Category: Vexatious Litigation

Trump Suggests Curtailing First Amendment

During an interview with CBS Miami, Donald Trump said he’d like to change the nature of the First Amendment in order to make it easier to file libel lawsuits against the media.

Trump spoke with Jim DeFede on Sunday, and he was asked about whether he feels that “too much protection” is given to the free press. Trump affirmed his belief on this issue, stating that America should lean towards the United Kingdom’s system for libel because it gives people who sue media agencies “a good chance of winning.”

“Our press is allowed to say whatever they want and get away with it. And I think we should go to a system where if they do something wrong… I’m a big believer tremendous believer of the freedom of the press. Nobody believes it stronger than me but if they make terrible, terrible mistakes and those mistakes are made on purpose to injure people. I’m not just talking about me I’m talking anybody else then yes, I think you should have the ability to sue them.”

Under English law, defamatory statements are assumed to be false, and the burden of proof lies with the defendant to show that their statement is true. While Trump talked about this system, Trump said that the American press is never compelled to apologize, and that “they can say anything they want about you or me and there doesn’t have to be any apology.”

Trump’s relationship with the media has been complicated to say the very least. Throughout his campaign, Trump blacklisted news agencies for months, ranted about “dishonest” journalists numerous times, and has threatened to expand libel laws as president.

Recently, the litigious Trump has threatened to sue The New York Times for publishing his old tax information. He has also made similar legal threats to sue the women accusing him of sexual abuse, along with media outlets giving them coverage.

(h/t Mediaite)

Media

CBS Miami

Trump Vows to Sue All Female Accusers

Donald Trump vowed Saturday to sue the women who have accused him of sexual misconduct in recent weeks.

“Every woman lied when they came forward to hurt my campaign,” Trump said during remarks in Gettysburg, Pennsylvania. “Total fabrication. The events never happened. Never. All of these liars will be sued after the election is over.”

He added that a “simple phone call” to major news outlets “gets them wall-to-wall coverage with virtually no fact-checking ever.”

In the last two weeks, at least 10 women have come forward accusing Trump of inappropriately touching them. Their allegations came after a 2005 videotape surfaced of

Trump bragging about being able to grope women and get away with it.

Trump often threatens to file lawsuits without actually doing so. Earlier this month, he threatened to sue The New York Times when it published assault allegations against him, but nearly two weeks later, he has declined to follow through.

Trump went on to suggest Saturday that Hillary Clinton’s campaign was behind the women’s allegations.

“It was probably the (Democratic National Committee) and Hillary’s campaign who put forward these liars with their fabricated stories,” he said. “But we’ll probably find out later through litigation, which we’re so looking forward to.”

Asked about Trump’s claim, Clinton, speaking to reporters aboard her campaign plane Saturday night, simply said, “That’s just not accurate.”

(h/t CNN)

Reality

Donald Trump regularly threatens to sue individuals who criticize him, but rarely follows through. But when he does and on the occasions that he wins he ruins that person’s life, like former Miss Pennsylvania Sheena Monnin, who was forced to pay Trump $5 million dollars after a judgement went against her.

Lisa Bloom, who represents Jill Harth, who has accused Trump of making unwanted sexual advances on her on two separate occasions in the early 1990s, replied to Trump on Twitter Saturday afternoon.

“If Trump sues accusers we then have subpoena power to require not only Trump but all his enablers to appear for depositions. A field day,” Bloom said as part of a series of tweets.

Media

Trump Threatens to Sue New York Times Over Groping Story, Times Dares Him To

Donald Trump is threatening to sue The New York Times for defamation in response to a Times article published Wednesday night that quoted two women who accused Trump of kissing and groping them without their consent.

Times reporter Megan Twohey wrote in the article that when she asked Trump on Tuesday night to comment on the allegations, he called her “a disgusting human being,” accused the Times of making up the story and said that he would sue the paper if it ran the story.

Then on Wednesday, one of Trump’s lawyers sent a formal letter to the Times threatening a lawsuit if it published the story, according to CNN’s Brian Stelter.

Shortly after midnight on Thursday, the Trump campaign emailed reporters a letter that a lawyer representing Trump had sent to Times Executive Editor Dean Baquet.

The Times is standing by its story.

“I think it is pretty evident this story falls clearly in the realm of public service journalism, and discussing issues that arose from the tape and his comments since it surfaced,” Times editor Dean Baquet told Stelter.

