Quantcast

JARRETT: Trump’s Libel Case Against NYTimes Meets the High Legal Standard

‘If the Times stands by the accuracy of its own reporters and the veracity of their stories, then it knew or should have known that Frankel’s column was false…’

Gregg Jarrett / IMAGE: Fox News via Youtube

(Ben Sellers, Liberty Headlines) Fox News legal analyst Gregg Jarrett on Friday countered left-wing claims that President Donald Trump’s recent libel lawsuit against The New York Times was doomed to fail with a prompt dismissal.

Refuting the Times’ first line of defense—that the article was expressing an opinion protected under the First Amendment—Jarrett argued that the op-ed exceeded the scope of “opinion” in falsely claiming that Trump struck a quid-pro-quo bargain with Russia.

“In the months before the op-ed was published, reporters for the newspaper wrote at least four articles explaining that there was no evidence of a ‘deal’ or ‘quid pro quo’ between the Trump campaign and Russia,” Jarrett wrote in a post on his website.

...article continued below
- Advertisement -

“In essence, the Times confirmed in advance what special counsel Robert Mueller would eventually conclude in his April 2019 report,” he said.

The article in question ran on March 27, at which point the summary conclusions of the two-year Mueller report had been made public, although the report, itself, was continuing to be vetted and redacted by the Justice Department.

In the newspaper’s article, former Times executive editor Max Frankel asserted that although Mueller’s investigation debunked the question of collusion—an abstract, non-legal term that would be difficult to prosecute—there was, nonetheless, a tangible exchange of benefits between Russia and Trump.

In return for Russia’s hacking of emails from Democratic rival Hillary Clinton, which later were posted on Wikileaks to expose her campaign’s unethical and corrupt practices, Frankel claimed that Trump offered the Kremlin a more favorable foreign policy.

...article continued below
- Advertisement -

But as Jarrett contended, Trump’s case not only should proceed on its merits, but it also could prove that the claims, on their face, were knowingly false statements, recklessly intended to damage the president—thereby meeting the standard for libel of a public figure.

He notes the precedent-setting 1964 case (also involving the newspaper), New York Times vs. Sullivan, which determined that a publication must have acted with “actual malice” in order for libel or defamation to have occurred.

“Can the Trump campaign show that the Times had ‘actual malice’? The evidence is contained in its own reporting,” Jarrett said.

“The newspaper’s previously published articles undermined or contradicted Frankel’s statement,” he continued. “… If the Times stands by the accuracy of its own reporters and the veracity of their stories, then it knew or should have known that Frankel’s column was false.”

- Advertisement -

TRENDING NOW

Overwhelmed Border Patrol Hiring Civilians to Free Up Agents for the Field

(Headline USA) Dozens, even hundreds, of asylum-seeking migrants often wait hours to surrender to U.S. Border Patrol agents, but the thousands of Haitians gathered...

Texas Doctor Performed 67 Abortions on Day Before Ban Went Into Effect

The Texas doctor who performed 67 abortions in less than 17 hours right before the state’s pro-life law went into effect claimed that night was...

MURDOCK: Democrats Plot War on New Drugs

(Deroy Murdock) Joe Biden's, Nancy Pelosi's, and Bernie Sanders's $3.5 trillion spending orgy includes a poison pill -- almost literally. The Congressional Budget Office estimates...

Pentagon Admits It Royally F***ed Up in Kabul Drone Strike

(Headline USA) The Pentagon retreated from its defense of a drone strike that killed multiple civilians in Afghanistan last month, announcing Friday that a...

FDA Advisory Panel Rejects Pfizer’s Bid to Push Boosters on Already Vaxxed Suckers

(Headline USA) An influential federal advisory panel has soundly rejected a plan to offer Pfizer booster shots against COVID-19 to most Americans. The vote Friday,...

Milley Downplayed 2020 Floyd Riots; Not Comparable to Jan. 6 ‘Treason’

General Mark Milley called the nationwide riots that arose after George Floyd's death in May 2020 "penny packet protests" and contended that they did...

Leftist Judges Declare NC Voters, Lawmakers RACIST for Demanding Voter ID

(Headline USA) Left-wing judges in North Carolina struck down the state’s latest photo voter identification law on Friday, agreeing with activist groups that rules...

Capitol Police Prep for Possible Jan. 6 Repeat at Saturday’s ‘Justice’ Rally

(Headline USA) Although many are skeptical that Saturday's "Justice for J6" rally on the National Mall will come anywhere near the size and scope...

Trump Calls on Raffensperger to Probe 43K Invalid Votes in DeKalb Co.

Former President Donald Trump formally called on Georgia Secretary of State Brad Raffensperger to examine 43,000 ballots in DeKalb County that violated the state's...
- Advertisement -