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dsc

(52,167 posts) Thu Apr 25, 2024, 02:13 PM Apr 25

A legal question about Pecker's plea agreement and testimony

Could Cruz, Rubio, and or Clinton sue the National Enquirer and claim that this payola scheme that Trump and Pecker cooked up is the actual malice they need to prove to win their case? I know that actual malice is a very high standard but publishing stories to help a campaign that you at best have no evidence are true seems to meet that standard to this admitted non lawyer.

7 replies

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A legal question about Pecker's plea agreement and testimony (Original Post) dsc Apr 25 OP

I've heard flapping jaws discussing hillaries case..... getagrip_already Apr 25 #1

If Carol Burnett could do it, then so can they. no_hypocrisy Apr 25 #2

You're wrong brooklynite Apr 25 #3

In Carson's case they claimed he left a sponge in a patient dsc Apr 25 #4

Public officials and candidates have to establish a higher standard of intent and damage brooklynite Apr 25 #6

If a plaintiff can prove malice aforethought NanaCat Apr 25 #5

What is the proveable damage? brooklynite Apr 25 #7

getagrip_already

(14,857 posts)

1. I've heard flapping jaws discussing hillaries case.....

Reply to dsc (Original post)

Thu Apr 25, 2024, 02:20 PM

Apr 25

She apparently has a strong one.

no_hypocrisy

(46,213 posts)

2. If Carol Burnett could do it, then so can they.

Reply to dsc (Original post)

Thu Apr 25, 2024, 02:40 PM

Apr 25

brooklynite

(94,751 posts)

3. You're wrong

Reply to dsc (Original post)

Thu Apr 25, 2024, 02:56 PM

Apr 25

Point 1: There is no legal obligation for stories about candidates to be true.

Point 2: There are no damages that could be mitigated by a civil court judgement that Clinton, Cruz or Rubio could request in a civil suit.

dsc

(52,167 posts)

4. In Carson's case they claimed he left a sponge in a patient

Reply to brooklynite (Reply #3)

Thu Apr 25, 2024, 03:13 PM

Apr 25

that is defamatory per se I would think (if it were untrue).

brooklynite

(94,751 posts)

6. Public officials and candidates have to establish a higher standard of intent and damage

Reply to dsc (Reply #4)

Thu Apr 25, 2024, 04:47 PM

Apr 25

https://www.bdblaw.com/defamation-of-public-figure-vs-private-figure/

NanaCat

(1,280 posts)

5. If a plaintiff can prove malice aforethought

Reply to brooklynite (Reply #3)

Thu Apr 25, 2024, 04:02 PM

Apr 25

In writing/publishing a false story, then they most certainly can sue for libel or defamation. Jean Carroll won for that reason, you know.

The question here isn't if they have a case; it's if they are past the statue of limitations to sue.

brooklynite

(94,751 posts)

7. What is the proveable damage?

Reply to NanaCat (Reply #5)

Thu Apr 25, 2024, 04:49 PM

Apr 25

And its irrelevant because financial or repetitional damage isn't something to address in these cases.

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