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Why would the most notoriously cash-strapped man in America waste money on frivolous lawsuits?

On Monday, Donald Trumpwhose lawyers recently announced that he cant come up with the money to post a $454 million bond in his civil fraud casefired off yet another suit against a news organization that reported facts he didnt like. The targets this time are ABC News and its anchor George Stephanopoulos, who Trump alleges defamed him by stating that Trump had been found liable for raping E. Jean Carroll.

The case looks like a sure loser. Trump was technically found liable under New York law for sexual abuse, not for rape, but the judge in the civil case ruled that, by forcibly penetrating Carrolls vagina with his fingers, Mr. Trump in fact did rape Ms. Carroll as that term commonly is used and understood. But no matter. The Stephanopoulos suit slots into a well-worn groove for Trump, who for years has lodged periodic lawsuits against alleged purveyors of fake news about him. Targets have included The Washington Post, The New York Times, CNN, Bob Woodward, and a Wisconsin TV station that ran an attack ad against him during the 2020 campaign. Trump has even gone after the board of the Pulitzer Prizes for awarding Pulitzers to the Post and the Times for their coverage of his connections to Russia.

Filing these suits has been costly for Trumpor rather, for donors to his campaign and affiliated political action committees, who have footed millions of dollars in legal fees. Not one of Trumps media lawsuits has ever succeeded, nor is one ever likely to, given both the underlying facts and the towering bar a president or former president faces in proving defamation. In one case against The New York Times, a judge found Trumps argument so flimsy that he ordered Trump to pay the Times legal fees. In other cases, such as the one involving the Wisconsin station, the suit was quietly withdrawn a few months after it was filed.

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So why does he keep doing it? On a basic level, this appears to be just Trump being Trumppeevish, headstrong, and narcissistic. For decades, his love-hate relationship with reporters has tended to flare into legal action, as it did in 2006 when he sued the writer Tim OBrien over a few pages in a book that questioned Trumps personal wealth. As Trump told me in an interview in 2016, he knew he couldnt win that suit (he didnt) but brought it anyway to score a few points. I spent a couple of bucks on legal fees, and [OBriens publisher] spent a whole lot more, he said then. I did it to make his life miserable, which Im happy about.

But Trumps quixotic legal crusades are not as irrational as they appear. Suing the press serves as a branding exercise and a fundraising tool. The lawsuits show his supporters that Trump is taking the fight to those lying journalistsso wont you contribute a few dollars to the cause? They thus have become an end unto themselves, part of an infinite loop: sue, publicize the suit, solicit and collect donations, sue again. The cases may be weak on the legal merits, but they further his narrative of being persecuted by the radical left media, Brett Kappel, a campaign-finance lawyer who has researched Trumps legal actions against the press, told me.

This narrative has been a fixture of Trumps fundraising pitches for years. A few weeks after his inauguration, in 2017, one of his fundraising committees sent out an email urging donors to do your part to fight back against the medias attacks and deceptions by sending contributions that would help cut through the noise of news reports. Even before Trump filed a lawsuit against CNN in August 2022 (for describing his election lies as the Big Lie), his campaign was using the nonexistent suit to drum up contributions. Im calling on my best and most dedicated supporters to add their names to stand with me in my impending LAWSUIT against Fake News CNN, read a fundraising email. A second email sent out under Trumps name a few hours later struck a sterner tone: Im going to look over the names of the first 45 Patriots who added their names to publicly stand with their President AGAINST CNN.

When Trump got around to filing the suit two months later, the appeals began anew. I am SUING the Corrupt News Network (CNN) for DEFAMING and SLANDERING my name, the campaign email read, in a chaotic typographical style reminiscent of a ransom note. Theyve called me a LIAR, and so far, Ive been proven RIGHT about EVERYTHING. Remember, when they come after ME, they are really coming after YOU Im calling on YOU to rush in a donation of ANY AMOUNT RIGHT NOW to make a statement that you PROUDLY stand with me. The suit was dismissed last year by a federal judge appointed by Trump. Trump is appealing.

Of course, the cost of suing news organizations is a pittance compared with what Trumps donors are spending on his criminal defense. But it isnt cheap. According to Federal Election Commission records culled by Kappel, the Trump-controlled Save America PAC shelled out nearly $500,000 to the firm that sued the Pulitzer Prize board on Trumps behalf in 2022. It paid $211,000 last year to another law firm that handled Trumps litigation against CNN, among other matters, and an additional $203,000 to the firm handling the appeal.

The biggest recipient, by far, has been the attorney Charles Harder, the defamation specialist who represented Hulk Hogan in his successful suit against Gawker Media in 2016. From early 2018 to May 2021, according to FEC records, Harder took $4.4 million in fees from Trump-affiliated organizations. At one point in 2020, Harders Beverly Hills firm received more money than any other firm doing work for Trump.

From the January/February 2024 issue: Is journalism ready?

