The Powers That Be: Daily Trump’s $10B War Against the Journal
Jul 23, 2025
Eriq Gardner, a legal expert in media and entertainment, joins Julia Ioffe to dissect Trump’s $10 million defamation lawsuit against The Wall Street Journal. They explore the flimsy nature of the lawsuit, sparked by an alleged birthday card for Jeffrey Epstein. Eriq highlights Trump's potential aim for a settlement instead of a courtroom showdown. The conversation sheds light on anti-SLAPP laws and the implications of lawsuits on media narratives, revealing the complex dance between Trump and influential media figures.
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Florida's Notice Requirement
- Florida law requires plaintiffs to notify publishers and wait five days before suing for defamation.
- Trump's rapid filing of the lawsuit likely violates this rule and undermines the case's credibility.
Actual Malice Is Hard to Prove
- Public figures must prove "actual malice" in defamation cases, showing knowledge of falsity or reckless disregard for truth.
- Trump does not provide strong evidence that the Wall Street Journal acted with actual malice in publishing the article.
Defamation Requires Harm to Reputation
- Defamation requires harm to reputation and specific false claims, not just general negative portrayals.
- Trump fails to clearly articulate how the Wall Street Journal's article harmed his reputation in a legally defamation-worthy way.