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		<title>Mike Lindell attorney filed error-filled AI-generated motion</title>
		<link>https://homesafetytechpros.com/mike-lindell-attorney-filed-error-filled-ai-generated-motion/</link>
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		<pubDate>Fri, 25 Apr 2025 18:20:41 +0000</pubDate>
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					<description><![CDATA[<p>Main: Mike Lindell gives a thumbs-up as he passes by a rally for supporters of former President Donald Trump, Tuesday, April 4, 2023, in West Palm Beach, Fla. (AP Photo/Wilfredo Lee). Inset: Attorney Christopher Kachouroff, who allegedly submitted an AI-generated court filing rife with errors in a defamation case against Lindell (YouTube/Inside Edition). A federal [&#8230;]</p>
<p>The post <a href="https://homesafetytechpros.com/mike-lindell-attorney-filed-error-filled-ai-generated-motion/">Mike Lindell attorney filed error-filled AI-generated motion</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
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<div id="attachment_521795" style="width: 1210px" class="wp-caption alignnone"><img fetchpriority="high" decoding="async" aria-describedby="caption-attachment-521795" class="size-full wp-image-521795" src="https://am21.mediaite.com/lc/cnt/uploads/2025/04/dasfasdfadf.jpg" alt="Main: Mike Lindell gives a thumbs up as he passes by a rally for supporters of former President Donald Trump, Tuesday, April 4, 2023, in West Palm Beach, Fla. (AP Photo/Wilfredo Lee). Inset: Attorney Christopher Kachouroff, who allegedly submitted an AI-generated court filing rife with errors in a defamation case against Lindell (YouTube/Inside Edition)." width="1200" height="627"/></p>
<p id="caption-attachment-521795" class="wp-caption-text">Main: Mike Lindell gives a thumbs-up as he passes by a rally for supporters of former President Donald Trump, Tuesday, April 4, 2023, in West Palm Beach, Fla. (AP Photo/Wilfredo Lee). Inset: Attorney Christopher Kachouroff, who allegedly submitted an AI-generated court filing rife with errors in a defamation case against Lindell (YouTube/Inside Edition).</p>
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<p>A federal judge in <a href="https://lawandcrime.com/tag/colorado/">Colorado</a> issued a scathing rebuke of MyPillow CEO <a href="https://lawandcrime.com/tag/mike-lindell/">Mike Lindell</a> for allegedly submitting a court filing rife with errors because his attorney allegedly used a generative artificial intelligence program, citing several court cases that don’t exist. The filing came in connection with a <a href="https://lawandcrime.com/high-profile/defendants-are-millions-of-dollars-in-arrears-mypillow-ceo-mike-lindells-lawyers-are-abandoning-him-in-dominion-lawsuit/">defamation lawsuit against the pillow magnate</a> filed by Eric Coomer, the former head of product security for Dominion Voting Systems, over the numerous false claims levied against him and the company by Lindell following the 2020 presidential election.</p>
<p>According to a <a href="https://storage.courtlistener.com/recap/gov.uscourts.cod.215068/gov.uscourts.cod.215068.309.0.pdf">six-page order</a> from U.S. District Judge Nina Y. Wang, the incident began when Lindell’s attorney, Christopher Kachouroff, came unprepared to an April 21, hearing. During that hearing, Wang questioned Kachouroff about a number of errors in an opposition motion he had signed and filed.</p>
<p>“These defects include but are not limited to misquotes of cited cases; misrepresentations of principles of law associated with cited cases, including discussions of legal principles that simply do not appear within such decisions; misstatements regarding whether case law originated from a binding authority such as the United States Court of Appeals for the Tenth Circuit; misattributions of case law to this District; and most egregiously, citation of cases that do not exist,” Wang wrote. “Despite having every opportunity to do so, Mr. Kachouroff declined to explain to the Court how the Opposition became replete with such fundamental errors.”</p>
<p>Kachouroff initially claimed that he had simply “made a mistake” and accidentally “paraphrased” some cases, but eventually told the court that he had “given the cite checking to another person.”</p>
<p>“Time and time again, when Mr. Kachouroff was asked for an explanation of why citations to legal authorities were inaccurate, he declined to offer any explanation, or suggested that it was a “draft pleading,” the judge wrote.</p>
<aside class="o-callout__recirculate o-callout"/>
<p>Wang wrote that it wasn’t until she “directly” asked Kachouroff whether his work was the “product of generative artificial intelligence” that the attorney admitted it was.</p>
<p>The “pervasiveness of the errors” in Kachouroff’s filing were so glaring, that Wang said she was even skeptical of his claim that he had “personally outlined and wrote a draft of a brief before utilizing generative artificial intelligence.”</p>
<p>Referring to the submission as “wholly deficient,” Wang ordered the defendants to show cause as to why the court should not sanction Lindell, MyPillow, Kachouroff, and anyone else associated with the motion. She also threatened to refer Kachouroff to disciplinary proceedings for violating the Rules of Professional Conduct.</p>
<p>The defendants in the case have until May 5, to file responses to Wang’s order to show cause regarding sanctions and disciplinary proceedings.</p>
