ThatOwlWoman (05-28-2020)
Joe Scarborough can sue for defamation — and ‘it could require Mr. Trump to pay substantial punitive damages’: Legal expert
Published
1 min ago on
May 28, 2020
By Travis Getty
MSNBC’s Joe Scarborough may have a defamation case against President Donald Trump, according to one legal expert.
Peter Schuck, an emeritus professor of law at Yale and visiting professor at the University of California, Berkeley, laid out the case against the president in a new column for the New York Times.
“Trump’s wantonly cruel tweets about the tragic death in 2001 of Lori Klausutis are distinctive,” Schuck writes. “They may constitute intentional torts for which a civil jury could award punitive damages against him.”The president has not offered any evidence that Scarborough, who was in Washington at the time, was involved in the death of his 28-year-old congressional staffer, who died from a blow to the head after an undiagnosed heart condition caused her to pass out, according to an autopsy.
“Mr. Trump’s first tort is called intentional infliction of emotional distress, which the courts developed precisely to condemn wanton cruelty to another person who suffers emotionally as a result,” Schuck writes. “This tort, which is sometimes called ‘outrage,’ readily applies to Mr. Trump’s tweets about Ms. Klausutis. They were intentional and reckless, and were ‘extreme and outrageous’ without a scintilla of evidence to support them. And they caused severe emotional distress — the protracted, daily-felt grief described in [Timothy] Klausutis’s letter to [Twitter CEO Jack] Dorsey.”
The president’s tweets targeted the “Morning Joe” host, but Schuck argued that Klausutis’s widower had a stronger emotional distress claim than Scarborough — who may be able to win a defamation suit.
“Even so, Mr. Scarborough might succeed in a defamation suit against Mr. Trump for reputational harm,” Schuck argued. “After all, the president’s innuendo that Mr. Scarborough may have murdered Lori Klausutis — presumably credible to the many Trump Twitter followers who subscribe to conspiracy theories — may seriously harm Mr. Scarborough’s reputation with them and others.”
“If the jury found for Mr. Scarborough, it could require Mr. Trump to pay substantial punitive damages in addition to compensation for his reputational harm,” he added.
https://www.rawstory.com/2020/05/joe...-legal-expert/
WK1 3/28-/4 _Cases 301k--Dead 18.1k Lethality 2.72%
WK2 4/5-/13 _Cases 555k--Dead 22.1K Lethality 3.9%
WK3 4/20-/21 Cases 774k -Dead 37.2K Lethality 4.8%
WK4 4/22-/29 Cases 1M --Dead 58.8K Lethality 5.9%
WK5 5/1-/8__ Cases 1.3M -Dead 75.7K Lethality 6.1%
WK6 5/9-16__Cases 1.4M --Dead 85.8K Lethality 6.1%
WK7 5/17-24_Cases 1.7M - Dead 97.6K Lethality 5.9%
WK8 5/28 Cases 1.7M - DEAD 101.2K - Same
ThatOwlWoman (05-28-2020)
Trump setting himself for a possibility lawsuit, demonstrates just how disconnected he is. This is just plain stupid on Trump's part, which causes me to wonder about Trump's mental health.
Scarboro is a public figure
Also, there is audio of him joking about it with Imus
So good luck
That said, I think Trump should let it go.
Truth Detector (05-28-2020)
I think Trumps only defense would be diminished mental capacity, but I'm not sure that's a legitimate claim in a civil case. The standard for defamation against a public figure (and there is no question Scarborough qualifies) is a much higher standard, but there IS still a standard. So, here are the questions that have to be answered:
Was the statement false? Yes, there is absolutely not question that the statement is false.
Did Trump know the statement was false? Of course he did. Unless he claims he is a moron or mentally ill. I don't think those are defenses.
Was the statement malicious and intentional? Yes.
Did the statement harm Scarborough? Look no further than these pages to find that people here believe he is a murderer. So yes.
Boom, done. The problem Joe has is that he has to stand in a long line of people who are going to collect from the Donald, and its hard to make money from a prison cell.
