A New York state court on Tuesday dismissed a defamation suit filed in Donald J. Trump’s re-election campaign against the New York Times Company and ruled that an opinion piece argued that there was “consideration” between The candidate and he gave Russian officials before the 2016 presidential election were speech protected.
The Times published in March 2019 the op-ed of Max Frankel, a former Times editor-in-chief who was not named as a defendant in the lawsuit, under the headline “The Real Trump-Russia Quid Pro Quo.” Mr. Frankel alleged that in an “overarching deal” ahead of the 2016 election, Russian officials would help Mr. Trump defeat Hillary Clinton in exchange for turning US foreign policy in a pro-Russian direction.
Mr. Trump’s re-election campaign, Donald J. Trump for President Inc., filed the lawsuit in the New York State Supreme Court in February 2020. He alleged defamation and accused The Times of “extreme bias and hostility” towards the campaign.
In his ruling on Tuesday, Judge James E. d’Auguste gave three reasons for the dismissal. He wrote that Mr. Frankel’s comment was an “unworkable opinion,” meaning that it was a constitutionally protected speech. that the Trump campaign was not entitled to slander charges; and that the campaign had failed to show that The Times had published the essay with “actual malice”.
“The court today clarified a fundamental point about press freedom: we should not tolerate defamation lawsuits filed by those in power to silence and intimidate those who are investigating them,” David McCraw, the Times’ deputy general counsel, said in one Explanation .
A spokesman for Mr Trump did not immediately respond to a request for comment.
The Times had filed a motion to dismiss the case and impose sanctions on the campaign. The judge refused to impose sanctions.
The Times was a frequent target of Mr. Trump’s attacks on the press during his four-year tenure. Prior to the lawsuit, he accused the newspaper of “treason” and often threatened to take news organizations to justice. Last year the Trump campaign did well the threats, filing defamation lawsuits against The Times, CNN and The Washington Post. In November, a federal judge dismissed CNN’s lawsuit. The postal lawsuit is still pending.
In all three actions was Trump campaign attorney Charles J. Harder, who represented Terry G. Bollea, the former professional wrestler named Hulk Hogan, when he sued Gawker Media in 2012 for posting a sex video. That lawsuit, secretly funded by conservative tech investor Peter Thiel, resulted in a $ 140 million decision that resulted in the bankruptcy and sale of Gawker Media.