<p>This was not the first time that Kachouroff has been caught with his pants down during court proceedings — literally. During a February 2024 hearing in Georgia, Kachouroff, who represented one of the co-defendants in the case against Donald Trump and his cohorts for alleged election interference, <a href="https://www.youtube.com/watch?v=28ZM4jwjZEc&amp;ab_channel=InsideEdition">appeared on camera for a Zoom hearing, walking around his office sans pants</a>.</p>
<div id="attachment_521797" style="width: 1210px" class="wp-caption alignnone"><img decoding="async" aria-describedby="caption-attachment-521797" class="size-full wp-image-521797" src="https://am23.mediaite.com/lc/cnt/uploads/2025/04/asdfadfa.jpg" alt="Kachouroff on a February 2024, Zoom hearing stemming from Trump" s="" alleged="" election="" interference="" in="" georgia="" edition="" width="1200" height="627"/></p>
<p id="caption-attachment-521797" class="wp-caption-text">Kachouroff on a February 2024, Zoom hearing stemming from Trump’s alleged election interference in Georgia (YouTube/Inside Edition).</p>
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<br /><a href="https://lawandcrime.com/high-profile/mike-lindell-attorney-facing-sanctions-over-ai-generated-motion-citing-cases-that-do-not-exist-in-defamation-case-against-ex-dominion-executive/">Source link </a></p>
<p>The post <a href="https://homesafetytechpros.com/mike-lindell-attorney-filed-error-filled-ai-generated-motion/">Mike Lindell attorney filed error-filled AI-generated motion</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
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		<title>Fox News cannot depose billionaire in Smartmatic lawsuit</title>
		<link>https://homesafetytechpros.com/fox-news-cannot-depose-billionaire-in-smartmatic-lawsuit/</link>
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		<pubDate>Fri, 11 Apr 2025 02:24:37 +0000</pubDate>
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					<description><![CDATA[<p>NEW YORK, NY — MARCH 20: The News Corp. building on 6th Avenue, home to Fox News, the New York Post and the Wall Street Journal, on March 20, 2019 in New York City, New York. Disney acquired Fox today in a $71.3 million deal (Photo by Kevin Hagen/Getty Images). Fox News received mix news [&#8230;]</p>
<p>The post <a href="https://homesafetytechpros.com/fox-news-cannot-depose-billionaire-in-smartmatic-lawsuit/">Fox News cannot depose billionaire in Smartmatic lawsuit</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
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<div id="attachment_421849" style="width: 1210px" class="wp-caption alignnone"><img fetchpriority="high" decoding="async" aria-describedby="caption-attachment-421849" class="size-full wp-image-421849" src="https://am23.mediaite.com/lc/cnt/uploads/2023/11/Fox-News-logo.jpg" alt="Fox News logo on News Corp. building" width="1200" height="627"/></p>
<p id="caption-attachment-421849" class="wp-caption-text">NEW YORK, NY — MARCH 20: The News Corp. building on 6th Avenue, home to Fox News, the New York Post and the Wall Street Journal, on March 20, 2019 in New York City, New York. Disney acquired Fox today in a $71.3 million deal (Photo by Kevin Hagen/Getty Images).</p>
</div>
<p><a href="https://lawandcrime.com/high-profile/he-has-failed-to-plead-actual-malice-fox-news-presses-judge-to-dismiss-renewed-defamation-lawsuit-filed-by-man-at-the-center-of-jan-6-false-flag-conspiracy-theory/" target="_blank" rel="noopener">Fox News</a> received mix news from a Manhattan judge on Thursday in an effort to obtain testimony about the valuation of voting software and hardware company <a href="https://lawandcrime.com/high-profile/serious-allegations-of-corruption-fox-news-sues-la-county-for-declining-to-provide-public-records-about-smartmatic-relationship/" target="_blank" rel="noopener">Smartmatic Corp</a>.</p>
<p>Attorneys for the network hoped to depose billionaire Reid Hoffman, the co-founder of business-themed social media website LinkedIn.</p>
<p>In a bench ruling, New York Supreme Court Justice David Cohen nixed the Hoffman deposition request, according to a courtroom report by <a href="https://www.courthousenews.com/fox-news-loses-bid-to-depose-billionaire-reid-hoffman-backer-of-smartmatic-defamation-case/" target="_blank" rel="noopener">Courthouse News Service</a>. The network aimed to get Hoffman on the record over reported comments made by one of the billionaire’s longtime associates about a meeting with Smartmatic’s top brass.</p>
<p>At the same time, the judge signed off on a request to depose Dmitri Mehlhorn, Hoffman’s former political strategist and business partner.</p>
<aside class="o-callout__recirculate o-callout"/>
<p>The cable news network’s deposition requests stem from a July 2024 article in <a href="https://www.washingtonpost.com/style/media/2024/07/08/reid-hoffman-funds-smartmatic-fox-lawsuit/" target="_blank" rel="noopener">The Washington Post</a> titled, “A billionaire is boosting a major defamation lawsuit against Fox News.” The article details Hoffman’s decision to make a “multimillion-dollar investment intended in part to help the company sustain its costly litigation.”</p>
<p>In the article by reporter Jeremy Barr, Hoffman’s own voice is absent; Mehlhorn, however, is quoted on his then-boss’s behalf.</p>
<p>“Not only is Smartmatic a great investment in terms of financial returns, this was a way to provide capital that would allow the truth to be found in the courts,” Mehlhorn said. “This is a company that is a great company with a great CEO, and this case is a great case.”</p>
<p>The decision to invest — <a href="https://news.bloomberglaw.com/business-and-practice/fox-sues-linkedin-co-founder-hoffman-for-litigation-funding-info" target="_blank" rel="noopener">later reported</a> to be to the tune of $25 million — came about after Hoffman met with Smartmatic CEO Antonio Mugica to discuss the company’s financial condition.</p>
