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Analysis-Trump's Wall Street Journal suit over Epstein story faces timing hurdle

Analysis-Trump's Wall Street Journal suit over Epstein story faces timing hurdle

Yahoo4 days ago
By Luc Cohen
(Reuters) -Donald Trump's legal case against the Wall Street Journal over a story about the U.S. president and Jeffrey Epstein could face hurdles, one of which is that it does not appear to comply with Florida state rules over the timing of defamation lawsuits, legal experts said.
If the case proceeds, Trump would need to clear a demanding "actual malice" standard that must be met by public figures to win in U.S. defamation cases. The standard means Trump must prove the paper knew the article was false or acted with reckless disregard for its truth.
The Wall Street Journal lawsuit is the latest in a series of cases Trump has filed against news outlets, and experts said his demonstrated willingness to sue could have a chilling effect on coverage of his administration even if the suit was ultimately unsuccessful.
Trump sued the Journal and its owners including Rupert Murdoch in Miami federal court on Friday, seeking at least $10 billion on each of two defamation counts. He said the newspaper defamed him in a July 17 report that said Trump's name was on a 2003 birthday greeting for Epstein that included a sexually suggestive drawing and a reference to secrets they shared.
Reuters has not independently verified the WSJ report.
A spokesperson for Dow Jones, the Journal's parent, said on Friday the company was confident in the accuracy of its reporting and would vigorously defend itself against the lawsuit.
Epstein died by suicide in 2019 while awaiting trial on sex trafficking charges. He had pleaded not guilty and the case was dismissed after his death.
Backers of conspiracy theories about Epstein have urged Trump to release investigative files related to the disgraced financier and sex offender.
Two lawyers with experience in defamation law said Trump did not appear to have complied with a Florida law requiring anyone bringing a defamation case against "a newspaper, periodical, or other medium" to notify the defendant at least five days before filing suit.
That means the judge overseeing the case, U.S. District Judge Darrin Gayles, would have no option but to dismiss the case if the Journal asked him to do so, though Trump may be able to re-file it, the experts said.
The Journal published its story on Thursday. In his lawsuit on Friday, Trump's lawyers said the Journal informed Trump about the forthcoming article last Tuesday, and they sent the paper an email that same day asserting that the article would be false and defamatory.
That timeline does not appear to comply with Florida's five-day notice law, said Marc Randazza, who said he had been practicing defamation law in Florida for more than 20 years.
"I don't even need to look at the merits of the case. The game is over," said Randazza of law firm Randazza Legal Group in Las Vegas. Randazza said Trump's case was "at least colorable" on the merits.
The White House deferred comment to Trump's lawyer in the case, who did not immediately respond to requests for comment.
Dow Jones declined to comment.
TRUMP MUST CLEAR HIGH BAR
In addition to the five-day notice hurdle, Trump would likely struggle to prove that the Journal acted with "actual malice," said Andrew Fleischman of law firm Sessions & Fleischman in Atlanta.
To back Trump's claim that the Journal knew the story was inaccurate, his complaint says the president informed the Journal before publication that the reporting was false.
Fleischman said a disagreement about the truth of an assertion is not enough to prove actual malice. Instead, Trump would need to demonstrate that the paper was deliberately lying.
The billions in monetary damages Trump was seeking is a "PR figure" designed to attract attention, said Fleischman, who frequently defends clients against defamation claims.
The figure would far exceed the largest defamation judgments and settlements in recent history, including a $1.3 billion judgment against conspiracy theorist Alex Jones, and Fox News' settlement with Dominion Voting Systems for $787.5 million.
Trump, a Republican who has pledged to "straighten out the press," has a mixed record in the numerous lawsuits he has filed against media outlets.
Judges have dismissed cases he brought against CNN, the New York Times and the Washington Post. More recently, television network ABC and CBS parent company Paramount have opted to settle cases brought by Trump.
Walt Disney-owned ABC News in December paid $15 million and publicly apologized for comments by anchor George Stephanopoulos, who inaccurately said Trump had been found liable for rape. Trump had been found liable of sexually abusing, but not raping, the magazine writer E. Jean Carroll.
Paramount's $16 million settlement came as the company seeks approval from U.S. regulators for its merger with Skydance Media. Trump had initially sought $10 billion in his lawsuit, which alleged CBS deceptively edited an interview with Democratic former Vice President Kamala Harris to favor her rival presidential bid.
Even if the Journal prevails, Trump's willingness to file claims against news organizations could have a chilling effect on journalists given the costs of defending against them, experts said.
BONGINO CASE DISMISSED
Trump would not be the first member of his administration to run up against Florida's five-day notice provision.
In 2019, podcaster Dan Bongino - who is now the deputy director of the FBI - sued online news outlet the Daily Beast for defamation over a story about his departure from the National Rifle Association's online video channel.
The case was dismissed the next year. U.S. District Judge Jose Martinez in Miami sided with the Daily Beast in finding that Bongino did not comply with the provision, but said the basis of his decision was that Bongino's case lacked merit.
Neither the FBI nor Bongino's personal lawyers immediately responded to requests for comment.
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Muslim leaders increase security after vandalism reports at Texas and California mosques
Muslim leaders increase security after vandalism reports at Texas and California mosques

Associated Press

time3 minutes ago

  • Associated Press

Muslim leaders increase security after vandalism reports at Texas and California mosques

