A federal judge in Florida on Monday dismissed President Donald Trump's $10 billion defamation lawsuit against The Wall Street Journal over a story about a bawdy50th birthday cardhe is alleged to have sent to Jeffrey Epstein.
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U.S. District Judge Darrin Gayles tossed the case after he found Trump’s suit “comes nowhere close” to reaching the standard of actual malice — a showing "the false statement was made with knowledge that it was false or with reckless disregard of whether it was false or not.”
“Quite the opposite. The Article explains that, before running the story, Defendants contacted President Trump, Justice Department officials, and the FBI for comment,"Gayles wrote. "President Trump responded with his denial, the Justice Department did not respond at all, and the FBI declined to comment. In short, the Complaint and Article confirm that Defendants attempted to investigate. The Article also states that the WSJ reviewed the Letter.”
“Accordingly, President Trump’s conclusory allegation that Defendants had contradictory evidence and failed to investigate is rebutted by the Article and is insufficient to establish actual malice.”
Trumpsued in July, shortly after the Journal published a story saying a birthday book that had been assembled for Epstein's birthday in 2003 appeared to include a bizarre card from Trump, who had been friends with Epstein around the time.
The card featured a hand-drawn outline of a naked woman with what appears to be Trump’s first name signed in the pubic area, as well as a typewritten note depicting an imaginary conversation with Epstein, who would later be charged with sex trafficking.
Trump denied having anything to do with the card, and his attorney accused the paper in his suit of having made it up.
Epstein's estate later releaseda copy of a card matching the Journal’s description. Trump and the White House maintain the card is a fake.
Gayle's ruling did not get into whether Trump wrote the card or not.
Because Trump came “nowhere close” to the standard of actual malice, Gayle declined to make factual determinations about whether the story was true, writing that “whether President Trump was the author of the Letter or Epstein’s friend are questions of fact that cannot be determined at this stage of the litigation.”
Gayles, a Barack Obama appointee, dismissed the case "without prejudice," meaning Trump can take another shot at pleading his case. He cited legal precedent as the reason for giving Trump another opportunity and gave him two weeks to file an amended complaint.
A spokesman for Trump's legal team said in a statement: "President Trump will follow the judge's ruling and guidance to refile this powerhouse lawsuit against the Wall Street Journal and all of the other Defendants. The President will continue to hold accountable those who traffic in Fake News to mislead the American People."
A spokesperson for the Journal's publisher, Dow Jones and Co., said of the ruling in a statement, “We are pleased with the judge’s decision to dismiss this complaint. We stand behind the reliability, rigor and accuracy of The Wall Street Journal’s reporting.”