<p>Fox News, for its part, is largely concerned about comments Mehlhorn made to the Post that estimated the company’s valuation.</p>
<p>“The 2024 election is the biggest election in Earth’s history, and the market is massive, and Smartmatic was built to seize it, and they’ve spent the last four years dealing with a coordinated and orchestrated smear campaign,” he told the newspaper. “They could be a $400 million company right now if not for the slander and the smears.”</p>
<p>The network will likely seek to explore those comments in relation to the $2.7 billion in damages Smartmatic claims in their <a href="https://lawandcrime.com/lawsuit/fox-corps-ordered-to-face-2-7-billion-smartmatic-defamation-suit-over-election-conspiracy-theories-that-were-allegedly-reported-on-fox-news/" target="_blank" rel="noopener">defamation lawsuit</a> over false “conspiracy theories” about rigging the 2020 election which were allegedly reported by the network.</p>
<p>On Thursday, Fox News lawyer Winn Allen told the court that Mehlhorn’s comments show Smartmatic “grossly inflated” the damages they are seeking, according to Courthouse News.</p>
<p>The network argued Hoffman could help their defense since one issue is the valuation of the company prior to the alleged defamation. Allen reportedly said his clients prioritized Hoffman’s deposition because “he’s the one who put his money on the line for this company.”</p>
<p>Cohen was not convinced.</p>
<p>The judge ruled that Mehlhorn would be appropriate to depose because he was the one who commented on the investment to the media.</p>
<p>The deposition will be limited to two hours; the network will only be able to ask questions about communications and discussions Mehlhorn and Hoffman had with Mugica prior to the investment.</p>
<p><a href="https://lawandcrime.com/email-newsletter/" target="_blank" rel="noopener noreferrer"><strong>Love true crime? Sign up for our newsletter, The Law&amp;Crime Docket, to get the latest real-life crime stories delivered right to your inbox.</strong></a></p>
<p>In a statement, Fox News referenced the <a href="https://www.justice.gov/archives/opa/pr/four-men-charged-philippine-bribery-and-money-laundering-scheme" target="_blank" rel="noopener">August 2024</a> indictment of other current and former Smartmatic executives. That criminal case, however, cannot factor into the civil trial, Cohen <a href="https://www.courthousenews.com/fox-news-loses-bid-to-get-smartmatic-criminal-documents-in-defamation-case/" target="_blank" rel="noopener">previously ruled</a>.</p>
<p>“The evidence shows that Smartmatic’s business and reputation were badly suffering long before any claims by President Trump’s lawyers on FOX News and that Smartmatic grossly inflated its damage claims to generate headlines and chill free speech,” the network told Law&amp;Crime. “Now, in the aftermath of Smartmatic’s executives getting indicted for bribery charges, we are eager and ready to continue defending our press freedoms and look forward to deposing Dmitri Mehlhorn.”</p>
<p>Law&amp;Crime also reached out to a representative for Smartmatic, but no response was immediately forthcoming at the time of publication.</p>
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<p>The post <a href="https://homesafetytechpros.com/fox-news-cannot-depose-billionaire-in-smartmatic-lawsuit/">Fox News cannot depose billionaire in Smartmatic lawsuit</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
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		<title>Former George Mason University law prof says he&#8217;s &#8216;fully vindicated&#8217; after &#8216;relatively modest&#8217; defamation suit settlement</title>
		<link>https://homesafetytechpros.com/former-george-mason-university-law-prof-says-hes-fully-vindicated-after-relatively-modest-defamation-suit-settlement/</link>
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		<pubDate>Mon, 17 Mar 2025 15:28:05 +0000</pubDate>
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					<description><![CDATA[<p>Home Daily News Former George Mason University law prof says… Verdicts &#38; Settlements Former George Mason University law prof says he&#8217;s &#8216;fully vindicated&#8217; after &#8216;relatively modest&#8217; defamation suit settlement By Debra Cassens Weiss March 12, 2025, 2:59 pm CDT A former professor at the George Mason University Antonin Scalia Law School has reached a settlement [&#8230;]</p>
<p>The post <a href="https://homesafetytechpros.com/former-george-mason-university-law-prof-says-hes-fully-vindicated-after-relatively-modest-defamation-suit-settlement/">Former George Mason University law prof says he&#8217;s &#8216;fully vindicated&#8217; after &#8216;relatively modest&#8217; defamation suit settlement</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
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<p>Verdicts &amp; Settlements</p>
<h2>Former George Mason University law prof says he&#8217;s &#8216;fully vindicated&#8217; after &#8216;relatively modest&#8217; defamation suit settlement</h2>
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<p class="byline">By <a href="https://www.abajournal.com/authors/4/" title="View this author's information" style="color:{default_link_color};">Debra Cassens Weiss</a></p>
<p class="dateline"><time>March 12, 2025, 2:59 pm CDT</time></p>
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<p><em>A former professor at the George Mason University Antonin Scalia Law School has reached a settlement in his defamation lawsuit against two former students. (Photo from <a href="https://www.shutterstock.com/image-photo/fairfax-virginia-usa-september-4-2021-2043548549">Shutterstock</a>)</em></p>
