Dem
47
GOP
53
It's no secret that Donald Trump uses the legal system to go after people/businesses he hates, in an effort to bully and intimidate them, whether or not there is any merit to his claims. His goal is not to win but to generate headlines and scare them into settling. Because this tactic is so transparent, it's something of a mystery why these well-financed companies, media outlets and others he's sued, who can afford just as many lawyers, don't see the opportunity that a meritless case provides.
This is particularly true in a defamation case. A defamation claim is notoriously difficult to bring, not only because one has to prove malice when it involves a public figure like Trump, but also because the truth is a complete defense. And in order to prove the truth of the alleged defamatory statement, one is entitled to discovery from the plaintiff. That extends to anything and everything related to that claim. In addition, if a plaintiff claims damages, those claims are also subject to discovery, so the defendant can refute them.
It appears that at least one group has finally figured this out. In 2022, Trump sued the Pulitzer Prize board for defamation for awarding prizes to The New York Times and The Washington Post for reporting on Russia's involvement in the 2016 election and Trump's campaign's ties that were examined by Special Counsel Robert Mueller. He claims that he has suffered personal and financial harm as a result of those awards. That's a pretty bold assertion, since it's pretty hard for any one entity to hurt a sitting president (since they are covered so widely, by so many outlets). Further, the Pulitzer board did not do the original reporting, or any reporting at all. They just gave awards to the folks who DID do the reporting.
In response to Trump's (obviously spurious) claim, the Board has now served discovery requests seeking all of Trump's tax returns from 2015 to the present, all documents related to his finances and all sources of income for that period and comprehensive medical and psychological records, as well as records of any prescription drugs he's taking. According to the Board, Trump has made all of that relevant by claiming he's been financially and personally harmed by the Board's actions. Trump has 30 days to comply with the requests. And since Trump filed this lawsuit in Florida, which is known for being very averse to these types of nuisance suits, the rules are very broad for defense requests such as these.
In addition to that, since Trump is claiming that the prizes had a "significant impact" on the 2020 election, the Board is also demanding proof of that claim as well as records relating to all of his other defamation suits, including ones brought against him by E. Jean Carroll. Trump is about to get a very big taste of his own medicine. The only question we have is: Why in the world did it take so long for someone to fight back like this? Our prediction for this case? TACO. There's no way he's going to give up all that info, especially given that much of it would become a matter of public record.
We suspect that Trump is going to face more and more pushback of this sort in 2026. First, once one or two defendants resist, it's easier for other defendants to follow suit (no pun intended). Second, Trump's batting percentage in court is around .200 these days (maybe lower), and any entity that is deciding whether or not to fight back has to like chances of success north of 80%. Third, the closer we get to January 20, 2029, the less power Trump has to unleash the powers of the federal government against his opponents. He's got 3 years left, and even Trump's own lawyers aren't able to drag court cases out for that long. Imagine what skilled lawyers can do. (L & Z)