Sunday, July 09, 2017

Trump caught by his defamation of women he assaulted

Last fall I suggested both Trump and his campaign could and should be sued by the women he called "liars" when they accused him of assault. Trump also claimed he'd sue for defamation, that was just another lie of his.

So he has been sued, and is trying to wriggle out of it. We'll see what'll happen - the idea that defamation is legally-protected "hyperbole" won't go far, but the problem of suing in state court is a little more serious. The argument is that federal courts are supervised by the executive branch's co-equal, the Supreme Court, to prevent shenanigans while state courts are not. My understanding though is that it's usually not hard to find some reason to file a state law claim in federal court, so this is at most a delaying tactic.

Another issue is that only one woman has sued Trump so far out of the dozen or so he defamed (obviously suing a vindictive millionaire president is not an easy thing to do). A case would essentially come down to credibility - Trump has zero and could be torn apart in court, but you still need a significantly-more credible plaintiff. Playing the numbers game would help, but there's still time for others to bring their own suits.

I've got mixed feelings about the plaintiff lawyer being Gloria Allred. I consider it a strike against a lawyer to be one who hogs the limelight as opposed to lawyers who put the client in front while the lawyer concentrates on winning the case. OTOH, among Trump's many lies is that he doesn't settle suits - he settles them all the time. Allred as a great publicist could help make the downside for Trump sufficient that he settles. Again, we'll see what'll happen. 


Victor Venema said...

If Trump argues that calling her a liar was hyperbole, he more or less admitted that she (mostly) told the truth about the sexual assault.

Is credibility then still important? If Trump himself already admitted it happened.

The remaining question seems to be whether elite billionaire politicians have the right to smear someone because they are campaigning. Americans are not equal before the law, but to use a campaign as excuse seems adventurous.

CapitalistImperialistPig said...

You ought to fix the spelling in your headline.

Brian Schmidt said...

Fixed - thanks!