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<p>A former professor at the George Mason University Antonin Scalia Law School has reached a settlement in <a href="https://www.abajournal.com/news/article/former-law-profs-suit-says-sexual-harassment-accusers-are-scorned-former-lovers">his defamation lawsuit</a> against two former students who alleged that he abused his power to initiate sexual relationships with them when they were law students.</p>
<p>Professor Joshua D. Wright settled with Elyse Dorsey and dropped his claim against Freshfields counsel Angela Landry, report <a href="https://www.law.com/nationallawjournal/2025/03/10/in-settlement-on-eve-of-trial-ex-gmu-scalia-law-professor-ends-defamation-lawsuit-against-accusers">Law.com</a>, <a href="https://www.law360.com/legalethics/articles/2307353">Law360</a> and <a href="https://www.reuters.com/legal/legalindustry/ex-law-prof-seeks-end-his-case-against-former-students-who-accused-him-sexual-2025-03-07">Reuters</a>.</p>
<p>His <a href="https://drive.google.com/file/d/1rBN0_RIZ_4L0uNgw2EuQ-I-Hn7xqGQHU/view">suit</a>, filed in Fairfax County, Virginia, circuit court, had sought $108 million in damages.</p>
<p>The articles identify Dorsey as a Kirkland &amp; Ellis partner, but the law firm’s website page for her appears to have been removed.</p>
<p>Dorsey’s settlement “provides Wright with a relatively modest amount of compensation and allows Dorsey to continue speaking out,” Law.com reports. Wright filed a motion to end the litigation last week.</p>
<p>Wright had maintained that the relationships were consensual, and the two women were “scorned former lovers.” In a statement released to Law360, he said he is “relieved to have been fully vindicated. The evidence has made it undeniably clear that the relationships in question were consensual from the start. I remain fully committed to defending my reputation and will not hesitate to take further legal action if necessary to hold accountable those responsible for false accusations.”</p>
<p>The two defendants said they were pleased with the development.</p>
<p>A <a href="https://x.com/ElyseOnLife/status/1898396067378380934/photo/1">statement</a> by Dorsey’s lawyer said the settlement will exclusively be paid from insurance “and constituted less than 0.3% of the damages professor Wright sought in the litigation,” according to Law.com.</p>
<p>“Settling this case was a difficult decision, but it allows me to continue my advocacy work without the distraction or continued trauma of ongoing litigation,” Dorsey said in a statement cited by Law.com.</p>
<p>Wright has the option of refiling his claim within six months against Landry. Her lawyer, Stacey Rose Harris, told Law.com that the dismissal “obviously speaks for itself.”</p>
<p>“Parties ‘vindicated’ in litigation don’t voluntarily dismiss their own claims on the eve of trial,” Harris said.</p>
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		<title>Trump ‘naked forum-shopping’ in CBS defamation suit: Network</title>
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		<pubDate>Fri, 07 Mar 2025 03:04:43 +0000</pubDate>
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					<description><![CDATA[<p>Main:President Donald Trump speaks with reporters in the Oval Office at the White House, Tuesday, Feb. 11, 2025, in Washington, D.C. (Photo/Alex Brandon). Inset: Main: Matthew Kacsmaryk during his confirmation hearing before the Senate Judiciary Committee on Capitol Hill in Washington, on Dec. 13, 2017 (AP Photo/Charlie Neibergall, File). Attorneys for CBS are asking a [&#8230;]</p>
<p>The post <a href="https://homesafetytechpros.com/trump-naked-forum-shopping-in-cbs-defamation-suit-network/">Trump ‘naked forum-shopping’ in CBS defamation suit: Network</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
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<p id="caption-attachment-512397" class="wp-caption-text">Main:President Donald Trump speaks with reporters in the Oval Office at the White House, Tuesday, Feb. 11, 2025, in Washington, D.C. (Photo/Alex Brandon). Inset: Main: Matthew Kacsmaryk during his confirmation hearing before the Senate Judiciary Committee on Capitol Hill in Washington, on Dec. 13, 2017 (AP Photo/Charlie Neibergall, File).</p>
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<p>Attorneys for CBS are asking a federal judge in <a href="https://lawandcrime.com/tag/lawsuit/">Texas</a> to dismiss a lawsuit filed by <a href="https://lawandcrime.com/tag/donald-trump/">Donald Trump</a> accusing the network of engaging in “naked forum-shopping” as part of an effort to have the case heard by a judge that may be more amenable to the president’s claims</p>
<p><a href="https://lawandcrime.com/high-profile/unfair-competition-trump-now-wants-20-billion-from-cbs-over-kamala-harris-60-minutes-interview-as-he-amends-lawsuit-to-add-new-claims-and-a-co-plaintiff/">The now-$20 billion suit</a> stems from the network’s October 2024, “60 Minutes” interview with then-Vice President Kamala Harris. It claims the aired footage was deceptively “doctored” to “tip the scales” in favor of Democrats, which amounted to “unlawful election interference.”</p>
<p>The long-shot complaint was filed in November 2024 in the Northern District of Texas Amarillo Division, where U.S. District Judge Matthew Kacsmaryk — a Trump appointee <a href="https://lawandcrime.com/high-profile/trump-appointed-judge-offers-blistering-response-to-unserious-jack-smith-paper-shredding-claims/">known to be</a> <a href="https://lawandcrime.com/high-profile/federal-appeals-court-smacks-down-texas-judge-known-for-anti-abortion-rulings/">particularly receptive</a> <a href="https://lawandcrime.com/high-profile/ken-paxton-sues-biden-harris-administration-over-plans-to-send-federal-officials-to-monitor-polls-in-texas/">to conservative lawsuits</a> — is the lone federal judge. The problem, according attorneys for CBS and its parent company, Paramount Global, is that the court has no jurisdiction because none of the allegations in the complaint have any connection to the Lone Star State.</p>