Trump has threatened legal action against the Times and other news organizations before. Two weeks ago, his lawyer Marc Kasowitz threatened to sue the paper for invasion of privacy after it published excerpts from his tax returns. Trump subsequently talked up the potential for a suit in rallies and appearances, finally saying he wouldn’t do it yet but was keeping an eye on the newspaper’s coverage of him.

On Wednesday night, The Palm Beach Post and Yahoo News reported on additional allegations of sexual harassment against Trump. The Palm Beach Post interviewed Mindy McGillivray, who said that Trump groped her at his Mar-a-Lago estate 10 years ago. Yahoo quoted a Facebook comment from Cassandra Searles, Miss Washington 2013 in Trump’s Miss Universe pageant, who wrote that Trump had grabbed her and invited her to his hotel room.

Trump has denied both allegations. Post publisher Tim Burke told POLITICO that he’s not aware of the paper receiving any legal threats from Trump or his campaign.

(h/t Politico)

Reality

The Times responded Thursday with a letter daring Trump to go through with a lawsuit.

Trump Threatens to Sue Clinton Over Attack Ads That Use His Own Words

Donald Trump is taking his penchant for lawsuits on the campaign trail. On Wednesday during a rally in Henderson, Nevada, the Republican presidential nominee threatened to take legal action against Hillary Clinton for a “nasty” television ad the campaign ran against him.

“I saw today — I left the room and I saw a commercial where it was really a nasty commercial, totally made up about me with vets,” Trump told the crowd. “There is nobody that loves the vets more or respects the vets more. They’re spending hundreds of millions of dollars on false commercials, and it’s a disgrace.”

“So what we’ll do — I guess we’ll sue them,” he said. “Let’s sue them.”

It was not immediately clear which ad Trump was referring to, but last month, the Clinton campaign premiered a 30-second spot that slams Trump and features veterans. The “Sacrifice” ad, like other Clinton ads targeting Trump, relies on Trump’s own words for its impact on voters.  It shows a montage of veterans and their families as they watch Trump on television criticizing the military.

“I know more about ISIS than the generals do,” Trump’s voice says from a TV screen as a Navy veteran looks on.

One veteran with an artificial leg, along with his family, watches as Trump blasts Republican Sen. John McCain of Arizona, a former prisoner of war, as someone who was “not a war hero.”

“He’s a war hero because he was captured,” Trump says. “I like people who weren’t captured, OK?”

Here’s the video in full:

During last week’s first presidential debate in New York, Trump also slammed Clinton for her “very nasty commercials… which I don’t do on you.”

In fact, Trump has run negative ads against Clinton, including ones that have said Clinton “put our national security at risk” and have called her “careless, reckless, crooked.”

(h/t CBS News)

Media

https://www.youtube.com/watch?v=4K_GR5xWuMM

Trump Threatens to Sue New York Times

Donald Trump threatened to sue The New York Times on Twitter after posting several other messages blasting the paper and its well-known columnist Maureen Dowd.

“My lawyers want to sue the failing @nytimes so badly for irresponsible intent. I said no (for now), but they are watching. Really disgusting,” Trump tweeted.

Trump, the Republican presidential nominee, posted several other tweets Saturday attacking the Times and Dowd, calling her a “neurotic dope.”

On Saturday, the Times published a story digging into Trump’s reliance on tax breaks to build his New York real estate empire. It put the total value of tax breaks on Trump properties at at least $885 million.

(h/t The Hill)

Reality

Trump has had a long history of harassing the press and individual journalists for reporting on what he says.

In the past, Trump has made his feelings known that journalists should be “congratulating” him, which is not their jobs and sounds more like the role of the press in soviet Russia.

Melania Trump Sues Daily Mail and US Blogger for $150m Over Sex Worker Claims

Melania Trump filed a lawsuit against the Daily Mail and a Maryland political blogger on Thursday for publishing “false and tremendously damaging” statements claiming the would-be first lady previously worked as an “escort,” according to court documents and her lawyer.

Trump sued Mail Media, Inc. which publishes the Daily Mail, as well as Webster Griffin Tarpley, who runs the blog Tarpley.net, in a lawsuit filed in the state circuit court of Montgomery County, Maryland.

“These defendants made several statements about Mrs. Trump that are 100% false and tremendously damaging to her personal and professional reputation,” lawyer Charles Harder said in a statement. “Their many lies include, among others, that Mrs. Trump supposedly was an ‘escort’ in the 1990s before she met her husband.”

