President Donald Trump’s attorneys can’t use the legal process to search for evidence on whether the Wall Street Journal knowingly published “false and defamatory” information, a federal judge said.
Trump’s legal team wanted to gather evidence for “actual malice,” a legal standard requiring public officials to prove that a speaker knew the statement they made was false. This evidence would then be used to refile a claim against the news publication, in a lawsuit over a story on the president’s ties to convicted sex offender Jeffrey Epstein.
But that’s “improper,” U.S. District Judge Darrin Gayles said in a May 13 order. The Obama-appointed judge said the court couldn’t allow the president to use the legal process “to help him properly plead his claims.”
“Thus, allowing President Trump to conduct discovery on actual malice, where his initial attempt at pleading a defamation claim fell short, is exactly the type of ‘expensive yet groundless litigation’ the Eleventh Circuit has cautioned against,” Gayles wrote.
This latest order comes while the president’s facing backlash from civil liberties and press advocacy groups for subpoenas on the Journal related to Iran war coverage. These groups raise alarm of the president using the legal process to intimidate reporters, although the White House affirmed it was “rightfully frustrated” by leaks of classified information.
It also raises concerns for freedom of the press and freedom of speech, particularly at a time of continuous public outcry for the Trump administration to release documents related to Epstein’s case. Since the beginning of Trump’s term, the White House has responded by repeatedly trying to stall, downplay and cast down this clamor to release the Epstein files.
Judge had earlier tossed out lawsuit
The judge dismissed this $10 billion defamation lawsuit in April, but allowed the president the opportunity to refile with another legal argument to prove “actual malice.” The White House referred questions to Trump’s attorneys, and Trump’s Miami attorney Alejandro Brito did not immediately respond to a request for comment.
The lawsuit was first filed in July against the Journal, its publisher, its parent company, two executives and two reporters who wrote the story. It stemmed from reporting about a leather-bound birthday book given to Epstein in 2003 for his 50th birthday, with letters from friends and family — and one of them included the president’s signature.
Gayles never weighed in on whether the president did author the letter, but he wrote in his prior April order that the president’s accusations were “conclusory and without factual support.” That’s why he gave the president a second chance to plead a case.
This reporting content is supported by a partnership with Freedom Forum and Journalism Funding Partners. USA Today Network-Florida First Amendment reporter Stephany Matat is based in Tallahassee, Fla. She can be reached at SMatat@usatodayco.com. On X: @stephanymatat.
This article originally appeared on Tallahassee Democrat: Trump blocked from evidence search in WSJ lawsuit, Epstein case
Reporting by Stephany Matat, USA TODAY NETWORK – Florida / Tallahassee Democrat
USA TODAY Network via Reuters Connect