Harders work on Trumps behalf didnt produce anything close to his career-making Hogan verdict, which resulted in a $140 million award that drove Gawker into bankruptcy. Harder took the lead in Trumps effort to suppress publication of Michael Wolffs book Fire and Fury in 2018; he sent cease-and-desist letters to Wolff and his publisher, Henry Holt and Co., before the books release, claiming that it contained libelous passages. The book was released as scheduled and became a best seller, and Trump didnt sue. In 2020, Harder handled Trumps lawsuit against the Times, alleging that an opinion piece by the former Times editor Max Frankel was defamatory. A judge dismissed that suit in 2021. (Harder, who no longer represents Trump, declined to comment for this story.)

Whether Trumps beat-the-press strategy is a net financial winner, once all the donations are collected and the attorney fees are subtracted, is hard to say. But Trumps filing of another hopeless lawsuit this week suggests that the math may be in his favor. Why bother paying lawyers millions of dollars to sue and appeal if the return on investment is less than zero? Trump may be petty and irrational, but he has never been accused of neglecting his own financial interests. (A Trump spokesperson didnt return a request for comment.)

At the moment, of course, Trump has much bigger headaches. As of this writing, hes days away from having his assets seized to satisfy that civil-fraud judgment. His overall fundraising has lagged President Joe Bidens. And he is burning through his supporters money to pay for his criminal defense. Despite all that, he still finds a way to keep filing lawsuits against the media. You almost have to admire the commitment.

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Donald Trump confirms he will sue the BBC over Panorama edit – despite broadcaster’s apology

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Donald Trump confirms he will sue the BBC over Panorama edit - despite broadcaster's apology

Donald Trump has said he will sue the BBC for between $1bn and $5bn over the editing of his speech on Panorama.

The US president confirmed he would be taking legal action against the broadcaster while on Air Force One overnight on Saturday.

“We’ll sue them. We’ll sue them for anywhere between a billion (£792m) and five billion dollars (£3.79bn), probably sometime next week,” he told reporters.

“We have to do it, they’ve even admitted that they cheated. Not that they couldn’t have not done that. They cheated. They changed the words coming out of my mouth.”

Mr Trump then told reporters he would discuss the matter with Prime Minister Sir Keir Starmer over the weekend, and claimed “the people of the UK are very angry about what happened… because it shows the BBC is fake news”.

Separately, Mr Trump told GB News: “I’m not looking to get into lawsuits, but I think I have an obligation to do it.

“This was so egregious. If you don’t do it, you don’t stop it from happening again with other people.”

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BBC crisis: How did it happen?

The Daily Telegraph reported earlier this month that an internal memo raised concerns about the BBC’s editing of a speech made by Mr Trump on 6 January 2021, just before a mob rioted at the US Capitol building, on the news programme.

The concerns regard clips spliced together from sections of the president’s speech to make it appear he told supporters he was going to walk to the US Capitol with them to “fight like hell” in the documentary Trump: A Second Chance?, which was broadcast by the BBC the week before last year’s US election.

Following a backlash, both BBC director-general Tim Davie and BBC News chief executive Deborah Turness resigned from their roles.

‘No basis for defamation claim’

On Thursday, the broadcaster officially apologised to the president and added that it was an “error of judgement” and the programme will “not be broadcast again in this form on any BBC platforms”.

A spokesperson said that “the BBC sincerely regrets the manner in which the video clip was edited,” but they also added that “we strongly disagree there is a basis for a defamation claim”.

Earlier this week, Mr Trump’s lawyers threatened to sue the BBC for $1bn unless it apologised, retracted the clip, and compensated him.

The US president said he would sue the broadcaster for between $1bn and $5bn. File pic: PA
Image:
The US president said he would sue the broadcaster for between $1bn and $5bn. File pic: PA

Legal challenges

But legal experts have said that Mr Trump would face challenges taking the case to court in the UK or the US.

The deadline to bring the case to UK courts, where defamation damages rarely exceed £100,000 ($132,000), has already expired because the documentary aired in October 2024, which is more than one year.

Also because the documentary was not shown in the US, it would be hard to show that Americans thought less of the president because of a programme they could not watch.

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Newsnight allegations

The BBC has said it was looking into fresh allegations, published in The Telegraph, that its Newsnight show also selectively edited footage of the same speech in a report broadcast in June 2022.

A BBC spokesperson said: “The BBC holds itself to the highest editorial standards. This matter has been brought to our attention and we are now looking into it.”

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Rail worker who protected passengers during mass stabbing on Huntingdon train discharged from hospital

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Rail worker who protected passengers during mass stabbing on Huntingdon train discharged from hospital

The train crew member who was seriously injured while trying to protect passengers during a mass stabbing has been discharged from hospital.

Samir Zitouni, 48, known as Sam, was working on board the London North Eastern Railway (LNER) train from Doncaster to London when the attack began in Cambridgeshire on Saturday 1 November.