After a spate of vandalism reports involving graffiti at a few mosques in Texas and California, Muslim leaders there have stepped up existing efforts to keep their sacred spaces and community members safe. The incidents and subsequent hypervigilance add to what many American Muslims say has already been a charged climate amid the fallout in the U.S. from the Israel-Hamas war that has killed tens of thousands of Palestinians and devastated Gaza. The war started in October 2023 with a deadly attack by Hamas on Israel. 'The past two years have been extremely difficult for American Muslims,' said Edward Ahmed Mitchell, national deputy director of the Council on American-Islamic Relations, a Muslim civil rights and advocacy organization. A constant stream of images showing the death, destruction and ongoing starvation in Gaza has taken a toll, said Mitchell, as has a rise in anti-Muslim and anti-Palestinian bigotry in the U.S. He pointed to one of the most egregious examples of that bigotry: After the war started, an Illinois man killed a 6-year-old Palestinian American Muslim boy and wounded his mother in a hate-crime attack. Worry and frustration The recent vandalism reports have left some worried and frustrated — but not entirely surprised. 'Since October 2023, we've definitely seen rise in Islamophobia,' said Rawand Abdelghani, who is on the board of directors of Nueces Mosque, one of the affected mosques in Austin, Texas. 'Anti-Palestinian, anti-immigrant, all of that rhetoric that's being said … it has contributed to things like this happening.' Nueces security footage showed someone, their face partially covered, spray-painting what appears to be Star of David symbols at the property. CAIR Austin said similar incidents were reported at two other Austin mosques. They all seemingly happened on the same night in May, in what the group described as part of 'a disturbing pattern of hate-motivated incidents.' It called for increased security patrols and protective measures. Shaimaa Zayan, CAIR Austin operations manager, called them an intimidation attempt. Less than two weeks earlier, someone had spray-painted graffiti at the Islamic Center of Southern California, including the Star of David on an outer wall there, center spokesperson Omar Ricci said. 'In light of what's going on within Palestine and the genocide in Gaza, it felt like an attack,' said Ricci, who's also a reserve Los Angeles Police Department officer. Some specifics remained unresolved. The LAPD said it opened a vandalism/hate crime investigation and added extra patrols, but added it has neither a suspect nor a motive and noted that nonreligious spaces were also targeted. The Austin Police Department did not respond to Associated Press inquiries. Nueces had already increased its security camera use following three incidents last year, including someone throwing rocks at the mosque, Abdelghani said. After the May vandalism, it also added overnight security, she added. Nueces serves many university students and is considered a 'home away from home,' Abdelghani said. It's where they learn about their faith, meet other Muslims and find refuge, including during tense times, like when some students got arrested amid campus protests last year, she added. CAIR says that in 2024, its offices nationwide received 8,658 complaints, the highest number it has recorded since its first civil rights report in 1996. It listed employment discrimination as the most common in 2024. The group says last year, U.S. Muslims, along with others of different backgrounds, 'were targeted due to their anti-genocide … viewpoints.' Referencing former President Joe Biden, the CAIR report said that for 'the second year in a row, the Biden-backed Gaza genocide drove a wave of Islamophobia in the United States.' Israel has strongly rejected allegations it's committing genocide in Gaza, where its war with Hamas has killed more than 59,000 Palestinians, according to Gaza health officials. The initial Hamas-led attack on Oct. 7, 2023, killed some 1,200 people, while about 250 were abducted. Tensions in multiple spaces The war has fueled tensions in myriad U.S. settings. After it started, Muslim and Jewish civil rights groups reported a surge of harassment, bias and physical assaults reports against their community members. Pew Research Center in February 2024 found that 70% of U.S. Muslims and nearly 90% of U.S. Jews surveyed say they felt an increase in discrimination against their respective communities since the war began. More recently, leaders of U.S. Jewish institutions have called for more help with security after a firebomb attack in Colorado on demonstrators showing support for Israeli hostages in Gaza that left one person killed and others injured, as well as a fatal shooting of two Israeli Embassy staffers outside a Jewish museum in Washington, D.C. Politically, the conflict loomed over last year's presidential election, leaving many pro-Palestinian U.S. voters feeling ignored by their own government's support for Israel. It has roiled campuses and sparked debates over free speech and where political rhetoric crosses into harassment and discrimination. There've been bitter disagreements, including among some Jewish Americans, about exactly what the definition of antisemitism should cover, and whether certain criticism of Israeli policies and Zionism should be included. That debate further intensified as President Donald Trump's administration sought to deport some foreign-born pro-Palestinian campus activists. The Islamic Center of Southern California has been targeted before, including vandalism in 2023 and separate threats that authorities said in 2016 were made by a man who was found with multiple weapons in his home. Incidents like the latest one cause concern, Ricci said. 'People see that it's not going to take very much to spark something in the city,' he said. 'There's a lot of emotion. There's a lot of passion' on both the pro-Palestinian and pro-Israeli sides. Salam Al-Marayati, president of the Muslim Public Affairs Council, said 'if people think they can get away with graffiti, then the next step is to firebomb a mosque or even go attack worshippers.' Opening doors and receiving support Al-Marayati and others praised how many have shown support for the affected Muslim communities. 'The best preparation is what we did in Los Angeles and that's to stand shoulder-to-shoulder with our allies and be there for one another,' he said. In Texas, a gathering at Nueces brought together neighbors and others, including Christians and Jews, to paint over the vandalism, clean up the property and garden, Zayan said. 'It was beautiful,' she said. 'It's really important to open your doors and open your heart and invite people and to rebuild this trust and connection,' she said. 'For non-Muslims, it was a great opportunity for them to show their love and support. They really wanted to do something.' ___ Associated Press religion coverage receives support through the AP's collaboration with The Conversation US, with funding from Lilly Endowment Inc. The AP is solely responsible for this content.

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