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Judge Brett Kavanaugh, associate judge at the Supreme Court, could have a defamation suit against the New York Times for a now-revised article suggesting new allegations of sexual assault, Judge Andrew said Tuesday. Napolitano.
Responding to "Fox & Friends," Fox News senior forensic analyst, however, conceded that it would be highly unlikely that Kavanaugh would open a Pandora's box by pursuing such a lawsuit against The Times.
Napolitano explained that the standard for proving defamation is "real malice", which means that Kavanaugh should show the court that the newspaper had published information that he knew was wrong or showed "reckless disregard for the truth".
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"Leaving outside the article the true statement that the victim does not remember this alleged event is a" reckless disregard for the truth? "There may be a case there, but that will not happen," Napolitano said.
The newspaper took heat on both sides of the aisle to reverse its accusations against Kavanaugh on Sunday after a violent reaction – with even MSNBC's liberal morning show and "The View" in conflict with the gray lady.
Late on Sunday night, the New York Times revised an explosive report regarding Kavanaugh's allegation of sexual assault while he was at the university. The play by Robin Pogrebin and Kate Kelly, adapted from their forthcoming book, alleges corroboration of an incident in which Kavanaugh, a student at Yale, exposed himself to a classmate at a school party. Party.
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A few hours later, the federalist's Mollie Hemingway – who had examined an earlier copy of the book – reported a blatant omission and the newspaper eventually updated the controversial topic after being criticized on social media.
the update included the significant detail that several friends of the alleged victim stated that they did not remember the alleged sexual assault. The paper also said for the first time that the alleged victim had refused to be interviewed and had made no further comment on the episode.
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In an interview with MSNBC on Monday night, Pogrebin and Kelly said the key information may have been removed from the original draft during the verification process.
Napolitano said that he considered the initial report as an attempt to "undermine" Kavanaugh and the Supreme Court as a whole.
"The Supreme Court does not have an army to enforce its decisions and its decisions are enforced because of the credibility that the legal community and the judiciary place on these nine judges, its intellectual understanding of the law, that will undermine the court, "he said, adding that it was also a" serious problem "if the FBI did not investigate all the complaints against Kavanaugh during the confirmation process.
Brian Flood of Fox News contributed to this report.
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