<p>“Plaintiff Donald J. Trump, a citizen of Florida, brings this lawsuit against three media companies, all of which are based in New York, over an interview with former Vice President Kamala Harris that took place in Washington, D.C., was edited in New York, and was later broadcast across the United States from New York,” the opening line of the network’s <a href="https://storage.courtlistener.com/recap/gov.uscourts.txnd.396451/gov.uscourts.txnd.396451.50.0.pdf">33-page motion states</a>. “President Trump knows well that he cannot simply select his preferred jurisdiction when that jurisdiction bears little or no relationship to the events giving rise to his claim.”</p>
<p>Likely anticipating the defendants’ would challenge the suit on jurisdictional grounds, Trump <a href="https://lawandcrime.com/high-profile/unfair-competition-trump-now-wants-20-billion-from-cbs-over-kamala-harris-60-minutes-interview-as-he-amends-lawsuit-to-add-new-claims-and-a-co-plaintiff/">last month added as a co-plaintiff to the action</a>: Texas Rep. Ronny Jackson, a Republican from Amarillo who previously served as Trump’s White House doctor.</p>
<p>The <a href="https://www.courtlistener.com/docket/69332852/36/trump-v-cbs-broadcasting-inc/">amended complaint</a> states that Jackson is “a consumer of broadcast and digital news media content,” including content from CBS, and “he has thus been injured.”</p>
<aside class="o-callout__recirculate o-callout"/>
<p>The network calls out the president’s alleged ploy, claiming Jackson was only added to the suit “in a vain effort to manufacture a connection to the District” to keep the case before Kacsmaryk.</p>
<p>“While Rep. Jackson is a citizen of Texas, the Amended Complaint is devoid of any factual allegations that he watched the Face the Nation or 60 Minutes broadcasts from Texas (or indeed, from anywhere) or suffered any injury in Texas (or indeed, anywhere else),” the motion states. “The Court should reject Plaintiffs’ naked forum-shopping and either dismiss or transfer the case.”</p>
<p>Kacsmaryk is best known for blocking the Biden administration from ending Trump’s “remain in Mexico” program and ordering the U.S. Food and Drug Administration to revoke approval of mifepristone, a drug commonly used in abortions. The latter order launched a nationwide debate over the consequences of allowing a federal judge to second-guess the FDA’s scientific judgment regarding a medical regulations. It was eventually <a href="https://lawandcrime.com/supreme-court/correctly-applies-our-precedents-kavanaugh-thomas-lead-unanimous-scotus-rejection-of-doctors-suing-fda-over-abortion-drug/">overturned by the Supreme Court</a> in an unanimous decision, though on narrow procedural grounds.</p>
<p>Other Republicans, such as Texas Attorney General Ken Paxton, have <a href="https://lawandcrime.com/awkward/the-only-remaining-explanation-doj-accuses-texas-ag-ken-paxton-of-judge-shopping-to-get-immigration-case-before-trump-appointee/">similarly been accused</a> of filing cases in Kacsmaryk’s district, knowing he is the only federal judge in Amarillo.</p>
<p>CBS also took aim at Trump’s claim that local nonparty stations in Amarillo “have employees whose knowledge will be relevant to this case within Texas,” but “tellingly” does so without identifying any of the employees or what relevant knowledge they could possibly have.</p>
<p>“That is because there are none,” the network wrote in reference to the supposed employees.</p>
<p>The president’s lawsuit has been disparaged by legal experts as being a meritless political stunt and assault on the First Amendment.</p>
<p>National security attorney Mark Zaid, who <a href="https://lawandcrime.com/objections-podcast/we-will-hunt-you-down-whistleblowers-lawyer-from-first-trump-impeachment-recounts-death-threats-against-him-that-recently-sent-a-man-to-prison/">previously represented</a> a whistleblower connected to Trump’s first impeachment, said the lawsuit was on par with the former president’s penchant for weaponizing the legal system against his perceived enemies.</p>
<p>“This is such an abuse of the litigation system, which is consistent for the former President &amp; many of his lawyers,” Zaid <a href="https://x.com/MarkSZaidEsq/status/1852188193950478795">wrote on X,</a> formerly Twitter. “I have already sought to sanction some of them in other cases. Very possible the bar associations of jurisdiction ultimately weigh in.”</p>
<p>Robert Jensen, an emeritus professor of journalism at the University of Texas at Austin, had a similar take.</p>
<p>“This is obviously a public relations stunt, an attempt to undermine the credibility of not only Harris and not only of CBS News, but of all traditional mainstream legacy media,” Jensen <a href="https://www.washingtonpost.com/politics/2024/10/31/trump-sues-60-minutes-cbs-kamala-harris/">told</a> The Washington Post. “Traditional mainstream legacy media reports critically about Trump’s deceptions, his coarse language, his lies, his abusive language, and so Trump is always trying to undermine the credibility of those journalists.”</p>
<p>Rebecca Tushnet, the Frank Stanton professor of First Amendment law at Harvard Law School, was even more direct, telling CNN the filing was laughable.</p>
<p>“It’s ridiculous junk and should be mocked,” she <a href="https://www.cnn.com/2024/11/01/media/trump-cbs-lawsuit-harris-60-minutes-interview/index.html">told</a> the cable news network.</p>
