trump, particularly regarding the Epstein files …? Could anybody say anything that would harm his reputation after that?”
Kirschner added that if Trump were to file the lawsuit, he would be subject to the discovery process, which could require the president to release more damaging information about himself. He would also be forced to answer questions about the case under oath, something the president has desperately sought to avoid.
“I can’t imagine there’s any lawyer on this planet who wouldn’t relish the opportunity to put Donald Trump under oath and cross-examine him about, among other things, all things Epstein,” Kirschner said.
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