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A Georgian judge on Thursday dismissed the Trump campaign’s defamation lawsuit against CNN after ruling that the court found no malice on the part of the cable network.
Fox News first reported earlier this year that the Trump 2020 campaign has filed a libel suit accusing CNN of publishing what it called “false and defamatory” statements about seeking Russian aid during elections this month.
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(AP Photo / Evan Vucci) A Georgian judge on Thursday dismissed the Trump campaign’s defamation lawsuit against CNN.
The lawsuit was filed in U.S. District Court for the Northern District of Georgia, where CNN is headquartered. He said in part that CNN was claiming that the Trump campaign “has assessed the potential risks and benefits of seeking Russian help again in 2020 and has decided to leave that option on the table.”
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The complaint said CNN was well aware that the statements were false “because there was a vast record of statements from the Campaign and the administration which expressly disclaimed any intention to seek Russian assistance.” However, a judge did not find the complaint proving sufficient malice.
“The Court accepts the defendants’ request and rejects the plaintiff’s complaint for not having sufficiently pleaded malice. The court, however, gives the plaintiff the opportunity to file an amended complaint, ”wrote US District Judge Michael L. Brown.
The complaint says Trump’s legal team sent CNN a request for retraction and apology last month, but network executives refused. The Trump campaign has sought “millions of dollars” through litigation.
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The article referenced by the complaint was posted on CNN.com on June 13, 2019.
Larry Noble’s CNN story, titled “Soliciting Dirt On Your Opponents From A Foreign Government Is A Crime.” Mueller should have blamed the Trump campaign officials for it, ”was tagged as an opinion piece and included a disclaimer that although Noble is a CNN contributor, the comment is only his own opinion. The article says Trump’s campaign “has assessed the potential risks and benefits of seeking Russian help again in 2020 and has decided to leave that option on the table.”
Justice Brown noted that the statement was “likely to be proven true or false” despite being published in an opinion piece.
“It does not say that the applicant ‘may have’ made such an assessment or that he ‘could’ have made a decision. He is not saying that Mr. Noble “is concerned” that the claimant has done any of these things or that statements from people connected with the campaign “suggest” that he did. The Declaration has no qualifying or softening language, ”he wrote before explaining that the court found no real wickedness.
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“In constitutional law, a plaintiff representing a public figure must prove genuine wickedness, which means that the allegedly defamatory statement was made with the knowledge that it was false or with reckless disregard as to whether it was false or not. ‘said Justice Brown. “Most of the allegations in the complaint about actual malice are conclusive.”
The Trump campaign declined to comment when it was reached by Fox News. CNN did not immediately respond to requests for comment.
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