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Trump’s $10 Billion WSJ Lawsuit Over Epstein Article Reveals His Lawyers Can’t Read Good

from the slapp-slapp-slapp-slapp dept

We’ve seen some pretty ridiculous lawsuits here at BestNetTech, but the one that Donald Trump filed on Friday against Rupert Murdoch and the Wall Street Journal over the article about the birthday card he was alleged to have given Epstein is so legally incompetent that it reads like a masterclass in how not to file a defamation claim.

The complaint is such a train wreck of basic legal errors and factual misrepresentations that it can only be understood as a SLAPP suit designed to harass the WSJ and force them to reveal sources. The legal malpractice on display would be almost comical if it weren’t so transparent in its authoritarian intent.

Trump is using a Miami law firm that appears to specialize in franchise law—which might explain the amateurish quality of this defamation complaint. When you can’t get competent media lawyers, apparently you make do with whoever will take your money.

Let’s start with what the WSJ actually reported, because the lawyers filing this suit seem to have struggled with basic reading comprehension. It claims that Trump gave Epstein a card for his 50th Birthday that, well, here’s how they describe it:

The letter bearing Trump’s name, which was reviewed by the Journal, is bawdy—like others in the album. It contains several lines of typewritten text framed by the outline of a naked woman, which appears to be hand-drawn with a heavy marker. A pair of small arcs denotes the woman’s breasts, and the future president’s signature is a squiggly “Donald” below her waist, mimicking pubic hair.

The letter concludes: “Happy Birthday — and may every day be another wonderful secret.”

The Journal also includes the type written faux dialogue between Trump and Epstein that was apparently included, which is so bizarre I’m not even going to bother repeating it here.

Here’s where the legal incompetence begins. Trump’s defenders, led by JD Vance, immediately seized on the fact that the WSJ didn’t publish a photo of the letter as somehow “proof” it doesn’t exist:

This reveals a fundamental misunderstanding of how journalism works. Major publications don’t publish stories like this without solid sourcing—the WSJ’s legal team wouldn’t allow it. More importantly, there are often very good reasons for media organizations not to reveal images of documents that have been leaked to them. Just ask Reality Winner. And, of course, I’m sure the Trump regime would love to know who leaked this document, so seeing an image might help reveal that information.

But that doesn’t make it a good legal argument. Unless you’re just trying to flush out the leaker.

So it’s notable that the lawyers decide to lead with that as their key piece of “evidence” that the story is fabricated—a strategy that’s likely to backfire spectacularly when the WSJ produces the letter in discovery (or before).

On the one hand, Defendants Safdar and Palazzolo falsely pass off as fact that President Trump, in 2003, wrote, drew, and signed this letter. And on the other hand, Defendants Safdar and Palazzolo failed to attach the letter, failed to attach the alleged drawing, failed to show proof that President Trump authored or signed any such letter, and failed to explain how this purported letter was obtained. The reason for those failures is because no authentic letter or drawing exists. Defendants concocted this story to malign President Trump’s character and integrity and deceptively portray him in a false light.

That’s a bold claim. It seems like quite the gambit to open with a claim that the letter doesn’t even exist, when it seems quite likely that this argument will come back to haunt them.

Also, the lawyers can’t even accurately describe what the WSJ reported. The complaint claims the article states that “President Trump, in 2003, wrote, drew, and signed this letter.” But that’s not what the WSJ said. The article carefully states the letter bore Trump’s name and signature, and that the drawing “appears to be hand-drawn” without attributing the drawing to Trump.

This isn’t just sloppy—it’s the kind of basic factual error that suggests the lawyers either didn’t carefully read the article they’re suing over, or are deliberately misrepresenting it.

The complaint also has a weird argument about how the WSJ published this as an “exclusive” but then… disseminated it widely. As one does. With news. I don’t know why this paragraph is in here, other than to make it clear that the lawyer who wrote this is unfamiliar with how journalism works:

The Article was published in The Wall Street Journal as an exclusive.1 However, since publication, Defendants have widely disseminated it to hundreds of millions of people worldwide.

They also double down on their claim that it’s impossible that this letter exists, which seems like a kind of lawsuit claim preceding an unfortunate event for them.

Tellingly, the Article does not explain whether Defendants have obtained a copy of the letter, have seen it, have had it described to them, or any other circumstances that would otherwise lend credibility to the Article. That is because the supposed letter is a fake and the Defendants knew it when they chose to deliberately defame President Trump.

But the most egregious nonsense comes in how they identify the allegedly defamatory statements.

In a defamation lawsuit, you have to state which statements made by the defendant were “false statements of fact” and that’s tough to do here, but these lawyers power on through.

They claim, among other things, that the phrase “the letter bearing Trump’s name” is false. They also claim that stating the letter “is bawdy” is false. Calling something “bawdy” would clearly be an opinion based on disclosed facts and literally can’t be defamatory.

