So Sue Me: The New York Times Just Dared Donald Trump To Do It

washingtonpost.com

The New York Times just told Donald to 'bring it'.

The Short of It:

The New York Times just told Donald Trump to bring it on.

The Longer Version of It:

The Times responded to the GOP nominee's threat to sue a story published by the paper about sexual assault allegations made against him with a letter that dared him to pursue a lawsuit against them.

"We did what the law allows," a Times attorney wrote. "We published newsworthy information about a subject of deep public concern. If Mr. Trump disagrees, if he believes that American citizens had no right to hear what these women had to say and that the law of this country forces us and those who would criticize him to stand silent or be punished, we welcome the opportunity to have a court set him straight."

The Washington Post

A lawsuit against the Times might make Trump even a bigger loser than he is now.

For one, the Republican presidential nominee would have to convince a court that is not guilty of groping Leeds and Crooks — which would require a sworn testimony by Trump. In the article printed by the Times, the reporter claims to have various sources who can confirm the accusations by the women allegedly groped by Trump. A Trump versus New York Times lawyers lawsuit require the real estate mogul to answer questions by the paper. Denying allegations that could be proven true, would make Trump vulnerable to a criminal perjury charge which could in a very extreme scenario lead to prison time.

Even if Trump was able to prove the claims by Leeds and Crooks were false, it still wouldn't hold in a libel case against the Times. Here's where the law gets tricky. In his lawsuit Trump's team of lawyers would have to prove the U.S. Supreme Court's standard of "actual malice" was in play when the Times published the story. In laymen terms: they would have to prove that the Times knew the report was false and or disregarded the truth. This is where credible interviews conducted by the publication could stump Trump and his team.

The Takeaway:

Still out on whether or not the Times' story will actually lead to a major lawsuit. However if the lawsuit proceeds, it'll be very interesting to see how Trump testifies in court.