<p>Noah Feldman, a constitutional law professor at Harvard Law, <a href="https://www.cbsnews.com/news/trump-sues-cbs-news-60-minutes-interview/">told</a> CBS News that the allegations amount to an “outrageous violation of First Amendment principles, adding that the complaint is “so ill grounded that it comes close to being sanctionable as frivolous.”</p>
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<p>The post <a href="https://homesafetytechpros.com/trump-naked-forum-shopping-in-cbs-defamation-suit-network/">Trump ‘naked forum-shopping’ in CBS defamation suit: Network</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
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		<title>Appeals court affirms Devin Nunes&#8217; loss in defamation suit</title>
		<link>https://homesafetytechpros.com/appeals-court-affirms-devin-nunes-loss-in-defamation-suit/</link>
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		<pubDate>Tue, 28 Jan 2025 07:16:48 +0000</pubDate>
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					<description><![CDATA[<p>Former Rep. Devin Nunes, R-Calif., applauds in the audience as former President Donald Trump announces he is running for president for the third time as he speaks at Mar-a-Lago in Palm Beach, Fla., Tuesday, Nov. 15, 2022. (AP Photo/Andrew Harnik) A federal appeals court in Iowa handed Devin Nunes another loss in his defamation suit [&#8230;]</p>
<p>The post <a href="https://homesafetytechpros.com/appeals-court-affirms-devin-nunes-loss-in-defamation-suit/">Appeals court affirms Devin Nunes&#8217; loss in defamation suit</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
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<div id="attachment_467010" style="width: 1210px" class="wp-caption alignnone"><img fetchpriority="high" decoding="async" aria-describedby="caption-attachment-467010" class="size-full wp-image-467010" src="https://am22.mediaite.com/lc/cnt/uploads/2024/07/AP22320159385403.jpg" alt="Devin Nunes" width="1200" height="627"/></p>
<p id="caption-attachment-467010" class="wp-caption-text">Former Rep. Devin Nunes, R-Calif., applauds in the audience as former President Donald Trump announces he is running for president for the third time as he speaks at Mar-a-Lago in Palm Beach, Fla., Tuesday, Nov. 15, 2022. (AP Photo/Andrew Harnik)</p>
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<p>A federal appeals court in <a href="https://lawandcrime.com/tag/iowa/">Iowa</a> handed <a href="https://lawandcrime.com/tag/devin-nunes/">Devin Nunes</a> another loss in his defamation suit against journalist Ryan Lizza and Hearst Magazines over a 2018 Esquire article that said the Nunes family’s dairy farm knowingly employed undocumented immigrants after a lower court judge determined that <a href="https://lawandcrime.com/lawsuit/bad-moos-for-devin-nunes-defamation-lawsuit-judge-finds-it-substantially-objectively-true-that-family-farm-knowingly-hired-undocumented-immigrants/">the story was “substantially, objectively true.”</a></p>
<p>A three-judge panel on the U.S. Court of Appeals for the Eighth Circuit on Monday <a href="https://storage.courtlistener.com/recap/gov.uscourts.ca8.106317/gov.uscourts.ca8.106317.805181984.3.pdf">affirmed</a> the <a href="https://s3.documentcloud.org/documents/23789570/nunes-lizza-opinion.pdf">lower court’s ruling</a> which granted the defendants’ motion for summary judgment, reasoning that the former Republican congressman-turned-Truth Social CEO and his family’s dairy farm failed to provide any evidence that the article caused monetary damage.</p>
<p>The former California congressman, who has waged numerous <a href="https://lawandcrime.com/?s=nunes">unsuccessful (so far) lawsuits</a> over the years — <a href="https://www.nytimes.com/2020/06/25/us/politics/devin-nunes-cow-tweets.html">perhaps most infamously</a> against the Twitter accounts Devin Nunes’ Cow and Devin Nunes’ Mom — first filed suit against Lizza and Hearst in September 2019. The complaint alleged that Politico’s Lizza, then an independent contractor reporting for Esquire, defamed the congressman with actual malice and conspired to publish the “hit piece” <a href="https://www.esquire.com/news-politics/a23471864/devin-nunes-family-farm-iowa-california/">headlined</a> “Devin Nunes’s Family Farm is Hiding a Politically Explosive Secret.”</p>
<p>A second defamation lawsuit was filed on behalf of the dairy farm itself, NuStar Farms, Anthony Nunes Jr. and Anthony Nunes III, Devin Nunes’ father and brother, on Jan. 16, 2020. The cases were consolidated in February 2022.</p>
<aside class="o-callout__recirculate o-callout"/>
<p>The plaintiffs attempted to show that it was defamatory of Lizza to write — and for Esquire to publish — that the Nunes family, which “owned and operated a dairy farm in Tulare, California for more than a century,” had “knowingly” employed undocumented immigrants, despite then-President Donald Trump’s hard-line stance on illegal immigration and the then-GOP congressman’s support for Trump and his immigration policies.</p>
<p>In the lower court ruling, the presiding judge found that Nunes and the farm likely knew that at least some of the farm laborers were not legally in the country.</p>
<p>“Despite the fact that NuStar plaintiffs legally needed to obtain verification from prospective employees through unexpired documents, they accepted expired cards, at least some of which explicitly stated when they expired,” Williams wrote. “For instance, the state identification card one worker presented to them had an expiration date on it, as did some of the resident cards and permanent resident cards.”</p>