But here’s where you know these lawyers didn’t actually read the article they’re suing over. They claim it’s defamatory that the WSJ described some contributors to Epstein’s birthday book as “childhood pals”—and they’re claiming this defames Trump. But look at the sentence:

The album had poems, photos and greetings from businesspeople, academics, Epstein’s former girlfriends and childhood pals, according to the documents reviewed by the Journal and people familiar with them

The “childhood pals” reference clearly refers to other contributors to the birthday book—not Trump. This is such a basic reading comprehension failure that it raises questions about whether these lawyers actually practiced law before filing this complaint.

They separately claim it’s defamatory to claim that Epstein socialized with Trump, which is ridiculous as the evidence for that is widespread, including multiple images, videos, and Donald Trump’s own words

This is not a serious lawsuit that anyone expects to win.

This is a SLAPP lawsuit.

And it asks for $10 billion dollars.

I mean, it’s kinda like this:

The real question is whether this strategy will work. Given that CBS just paid Trump $16 million to settle a similarly frivolous lawsuit, that ABC paid him $15 million to settle another lawsuit, and that Meta paid him $25 million in what amounts to protection money, Trump has good reason to think that flinging enough legal garbage will eventually pay off. Indeed, he crowed about these payoffs on social media as evidence that Murdoch will pay him too.

But this case presents a fascinating test of media power dynamics. Trump is essentially betting that he can bully Rupert Murdoch the same way he’s successfully bullied other media companies. That’s a bold gamble, in part because of how important Rupert Murdoch has been to Trump’s success. Rupert has been a Trump ally for years, but he can be ruthless when his business interests are threatened.

More importantly, the WSJ has the legal resources to fight this, and, hopefully, the financial incentive to do so.

If the WSJ folds here, it would complete Trump’s transformation of SLAPP suits from a nuisance tactic into a reliable revenue stream. The man who famously complained about “fake news” has figured out that threatening to sue over real news is far more profitable.

But Murdoch isn’t exactly known for backing down when someone tries to shake him down. This could get very messy, very quickly—which might be the most entertaining thing to come out of this embarrassing legal filing.

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Comments on “Trump’s $10 Billion WSJ Lawsuit Over Epstein Article Reveals His Lawyers Can’t Read Good”

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43 Comments
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TKnarr (profile) says:

Also, IIRC Trump called the WSJ threatening them with a lawsuit if they published the article before the article was published. If Murdoch was inclined to back down, he’d’ve spiked the article then and there and simply donated to Trump. He let the article go through.

Let the focus on Trump distract from everybody else in Epstein’s notes?

Thad (profile) says:

Re:

I mentioned this in another thread, but I also think the Murdochs have gotten what they wanted out of Trump and they don’t need him anymore. They’ve been trying to turn the base away from him for years, trying to make DeSantis, Ramaswamy, and Haley happen during the primaries; none of that stuck but this looks like it might.

This comment has been deemed insightful by the community.
That One Guy (profile) says:

'Just pay the danegeld and keep your mouth shut and this will all go away...'

You don’t need to have a good or even legally sound case when you can depend upon the risk aversion of companies to pay out rather than fight, and so far that’s been extremely effective when it comes to the regime extorting other media outlets and teaching them their place.

Thad (profile) says:

Re: Re:

Yeah, the Murdochs are always interested in getting richer but these past 15 years or so they’ve focused on making their companies smaller, not bigger.

Obviously they’ve gotten a lot of value out of being friendly with Trump, but he was never their first choice and they tried to undermine him in both primaries.

They like the tax cuts but they don’t like the tariffs, the threats to the fed, all the other threats to their money. Plus I’m pretty sure they just plain don’t like him. And I can guaran-goddamn-tee they’ve got better lawyers than he does.

I think there’s a very good chance they see more financial benefit to running with the Epstein story than to keeping Trump happy at this point. (At least in the WSJ. Fox News is a different audience, a separate company, and a different value proposition.) At best (for them) they can weaken him and leave an opening for someone they like better, like Vance; at worst, at least it’ll sell a lot of papers.

David says:

You what is actually harmful for his reputation?

It gets people to think about the whole accusation and what they consider in and out of character for Trump.

And the problem is that the most implausible things here are that Trump can spell, and even draw an outline recognisable as female. That seems way too sophisticated to be in character.

Being close to Epstein and doing bawdy best wishes, in contrast, would surprise nobody.

And it is not good PR to give people an opportunity to realize that the thought of their president being a sleazy immoral corrupt detestable lying low-life pig is nothing that would keep them up at night.

MrWilson (profile) says:

Re:

And the problem is that the most implausible things here are that Trump can spell, and even draw an outline recognisable as female. That seems way too sophisticated to be in character.

But this was written in 2003 when the syphilis was still dormant. He was a smarmy idiot who thought he was smarter than he actually was back then, but he was more coherent than he is now. And the letter was typed, which means that he could have dictated it.

n00bdragon (profile) says:

Every previous time I’ve felt that Donald J. Trump has unquestionably stepped on a landmine that would be his undoing it somehow, against all odds, has worked out for him. I am once again inclined to believe that this time he has really done it and that the whole sordid Epstein-Trump connection that was always understood to exist but never really focused on will finally spill out into the open for all to behold.