Trumpet (05-28-2020)
WK1 3/28-/4 _Cases 301k--Dead 18.1k Lethality 2.72%
WK2 4/5-/13 _Cases 555k--Dead 22.1K Lethality 3.9%
WK3 4/20-/21 Cases 774k -Dead 37.2K Lethality 4.8%
WK4 4/22-/29 Cases 1M --Dead 58.8K Lethality 5.9%
WK5 5/1-/8__ Cases 1.3M -Dead 75.7K Lethality 6.1%
WK6 5/9-16__Cases 1.4M --Dead 85.8K Lethality 6.1%
WK7 5/17-24_Cases 1.7M - Dead 97.6K Lethality 5.9%
WK8 5/28 Cases 1.7M - DEAD 101.2K - Same
Just wait until after January 20th 2021, you’ll need to get in a long line to get after Trump.
ONE-N-DONE, YOU GOT PLAYED; Time To Play-On
Remember ... ELECTIONS HAVE CONSEQUENCES ... So STFU Bitch
good to know. Trump can then sue all those who have defamed him for the last 4 years.
Abortion rights dogma can obscure human reason & harden the human heart so much that the same person who feels
empathy for animal suffering can lack compassion for unborn children who experience lethal violence and excruciating
pain in abortion.
Unborn animals are protected in their nesting places, humans are not. To abort something is to end something
which has begun. To abort life is to end it.
Truth Detector (05-28-2020)
LOL. No he can't. That's inane. That's like saying Trump can sue Jarod for saying crap about him. He can't, he's a public figure.
Excellence is an art won by training and habituation. We do not act rightly because we have virtue or excellence, but rather we have those because we have acted rightly. We are what we repeatedly do. Excellence, then, is not an act but a habit.
- -- Aristotle
Believe nothing on the faith of traditions, even though they have been held in honor for many generations and in diverse places. Do not believe a thing because many people speak of it. Do not believe on the faith of the sages of the past. Do not believe what you yourself have imagined, persuading yourself that a God inspires you. Believe nothing on the sole authority of your masters and priests. After examination, believe what you yourself have tested and found to be reasonable, and conform your conduct thereto.
- -- The Buddha
It is the mark of an educated mind to be able to entertain a thought without accepting it.
- -- Aristotle
Truth Detector (05-28-2020)
That's not correct. Public figures are not immune from suing for defamation, the standard is just much higher. But Trump blew through that standard. He is wide open to being sued.
Depending on what is said on one of these boards, sure Trump could sue. The problem is that he could never prove damages. But Scarborough can. Because the person making the statement is not an anonymous poster on a small message board. He is the President of the United States.
Excellence is an art won by training and habituation. We do not act rightly because we have virtue or excellence, but rather we have those because we have acted rightly. We are what we repeatedly do. Excellence, then, is not an act but a habit.
- -- Aristotle
Believe nothing on the faith of traditions, even though they have been held in honor for many generations and in diverse places. Do not believe a thing because many people speak of it. Do not believe on the faith of the sages of the past. Do not believe what you yourself have imagined, persuading yourself that a God inspires you. Believe nothing on the sole authority of your masters and priests. After examination, believe what you yourself have tested and found to be reasonable, and conform your conduct thereto.
- -- The Buddha
It is the mark of an educated mind to be able to entertain a thought without accepting it.
- -- Aristotle
Truth Detector (05-28-2020)
I'm not being obtuse. In order for a public figure to sue for defamation, they need to prove the following:
1. The statement was false.
2. The statement was made with the knowledge that it was false.
3. The statement must be intentionally malicious (this is where the standard is much higher)
4. The statement damages the subject.
Those are all true for Trumps statement about Scarborough. I'd be happy to have you show me an example in which someone did that to Trump. I'm interested in hearing about this one.
CharacterAssassin (05-28-2020)
"When government fears the people, there is liberty. When the people fear the government, there is tyranny."
A lie doesn't become the truth, wrong doesn't become right, and evil doesn't become good just because it is accepted by a majority.
Author: Booker T. Washington
"When government fears the people, there is liberty. When the people fear the government, there is tyranny."
A lie doesn't become the truth, wrong doesn't become right, and evil doesn't become good just because it is accepted by a majority.
Author: Booker T. Washington
"When government fears the people, there is liberty. When the people fear the government, there is tyranny."
A lie doesn't become the truth, wrong doesn't become right, and evil doesn't become good just because it is accepted by a majority.
Author: Booker T. Washington
"When government fears the people, there is liberty. When the people fear the government, there is tyranny."
A lie doesn't become the truth, wrong doesn't become right, and evil doesn't become good just because it is accepted by a majority.
Author: Booker T. Washington
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