Truth is a defense

Taking a break from arguing for the reelection of the lyingest liar in the history of the presidency, Donald Trump’s campaign filed suit against The New York Times, claiming a March 2019 column written by former Times executive editor Max Frankel is libelous.

Frankel’s argument was succinct: “There was no need for detailed electoral collusion between the Trump campaign and Vladimir Putin’s oligarchy because they had an overarching deal: the quid of help in the campaign against Hillary Clinton for the quo of a new pro-Russian foreign policy, starting with relief from the Obama administration’s burdensome economic sanctions.”

To paraphrase one of the best-known principles in First Amendment law: If what is written is factually correct, it can’t be libelous.

It is a fact that Russia was seeking relief from the sanctions imposed by the Magnitsky Act. It is a fact that Trump campaign officials were open to providing that relief. The stated topic of the infamous Trump Tower meeting with Don Trump Jr., in which the prospect of getting “dirt” on Hillary Clinton arose, was Russian adoptions, which is inextricably linked to sanctions relief.

Separately, then-Trump campaign foreign policy adviser Michael Flynn pleaded guilty to lying to the FBI for concealing his reasons for speaking with Russia’s foreign minister; the call was actually about lifting sanctions.

Frankel’s opinion based on these true facts can’t be the basis for a defamation claim.

Every lawsuit has something called discovery, which would require both sides to be deposed. Will Trump campaign officials go under oath?