Trump And Defamation Suits

Pressure tactics

It was startling, but not surprising, to hear that ABC has to pay Trump a huge settlement because its anchor, George Stephanopolous, said on-air that Trump is a rapist, when legally, he is not. The court found Trump to be guilty of sexual abuse, not rape. I recall that verdict well, because I went to that trial and live-drew it. That distinction seems dubious no matter how you look at it, but the jury just couldn’t bring themselves to call what he did to E Jean Carroll rape.

Today there is a front page story in the NY times about how Trump and his people are constantly threating lawsuits over the coverage of his nominees. Some of these threats are coming in letters, some on-air. Apparently, it is a high bar to win a defamation lawsuit. In the Times story, it is reported that even before the settlement with NBC was reached, a prominent media lawyer said she expected that the trend “is only going to increase,” given the political environment.”

Particularly as it pertains to the nominee for Pentagon chief, Pete Hegseth. He was accused of a sexual assault in 2017, and settled with the accuser, who signed an NDA at the time.

In an article in the NY Times moments ago, it is reported that Hegseth told Lindsey Graham that the nominee is releasing the woman to speak freely. However, if she does, and if she repeats her claims, Hegseth’s lawyers warned that she will be slapped with a lawsuit. I feel for this woman, this is a very hard position to be in. In this hyper-masculine environment we find ourselves in politically, and as a culture, we know she will be savaged if she even dares to share her name and image.

Hegseth’s lawyer, Timothy Parlatore, warned Vanity Fair and The New Yorker not to publish articles about Hegseth. They did; here and here are ones recently published in The New Yorker.

Trump’s threats won’t work with good journalists (not implying Stephanapolis isn’t a good journalist, but unfortunately what he said was not legally acurate). What Trump is trying to do with his nominees Hegseth and Patel, are shape articles, force any undesirable content off pages and broadcast media.

Unfavorable coverage is not illegal. I, of course, am not a lawyer, but it sounds like defamation is very hard to prove. If a news outlet describes Hegseth as a heavy drinker whose work was affected because of his drinking, it should backed up by several actual reports on this behavior—- it has been. It can be reported that he was acused of sexual assault, because in fact he was. According to Jane Mayer of The New Yorker,

“A trail of documents, corroborated by the accounts of former colleagues, indicates that Hegseth was forced to step down by both of the two nonprofit advocacy groups that he ran—Veterans for Freedom and Concerned Veterans for America—in the face of serious allegations of financial mismanagement, sexual impropriety, and personal misconduct.”

Hegseth’s lawyer responded to the article : “We’re not going to comment on outlandish claims laundered through The New Yorker by a petty and jealous disgruntled former associate of Mr. Hegseth’s. Get back to us when you try your first attempt at actual journalism.”

I am all for giving people a second chance if they have had a substance abuse problem; I am less clear on my feelings towards people who have had sexual assault problems. But given there are so many potential candidates who would start the complex and enormously powerful job of running the Pentagon with no baggage, it makes no sense to confirm Hegseth. I fear he will get confirmed.

Continued, persistent, level-headed reportage on the actions of Trump—not his personality, but his actions—is what we need to keep doing. As nervous and angry as we are, it’s what is needed. The stories about the increase in defamation lawsuit threats is an example; Trump is pressuring the media to conform to what he wants. That’s a fact.

Support the brave media that is not backing down. I am proud of The New Yorker.

Thanks for being here. Happy Sunday evening!