Harder famously represented Hulk Hogan in his lawsuit against Gawker Media, which eventually led to the site shutting down.

The lawsuit cites an article on Tarpley.net that alleged that Melania Trump worked as a “high-end escort” and suffered from a “full-blown nervous breakdown” after the Republican convention, as well as an article published on the Daily Mail website referencing similar claims.

The suit says Trump is going after both publications for “in excess of $75,000” but Harder said in his statement that the “Defendants’ actions are so egregious, malicious and harmful to Mrs. Trump that her damages are estimated at $150 million dollars.”

Tarpley removed the blog in question and published an apology and retraction on or about August 22, according to the suit.

But Tarpley also issued a response to the legal filing saying, “Melania Trump’s lawsuit against me is without merit. Mrs. Trump is a public figure actively engaged in the Trump for president campaign. We are confident that Mrs. Trump will not be able to meet her high burden of proving the statements published about her on my website were defamatory in any way. Her lawsuit is a blatant attempt to intimidate not only me but journalists of all stripes into remaining silent with regard to public figures. This lawsuit is a direct affront to First Amendment principles and free speech in our democratic society.”

The Daily Mail also published an extensive retraction online on Thursday, saying the article “did not intend to state or suggest that these allegations are true, nor did it intend to state or suggest that Mrs. Trump ever worked as an ‘escort’ or in the ‘sex business.'”

“To the contrary, The Daily Mail newspaper article stated that there was no support for the allegations, and it provided adamant denials from Mrs. Trump’s spokesperson and from Mr. Zampolli,” the retraction said.

The Daily Mail’s retraction pointed out that “Among other things, the article noted that allegations have been made in a book available on Amazon about a modeling agency where Mrs. Trump worked in Milan being ‘something like a gentleman’s club,’ and an article published by Suzy, a Slovenian magazine, alleged that Mrs. Trump’s modeling agency in New York … ‘operated as an escort agency for wealthy clients.'”

Trump had previously placed several news organizations on notice of her legal claims, including the Daily Mail, according to statement from Harder on August 23.

(h/t NBC News)

Reality

We do not support false allegations, we do not believe Mrs. Trump was an escort, however we are tracking this as part of our database for yet another instance of the Trump family harassing the press with lawsuits. Please don’t sue us.

Judge Orders Trump to Pay Nearly $300,000 in Attorney’s Fees in Doral Painter’s Lawsuit

While developer Donald Trump was busy getting the Republican Party’s presidential nomination this week, he was losing big in a Miami-Dade County courtroom.

Circuit Court Judge Jorge Cueto, presiding over a lawsuit related to unpaid bills brought by a local paint store against the Trump National Doral Miami golf resort, ordered the billionaire politician’s company to pay the Doral-based mom-and-pop shop nearly $300,000 in attorney’s fees.

All because, according to the lawsuit, Trump allegedly tried to stiff The Paint Spot on its last payment of $34,863 on a $200,000 contract for paint used in the renovation of the home of golf’s famed Blue Monster two years ago.

Trump National’s insistence that it had “paid enough” for the paint despite a contract, according to the lawsuit, caused The Paint Spot to slap a lien on the property and Cueto to order the foreclosure sale of the resort.

In time, Donald Trump’s company got the judge to cancel the June 28 courthouse auction after it placed the $34,000 in escrow, and the case was put on hold while Trump National’s owner, Trump Endeavor, considered an appeal.

But the lien remained.

And Cueto was asked to rule on the fees for The Paint Spot’s three $500-an-hour attorneys and two $150-an-hour paralegals that lawsuit loser Trump Endeavor will have to pay.

The golf company, according to the court file, objected to the hourly rates because it paid its lawyers $400 an hour, according to court records.

This week, Cueto ruled that the fees were reasonable, and then some.

First, he ruled Trump should pay for nearly 500 hours of legal work, since the store’s legal team had to prepare for a trial that never took place.

Then, Cueto tacked on a 75 percent “risk” fee, partly because the store’s lawyers took the risk that they would never be paid if they lost.

Total: $282,949 and 91 cents, including copying and expert testimony.

“I’m happy I have a judgment,” said Juan Carlos Enriquez, owner of The Paint Spot. “But he [Trump] hasn’t paid yet.

“You know how he says he’ll surround himself with the greatest people if he is president? In this case, he might not be surrounded by the right people.”