But some pessimistic thread in my head is thinking “why is this time different than all the others?” I can’t put my finger on why.

Thad (profile) says:

Re:

I posted this a couple of days ago but it was a Saturday afternoon so I’m not sure how many people saw it so I’ll post again:

I’ve had a lot of trouble understanding why, after everything else, this is the thing that seems like it’s actually got his base turning on him. Best theory I’ve been able to come up with is this:

They feel the same sense of dread and malaise as the rest of us. Eggs are still expensive, even most fascists probably don’t want unaccountable masked thugs picking up people off the streets in their neighborhood, basically even they can see that everything’s going to shit.

But they can’t admit to that. They can’t admit this isn’t really what they wanted. And they sure as hell can’t admit they made a mistake, not even to themselves.

But Epstein? Here’s an honest-to-fuck government coverup that just happens to play into every antisemitic conspiracy theory Fox News has been drip-feeding them for the past 30 years. So they channel their anger into that, because they can’t admit it’s not what they’re really angry about.

Bilateralrope (profile) says:

Re:

The difference is that all the previous times I thought that something would break Trump’s reputation, it was because I saw it as a bad thing. Then found out that his supporters didn’t care.

With Epstein, my initial thoughts after the announcement that nothing would be made public was a lack of surprise. After everything else, I didn’t expect anything to come of this.

Until the conspiracy nutters among his supporters started complaining. Those complaints are why I think this time might be different.

ECA (profile) says:

Publiush the rest of it..

“The album had poems, photos and greetings from businesspeople, academics, Epstein’s former girlfriends and childhood pals, according to the documents reviewed by the Journal and people familiar with them”

This sounds like a Interesting Book. LETS SEE IT.
Print it, and charge $10 for it, as porn. Make you rich.

Anonymous Coward says:

Every accusation is a confession

Remember the Comet Ping Pong debacle?

That was clear, unmistakable signal that some number of highly-placed Republicans were engaged in rape and pedophilia. They might as well have just put up a billboard announcing it. After that, it was just a matter of working out who and where and when.

Well, now it’s coming out, much too slowly and much too late of course, but despite every attempt to keep that information hidden, it’s coming out. Those involved are hoping to run out the clock and be safely dead before the shitstorm hits, and they may well do that. But I can only hope that some people with some remaining shred of human decency will make sure that it all comes out, no matter who’s involved, so that something vaguely resembling justice can be done.

Doctor Biobrain (profile) says:

Normal Response: This was just an inside joke between friends and should not be understood in the context of what was later learned about Mr Epstein’s private life.

Vance Response: Pics or it didn’t happen, bro!

Trump Response: Everyone look at the most disgraceful news article of all time! It makes me look like history’s greatest monster! My former friend and boss Rupert Murdoch must pay!!

The first response wouldn’t change any minds. The second is dumb and defensive. The third is the dumbest move possible, which is why it was entirely expected from Trump.

Whoever says:

How to pay off President Trump.

Obviously, one can’t just dump a load of money in his bank account. So, do something that will prompt a lawsuit from Trump; then, even though you could easily win the lawsuit, settle for tens of millions of dollars.

Perfectly legal transfer of money from your account to Trump’s. No bribery here.

RP says:

Good article, but

Regardless of media reports, the demand is for not less that $20 billion. $10 billion for the defamation per se that … I guess that the card exists with Trump’s signature and $10 billion more for the implied defamation that Trump associated with Maxwell and Epstein?

So that the article has a headline with “His Lawyers Can’t Read Good” is a bit embarrassing on this point.

Now onto my rant (expanded from last week):

So you’ve been sued by the President, how is that fair?

I submit it is the court’s responsibility to make it fair. Immunity can’t be both sword and shield.

一方的に攻撃できるほど世の中甘くない
“The world is not so easy that we can attack one-sidedly.“
— Title of Season 1, Episode 3 of “My Instant Death Ability Is So Overpowered, No One in This Other World Stands a Chance Against Me“

Presidential duties and a implied immunity insulate a president from being bothered by civil lawsuits for the performance of official acts. But here he waives that immunity to demand billions in (undocumented) damages, subjecting himself to the jurisdiction of the court as far as Article II will let him.

The court should take the $20 billion dollar claim at face value and let Murdoch do a full forensic examination of all Trump’s businesses and holdings to quantify these claimed losses and their causes. Any failure of candor, any failure to conform to discovery should be penalized with the adverse finding that Trump is the true author of the letter exactly as described in the article and complaint, and that Murdoch should be reimbursed in total for all associated legal costs. And since there might be limits on the court’s ability to impose fines and costs on the Article II president, his attorneys should be held jointly liable for this very serious matter.

Because, the focus of all this nation’s media wouldn’t just abuse the court system to manipulate the press, would he?

RP says:

Good article, but (2 of 2)

You malign the lawyer, but this is the same lawyer who was there for ABC’s $15 million payola to the presidential library + $1 million to lawyer. The same lawyer who penned the threat letters to CNN and New York Times for Trump in June.

He may be a franchise law lawyer, but Trump is his franchise now and ignorance of the 1st Amendment is part and parcel of that game.

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