Trump now claims 60 Minutes interview with Kamala Harris caused him ‘mental anguish'
Donald Trump's legal team claims in a new court filing that the president suffered 'mental anguish' over the 60 Minutes interview with Kamala Harris at the center of his $20 billion lawsuit against CBS News, arguing that the network is wielding 'the First Amendment as a sword.'
In a pair of objections filed in response to the network's motions to dismiss the defamation suit, which legal experts have described as 'frivolous,' the president's lawyers reiterate that Trump was caused personal financial harm by the editing of the interview, claiming that CBS' parent company, Paramount, and Trump Media – which owns Truth Social – are competitors.
The latest development in this legal fracas comes after the Wall Street Journal reported Paramount had offered the president $15 million to settle the lawsuit, only for Trump to reportedly demand at least $25 million along with an apology over the interview. Trump also threatened to file another lawsuit accusing the network of biased news coverage, according to the Journal.
Even though Paramount's legal team filed motions to dismiss the lawsuit in March, calling it an 'affront to the First Amendment without basis in law or fact,' the company has proposed settling the complaint as it needs the Trump administration's approval to complete an $8 billion merger with Skydance Media.
The discussions around a settlement, which Paramount chair Shari Redstone has pushed for ahead of the merger, have resulted in tensions within the network. In recent weeks, 60 Minutes executive producer Bill Owens and CBS News chief Wendy McMahon, who had made it clear they would not apologize as part of any deal with Trump, abruptly announced their resignations.
Meanwhile, mediation sessions between Paramount and Trump's team have stalled over the past month, though the two sides were scheduled to meet again on Thursday. Redstone, meanwhile, has recused herself from the negotiations.
On the last day to file an objection, the president's lawyers opposed both of Paramount's motions to dismiss on Wednesday night.
Regarding Paramount's efforts to get the lawsuit kicked out of court due to improper venue and lack of personal jurisdiction, the president's legal team rejected the notion that it was 'naked-forum shopping' by filing the case in the Northern District of Texas. Instead, they argued that Trump and his co-defendant Rep. Ronny Jackson (D-TX) have 'sufficient minimum contacts' in the state, and their complaints arise from that.
'The fact that such commercial speech was issued by a news organization does not insulate Defendants from liability under the First Amendment,' the objection states. 'The First Amendment is no shield to news distortion.'
As for the motion to dismiss based on failure to state a claim, Trump's lawyers stated that the interview – which the president has asserted was deceitfully edited to make Harris look good and therefore interfere with the election – caused personal damage to both Trump and viewers.
'This led to widespread confusion and mental anguish of consumers, including Plaintiffs, regarding a household name of the legacy media apparently deceptively distorting its broadcasts, and then resisting attempts to clear the public record,' the opposition motion declares.
Additionally, the president's team claimed that Paramount and CBS 'seek to wield the First Amendment as a sword, arguing that they cannot be held responsible for illegal conduct, intended to mislead the masses and undertaken in the pursuit of profit, because such conduct was the result of 'editorial judgment.''
'No matter how many times they claim the conduct at issue was editorial speech, that ipse dixit does not make it so,' the objection adds.
While Paramount appears to want to settle the complaint that CBS News has said is 'completely without merit' sooner rather than later, it is also getting its ducks in a row in case the deal with Skydance falls through.
According to the Journal, the company is expected to nominate three new directors to the board in the coming weeks to bring the total to seven. Additionally, a current director is expected to step down soon and will also need to be replaced.
Though the media conglomerate seems desperate to settle with the president, some executives have expressed concerns that paying the president to make the lawsuit go away could open them up to liability or even criminal charges for bribery.
In fact, several Democratic senators have already warned Redstone and Paramount that they could face investigation for violating anti-bribery laws if a settlement with Trump is reached. Furthermore, the Freedom of the Press Foundation has said it intends to sue Paramount if the company settles with the president.
Due to those concerns, the board is hoping to keep the settlement amount in the range of other media companies that have recently reached deals with Trump, in hopes that this would minimize any liability.
The $15 million that Paramount is reportedly offering Trump, for instance, is the same amount that Disney paid to end his defamation suit against ABC News and anchor George Stephanopoulos over an interview that saw Stephanopoulos claiming that Trump was found civilly liable for rape rather than sexual abuse.
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