Donald Trump followed through last week on his threat in July to sue CNN for libel. The network’s coverage, Trump complains, has caused him to suffer “embarrassment, pain, humiliation and mental anguish.” If those criteria are sufficient to qualify for a lawsuit, the entire nation should be suing Trump for exactly the same.
Trump embarrassed America before the world with his crass behavior and insulting language. He inflicted pain on immigrants at the border and used language that inspired followers to attack minorities. He inflicted withering humiliation on anyone who didn’t display unquestioning loyalty to him, including his own vice president. The nation’s collective mental anguish continues pretty much unabated to this day.
But America’s grievances, substantial as they are, aren’t before the court. Trump’s lawsuit is. He asserts that CNN presenters and guest commentators undertook “a smear campaign to malign” Trump “with a barrage of negative associations and innuendos, broadcasting commentary that he is like a cult leader, a Russian lackey, a dog whistler to white supremacists, and a racist” whom the network compared to Adolf Hitler.
CNN probably did all those things, as did many other news outlets when describing the actual words spoken and actions taken by Trump during his White House tenure. It’s not a smear campaign if Trump actually merited those comparisons. The long-standing Supreme Court rule for libel claims by public figures is that the plaintiff must prove the defendant had a “reckless disregard” for the truth. Trump must prove that CNN deliberately used false information to malign him. Trump also must meet the Supreme Court standard of proving “malice aforethought” — that the network used false information maliciously to destroy his reputation.
If the lawsuit proceeds, Trump can be expected to subpoena CNN staff emails, memos and other internal communications in which negative coverage of him is discussed. CNN presenters, many of whom qualify more as commentators than reporters, hardly gave the network a reputation for objectivity — something the network’s new chief, Chris Licht, is trying to correct.
But Trump still has to meet the standard of proving deliberate falsity, and his own record promises to trip him up at every turn. He was a serial liar, especially regarding his assertion that the 2020 election was stolen from him. He behaved in public like a Russian lackey and invited Russia to meddle in U.S. elections. He described white supremacists as “fine people.” His racist references include his recent labeling of Elaine Chao, his former Transportation secretary and wife of the Senate minority leader, as Mitch McConnell’s “China-loving wife, Coco Chow.”
To defend itself, CNN is certain to subpoena Trump’s internal communications and records. A treasure trove of juicy information awaits disclosure. In this game of chicken, the question is which side least wants its most embarrassing information to be exposed publicly.
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