Trump bought the property in 2012 for $150 million then launched into a major renovation.

Alan Garten, Trump’s in-house lawyer, didn’t return a call for comment.

(h/t The Miami Herald)

Update

Trump appealed but a state appeals court in Florida on Thursday affirmed a circuit court’s decision to order Trump National Doral Miami golf resort to pay a small paint company and its attorney hundreds of thousands of dollars after failing to pay a tenth of that for paint and other materials during a renovation project.

Former Ghostwriter Sued by Trump Shortly After Making Critical Comments

The ghostwriter of Donald Trump’s 1987 memoir “The Art of the Deal” reveals he has received a cease and desist letter from the Republican presidential nominee following an interview with The New Yorker where he made unflattering comments about the billionaire, such as calling him a “sociopath” and describing as having “no attention span.”

“Yes, it is true. I got almost immediately this cease and desist letter delivered to me by FedEx and it’s nuts, and completely indicative of who he is,” Tony Schwartz told MSNBC.

Schwartz said the letter wanted him to return all the royalty payments he made from the book.

In an interview with The New Yorker, the writer said he put “lipstick on a pig” over a mythical figure in Trump he helped to create in the memoir.

“I feel a deep sense of remorse that I contributed to presenting Trump in a way that brought him wider attention and made him more appealing than he is,” Schwartz told The New Yorker. “I genuinely believe that if Trump wins and gets the nuclear codes there is an excellent possibility it will lead to the end of civilization.”

Schwartz told MSNBC that there was “no basis in anything legal” in the letter.

“I suspect Donald Trump called up his chief legal person and said, ‘Go after that guy and do whatever you have to do.’ So this poor head of legal affairs for the Trump organization had to concoct some … stuff about most of which is untrue,” he said.

He continued, “So, for example, this notion I didn’t write the book is so preposterous. I am not certain Donald Trump read every word, but I’m sure certain I wrote every word. He made a few red marks on the manuscript and sent it back to me and the rest was history. The idea that he would dispute that is part of why I felt I had to come forward, the notion that if he could lie about that, he could lie about anything.”

Howard Kaminsky, the former head of Random House, which published “The Art of the Deal,” agreed with Schwartz’s statements.

“Trump didn’t write a postcard for us!” he told The New Yorker.

(h/t CBS)

Media

Trump Seeks $10M From Former Staffer Over Nondisclosure Agreement

Donald Trump is insisting that aides stick to confidentiality agreements — so much so that he is suing a former campaign consultant for $10 million, his lawyer said.

“He’s violated his agreement and you know we have taken swift and appropriate action,” Alan Garten, executive vice president and general counsel at The Trump Organization, told USA TODAY. “We intend to pursue this to the very end.”

Court documents obtained by the Associated Press indicate Sam Nunberg has been accused by Trump of leaking confidential information to reporters in violation of his non-disclosure agreement. Nunberg, in response, accuses the Republican candidate of “a misguided attempt to cover up media coverage of an apparent affair” between senior campaign staffers.

Reports the AP:

“The document cited a New York Post story about a public quarrel between the staffers published last month.

“The legal dispute reflects Trump’s efforts to aggressively protect the secrecy of his campaign’s inner workings. The case is spelled out in court documents that sought to block private arbitration proceedings that Trump initiated in May.”

Garten called Nunberg “a disgruntled former consultant” and said that after the original arbitration was filed “Nunberg asked for his job back.”

(h/t USA Today, Page Six)

Reality

Sam Nunberg has filed sensational legal papers against the presidential hopeful’s campaign, alleging he was wrongly accused of leaking a story to Page Six about a “lovers’ quarrel” between the mogul’s publicist and campaign manager.

Nunberg, who worked as a strategic adviser for Trump but was fired last year, claims in the papers that, because he then endorsed Sen. Ted Cruz, the Trump campaign is “attempting to bring a frivolous and retaliatory arbitration proceeding against me essentially to punish me and shut me up.”

Things further soured between him and the Trump campaign after Page Six exclusively reported in May on a public “screaming row” between the mogul’s polarizing former campaign manager, Corey Lewandowski, 42, and Trump spokeswoman Hope Hicks, 27, who deny rumors they had an affair. Lewandowski is married with four kids.

