Donald Trump dealt stinging authorized defeat over Epstein birthday e book days from Midterms
A Florida judge dismissed Trump’s lawsuit against the Wall Street Journal over an article revealing the birthday message allegedly written by Trump to America’s most notorious paedophile
Jeffrey Epstein (left) and Donald Trump posing together at Mar-a-Lago in 1997(Image: Getty Images)
Donald Trump was dealt a stinging legal defeat over Jeffrey Epstein documents on the eve of the midterm election.
A Florida judge dismissed Trump’s lawsuit against the Wall Street Journal, which he was suing for $10 billion over their publication of a page from the “birthday book” given to Epstein for his 50th birthday, apparently written by Trump.
For Trump’s Republicans, the defeat has a damaging side-effect – highlighting his ‘friendship’ with America’s most notorious paedophile – and his administration’s moves to downplay their former relationship just days from an election in which they are struggling.
The alleged cover-up of the Epstein Files has become a major point of anger in this election – with protesters repeatedly interrupting Trump rallies to berate him over the scandal.
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The letter was sexually suggestive, and bore Trump’s signature. Framed in what appeared to be a hand-drawn outline of a woman’s body, the last line of the text read: “Happy Birthday — and may every day be another wonderful secret.”
Trump denied writing the note, calling the Journal’s reporting “false, malicious, and defamatory.”
But on Saturday the lawsuit was thrown out by Judge Darrin Gayles, who ruled it would break the first amendment, the part of the US constitution that protects freedom of the press.
Judge Gayles said the Journal had published a “thoughtful and detailed investigation” and that Trump’s lawyers were “grasping at straws” to “manufacture flaws” in their work.
There is a high bar for defamation in the United States. Following a Supreme Court ruling in 1964, defamation lawsuits must demonstrate malice, or that a media outlet knowingly published something that wasn’t true, or showed “reckless disregard” for the truth.
“The [complaint] falls short of pleading actual malice,” Gayles wrote. “Indeed, the allegations regarding malice are conclusory, vague, sometimes inconsistent with the Article, and often irrelevant to whether Defendants knew or should have known that the statements in the Article were purportedly false.”
He also noted the Journal had included Trump’s denial prominently. The suit was dismissed “with prejudice”, meaning Trump cannot bring it again in the same court, though he can appeal.
Trump is also suing the BBC for $10 billion over the editing of a Panorama episode that aired in the UK – though not in the US – days before the 2024 election, which he won.
The US President claims the broadcaster edited his speech to the crowd on January 6, 2021, to make it appear that he had encouraged or incited the violent insurrection that followed. While the speech was truncated, it did not alter the character of Trump’s remarks. Several US courts and Congressional committees have ruled that Trump’s remarks did incite the attempted coup d’etat by his followers.
Also before judges in Florida, the case is due to come to court in the new year. But the court has already had to issue stern warnings to Trump for being uncooperative in the “discovery” process. Most recently Trump has been evasive on setting a date to give a deposition ahead of the case coming to court – and has demanded he be allowed to do so without the grilling being video recorded.