LNER said Mr Zitouni, who has worked for the firm for more than 20 years, was credited with helping to save multiple lives.

Mr Zitouni had been in a critical condition, having suffered multiple injuries in the incident, but was discharged on Saturday.

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Mahmood praises rail worker

His family said: “We are so grateful for the outpouring of support from the public, and very touched by all the kind words about Sam’s brave actions on the night of the attack.

“While we are really happy to have him home, he still has a significant recovery ahead and we would now like to be left in privacy to care for him as a family.”

Earlier this month, LNER said he has been a “valued member” of staff for over 20 years, working on board as a customer experience host.

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Train mass stabbing: A timeline of events

David Horne, managing director at LNER, said: “In a moment of crisis, Sam did not hesitate as he stepped forward to protect those around him.

“His actions were incredibly brave, and we are so proud of him, and of all our colleagues who acted with such courage that evening. Our thoughts and prayers remain with Sam and his family. We will continue to support them and wish him a full and speedy recovery.”

The attack is understood to have started shortly after the train left Peterborough, with passengers pulling the emergency alarms on the LNER service.

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Police believe train attacker filmed waving knife

Train driver Andrew Johnson, who served in the Royal Navy for 17 years, contacted a signaller and requested an unscheduled stop at Huntingdon station.

11 people were treated in hospital after the mass stabbing – nine were initially reported as having life-threatening injuries.

Anthony Williams, 32, was remanded into custody at Peterborough Magistrates’ Court on November 3, charged with 10 counts of attempted murder over the incident.

He will appear at Cambridge Crown Court on 1 December.

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Trump to push ahead with BBC lawsuit: Three experts on why he might struggle to win

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Trump to push ahead with BBC lawsuit: Three experts on why he might struggle to win

Donald Trump has confirmed he plans to sue the BBC for between $1bn and $5bn over the editing of his speech in a Panorama news programme.

The corporation said it was an “error of judgement” to splice two sections of his speech together, and the programme will “not be broadcast again in this form on any BBC platforms”.

“We have to do it, they’ve even admitted that they cheated,” the US president told reporters overnight on Saturday.

“Not that they couldn’t have not done that. They cheated. They changed the words coming out of my mouth.”

However, the lawsuit will not be easy, according to three experts who have spoken to Sky News.

“Filing a lawsuit is easy,” said Mark Stevens, media law solicitor at Howard Kennedy, to Sky presenter Samantha Washington.

“Winning one is, in this case, like trying to lasso a tornado: technically possible, but you’re going to need more than a cowboy hat.”

So why would this case be so hard to win?

Where did the damage occur?

The Panorama episode was not aired in the US, which may make Mr Trump’s case harder.

“For a libel claim to succeed, harm must occur where the case is brought,” said Mr Stevens.

“It’s hard to argue [for] that reputational damage in a jurisdiction where the content wasn’t aired.”

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BBC crisis: How did it happen?

The president will also have to show that his reputation suffered actual harm.

“But his reputation was pretty damaged on this issue before,” said Mr Stevens.

“There have been judicial findings, congressional hearings, global media coverage around 6 January. Laying that responsibility for any further harm at the door of the BBC seems pretty tenuous.”

Was the mistake malicious?

In order to sue someone for libel in the US, you have to prove they did it on purpose – or with ‘malicious intent’.

That might be hard to prove, according to Alan Rusbridger, editor of Prospect magazine and former editor-in-chief of the Guardian.

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‘Trump suing BBC is just noise and bluster’

“I just don’t think that he can do that,” he said.

Since 1964, US public officials have had to prove that what was said against them was made with “knowledge that it was false or with reckless disregard for the truth”.

“The reason for that, when the Supreme Court passed this in 1964, is the chilling effect on journalism,” said Mr Rusbridger.

“If a journalist makes a mistake, [and] this clearly was a mistake, if that ends up with their employers having to pay $1bn, $2bn, $3bn, that would be a dreadful chill on journalism.

“Unless Trump can prove that whoever this was who was editing this film did it with malice, the case is open and shut.”

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Is he suing for too much money?

Mr Trump says he’s going to sue for between $1bn and $5bn, figures former BBC legal correspondent Clive Coleman described as “very fanciful”.

“That, I think, is very fanciful because he will have to show that he has suffered billions of dollars worth of reputational damage.

“We know that this was back in 2020 when the speech was made. He went on to be successful in business and, of course, to be re-elected as US president.”

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‘Trump faces some really big hurdles’ in suing BBC

However, Mr Coleman did suggest the BBC should try to “bring this to an end as speedily as possible”.

“Litigation is always a commercial decision and it’s a reputational decision,” he said.

“The legal processes towards a court case are long and arduous and this is going to blow up in the news pretty regularly between now and then.”

Other news organisations facing litigation by Mr Trump have settled out of court for “sums like $15m, $16m”, according to Mr Coleman.

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