Nunberg says in his response filed in New York Supreme Court,

“The Trump campaign is misguidedly and improperly attempting to use the sword of private arbitration proceeding against me to silence media coverage of a loud and angry argument on a public street between its former campaign manager Corey Lewandowski … and a female Trump campaign staffer, concerning their sordid and apparently illicit affair, which … was witnessed by another Trump campaign staffer, as reported in the New York Post, Page Six.”

Nunberg also claims that there were many witnesses to the “lovers’ quarrel” that took place at 61st Street and Third Avenue, which he describes as “a public inappropriate display by the former campaign manager and, upon information and belief, his paramour.”

He continues, “I did not provide the New York Post with any information concerning that embarrassing and lurid event … [I] learned of it … long after my consulting agreement had been terminated … This tawdry public incident between Mr. Lewandowski and a female Trump campaign staffer occurred well after the termination of my consulting agreement.”

Nunberg claims the Trump campaign has falsely used the Page Six story as an excuse to accuse him of breaching his confidentiality agreement. He alleges Lewandowski “used as a pretext an eight year old Facebook post to have me terminated … [he] and other staff members colluded to leak the Facebook post to the press.” Nunberg denied making the racially charged posts about the Rev. Al Sharpton’s daughter and another calling President Obama a “Socialist Marxist Islamo Fascist Nazi Appeaser.”

However several websites had reported and captured Nunberg’s many racist social media posts.

Of his decision to back Cruz, Nunberg — who started working for Trump in 2011 and says he ghost-wrote many of the outspoken mogul’s political tweets — adds, “I am ready, willing and able to defend myself against such claims … the ridiculous nature of the Trump campaign’s irrational and vindictive assault against me simply for exercising my fully justified and constitutionally protected rights to change political allegiance and vote as I choose.”

Nunberg has filed a motion to stay the confidential arbitration, initiated by the Donald Trump campaign organizations. Nunberg also wants to make the proceedings public.

Trump Attorney Threatens to Sue, Then Demands Retraction From New York Times

A Trump Organization attorney suggested Monday night that Donald Trump might sue the New York Times over a Sunday front page story about his behavior around women. Then on Tuesday morning, another Trump attorney said “I don’t think that this is going to end up in litigation,” but called on The Times to retract the story and apologize.

The newspaper will not be doing either. It is standing firmly behind the story, which was the product of weeks of intensive reporting.

Michael Barbaro and Megan Twohey’s reporting, including 50-plus interviews, revealed examples of “unwelcome advances, a shrewd reliance on ambition, and unsettling workplace conduct over decades.”

Trump began criticizing the story on Sunday morning, declaring that it was “a lame hit piece” and “a joke.”

Later in the day Trump tweeted:

He kept up the critique on Monday morning. He seized on a Fox interview with the first woman mentioned in the story, former girlfriend Rowanne Brewer Lane, who said the Times “spun” her words to make them seem negative.

Brewer Lane did not dispute any of the specific quotes or ask for a correction. But her complaint — repeated on CNN later on Monday morning — was enough for Trump to claim that the story was a “fraud.”

He called up CNN’s “New Day” control room to point out the Fox interview. And he tweeted, inaccurately, that the whole story has been “proven false.” He also told his Twitter followers that nothing in the newspaper could be trusted: “Who can believe what they write after the false, malicious & libelous story they did on me.”

Trump’s use of the word libelous stood out to some observers since Trump has talked repeatedly about wanting to “open up the libel laws” to make it easier to sue media companies.

The candidate didn’t tweet a lawsuit threat, but Trump Organization assistant general counsel Jill Martin left one on the table when asked about it on CNN’s “Erin Burnett OutFront” Monday night.

“I think that is a distinct possibility,” Martin said. “I haven’t talked to him about it personally, but, you know, when he’s attacked like that and things are said falsely, he definitely fires back.”

(h/t CNN)

Reality

We reviewed the New York Times article and found that, while 1 subject did not agree with the “tone” of her part of the piece, there have been no other complains from the 49 other women who were interviewed. There is no reason for the New York Times to retract the story from harassment and threats from Donald Trump and his campaign.

Donald Trump has a history of threatening to sue journalists and media companies who disagree with him and promised to use litigation to go after the press that write unflattering articles as President.

Freedom of the press in the United States is protected by the First Amendment to the United States Constitution. This clause is generally understood as prohibiting the government from interfering with the printing and distribution of information or opinions.

While as a candidate this does not apply to him, as he is not a government agent, it is an alarming trend that is normally only found in authoritarian regimes.

Media

https://www.youtube.com/watch?v=v7OqplyIu4w

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