<p>In affirming the lower court’s ruling, the panel reiterated that Nunes had claimed the article “impaired his future career opportunities, impacted his ability to raise funds, and damaged his election campaign for Congress in 2018.” However, the court then emphasized that Nunes won his 2018 reelection campaign and accumulated more than double the amount of money from donations in the two years after the article was published (over $26 million) than the two years prior to its publication (nearly $13 million).</p>
<p>The court further found that the Esquire article didn’t appear to harm Nunes’ employment prospects.</p>
<p>“Nunes also failed to present sufficient evidence that the article impaired his prospects for employment,” the ruling states. “The only evidence regarding Nunes’s employment shows that after he retired from Congress, he became the chief executive officer of Trump Media &amp; Technology Group, Corp., with a starting salary of $750,000. The job, Nunes admits, was secured ‘based on the strength of Congressman Nunes’s reputation.’ Nunes thus did not produce evidence to support his allegation that he suffered economic loss as a result of the article.”</p>
<p>The panel similarly tossed the dairy farm’s case, noting that the establishment also did not provide the court with any proof that it suffered financial or reputational losses aside from claiming that one unnamed person stopped doing business with the farm as a result of the article.</p>
<p>“But the NuStar plaintiffs failed to produce evidence that the suggested business relationship existed, let alone that the other party discontinued the association. This bare assertion of lost business is insufficient to establish a cognizable injury,” the panel wrote. “Because they presented no evidence of a preexisting good reputation that could have been damaged by the article, the NuStar plaintiffs failed to create a genuine dispute for trial about whether they suffered a cognizable injury.”</p>
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		<title>Ex-Trump ethics lawyer&#8217;s Jan. 6 Committee lawsuit dismissed</title>
		<link>https://homesafetytechpros.com/ex-trump-ethics-lawyers-jan-6-committee-lawsuit-dismissed/</link>
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		<pubDate>Sat, 25 Jan 2025 14:08:54 +0000</pubDate>
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					<description><![CDATA[<p>Stefan Passantino appearing on The Tucker Carlson Show in November 2024 (YouTube). A federal judge in Georgia has tossed out a lawsuit filed by a former Trump White House ethics lawyer accusing members of the House Committee to Investigate Jan. 6 of civil conspiracy and invasion of privacy in connection with their investigation into the [&#8230;]</p>
<p>The post <a href="https://homesafetytechpros.com/ex-trump-ethics-lawyers-jan-6-committee-lawsuit-dismissed/">Ex-Trump ethics lawyer&#8217;s Jan. 6 Committee lawsuit dismissed</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
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<div id="attachment_503881" style="width: 1210px" class="wp-caption alignnone"><img fetchpriority="high" decoding="async" aria-describedby="caption-attachment-503881" class="size-full wp-image-503881" src="https://am24.mediaite.com/lc/cnt/uploads/2025/01/Stefan-Passantino-appearing-on-The-Tucker-Carlson-Show-in-November-2024-YouTube.jpg" alt="Stefan Passantino appearing on The Tucker Carlson Show in November 2024 (YouTube)." width="1200" height="627"/></p>
<p id="caption-attachment-503881" class="wp-caption-text">Stefan Passantino appearing on The Tucker Carlson Show in November 2024 (YouTube).</p>
</div>
<p>A federal judge in <a href="https://lawandcrime.com/tag/georgia/">Georgia</a> has tossed out a lawsuit filed by a former <a href="https://lawandcrime.com/tag/donald-trump/">Trump</a> White House ethics lawyer <a href="https://lawandcrime.com/jan-6-committee/lawyers-want-donald-trump-ethics-lawyers-who-represented-former-white-house-aide-before-jan-6-committee-disbarred/">accusing members of the House Committee to Investigate Jan. 6</a> of civil conspiracy and invasion of privacy in connection with their investigation into the attack on the Capitol.</p>
<p>U. S. District Judge Eleanor L. Ross on Wednesday granted the government’s request to dismiss the case brought by Stefan Passantino, who claimed that members of the Committee leaked transcripts of confidential interviews to CNN to “ensure maximum damage” was done to his “reputation and his existing and future legal, political, and business clients.”</p>
<p>Passantino was deputy White House counsel during the first Trump administration who went back to the private sector during the Biden administration and worked for the Trump-supporting political action committee, Save America Leadership. There, he represented several people who testified before the Jan. 6 Committee.</p>
<p>Passantino was the first lawyer to represent Cassidy Hutchinson, the former special assistant to President Trump and Chief of Staff Mark Meadows, in her meetings with the Committee.</p>
<p>According to Passantino, then-Congresswoman Liz Cheney and Senior Investigative Counsel Dan George in May 2022 contacted Hutchinson without his knowledge and advised his client that he “would not be advancing her interests” because he “was being paid by a Trump-affiliated third-party,” which ultimately led to her seeking new counsel.</p>
<p>Hutchinson participated in several additional interviews and in December 2022, a CNN reporter contacted Passantino and said an unreleased transcript from one of Hutchinson’s interviews suggested he had counseled her “not to answer the Committee’s questions fully and honestly.”</p>
<p>Hutchinson testified that before her initial sessions with the Committee, Passantino would dangle potential jobs “in Trumpworld” and tell her she would be “taken care of.”</p>
<aside class="o-callout__recirculate o-callout"/>
<p>“I want to make this clear to you: Stefan never told me to lie,” she told the committee. “He specifically told me, ‘I don’t want you to perjure yourself, but ‘I don’t recall’ isn’t perjury. They don’t know what you can and can’t recall.&#8221;”</p>
<p>CNN then published <a href="https://www.cnn.com/2022/12/20/politics/trump-ethics-lawyer-passantino-cassidy-hutchinson-misleading-testimony-jan-6/index.html">an article</a> entitled “Trump’s former White House ethics lawyer told Cassidy Hutchinson to give misleading testimony to January 6 committee, sources say.”</p>
<p>Passantino claimed the interview transcripts contradicted CNN’s own story about him advising Hutchinson to be deceptive, but asserted the network went through with it anyway because it was given to them directly by the Committee.</p>
<p>He then filed a lawsuit under the <a href="https://sgp.fas.org/crs/misc/R45732.pdf">Federal Tort Claims Act</a> (FTCA), which allows injured plaintiffs to file tort lawsuits against the federal government in certain circumstances, typically when a government actor causes injury through negligence.</p>
<p>In dismissing his lawsuit, the court reasoned that Passantino’s claims of invasion of privacy and civil conspiracy arose out of alleged libel and slander, both of which are explicitly exempted from FTCA claims.</p>
<p>Essentially, because Passantino’s allegations are based on the Committee allegedly leaking false statements about him to the media, those allegedly false statements cannot form the basis of a valid claim under the FTCA’s Intentional Tort Exception (other exceptions include assault, battery, malicious prosecution, false arrest).</p>
<p>Ross summed up the reasoning as follows:</p>
<blockquote>
<p>“At bottom, ‘all of the [Committee’s] allegedly tortious actions here are based on statements, representations, or imputations’ — actions that would form the basis of a claim barred by the libel/slander exception. And Passantino cannot point to any action by the Committee independent of these ‘statements, representations, or imputations’ upon which to base his claims. Passantino insists that this ‘suit is not based on the defamatory sting of the ensuing publication’ but rather ‘the publication of private information.’ But this assertion contradicts the whole of Passantino’s claims, which necessarily depend on the falsity of the information the Committee leaked to the media. Without that false information, Passantino cannot attribute any of the harm alleged in the Complaint to an act by the Committee.<br />Passantino calls his claims ‘invasion of privacy’ and ‘civil conspiracy,’ but in substance, he asserts a claim for defamation.</p>
</blockquote>
<p>According to Ross, when the defamation claims from Passantino’s complaint are removed, the only remaining conduct alleged is that the Committee leaked information relating to his attorney-client relationship with Hutchinson. However, Passantino failed to clarify what that “private information” was, she wrote.</p>
<p>Ross further asserted that a subsequent report released by the House Committee on House Administration entitled “The Failures and Politization of the January 6th Select Committee” only “further undermined” Passantino’s claim by “showing that the private information about Passantino the Committee disclosed to the media and in a complaint to the D.C. Bar was, in fact, defamatory.”</p>
<p>“Passantino’s injury is ‘wholly attributable’ to the Committee’s defamatory statements — conduct expressly immunized by,” Ross wrote. “And no reading of the Complaint, even in a light most favorable to Passantino, supports Passantino’s argument that his claims are based upon ‘other independent government action.&#8217;”</p>
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		<title>Internal CNN communications showcased in defamation trial</title>
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		<pubDate>Sat, 11 Jan 2025 00:16:29 +0000</pubDate>
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					<description><![CDATA[<p>Fuzz Hogan on the witness stand during a defamation trial on Jan. 10, 2025 (Law&#38;Crime). A senior CNN employee found himself in the hot seat during the fourth day of the civil trial between the U.S. Navy veteran and the cable news network he claims defamed him in a story about his work extracting people [&#8230;]</p>
<p>The post <a href="https://homesafetytechpros.com/internal-cnn-communications-showcased-in-defamation-trial/">Internal CNN communications showcased in defamation trial</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
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</p>
<div id="post-body">
<div id="attachment_501392" style="width: 1210px" class="wp-caption alignnone"><img fetchpriority="high" decoding="async" aria-describedby="caption-attachment-501392" class="size-full wp-image-501392" src="https://am23.mediaite.com/lc/cnt/uploads/2025/01/Young-CNN-Day-4-Hogan.jpg" alt="Fuzz Hogan on the witness stand" width="1200" height="627"/></p>
<p id="caption-attachment-501392" class="wp-caption-text">Fuzz Hogan on the witness stand during a defamation trial on Jan. 10, 2025 (Law&amp;Crime).</p>
</div>
<p>A senior CNN employee found himself in the hot seat during the <a href="https://www.youtube.com/watch?v=0OLund_VdJk" target="_blank" rel="noopener">fourth day of the civil trial</a> between the U.S. Navy veteran and the cable news network he claims defamed him in a story about his work extracting people from war-torn Afghanistan.</p>
<p>Taking the stand was Fuzz Hogan, who is currently employed as a senior director with CNN’s standards and practices department.</p>
<p>The witness played a key role in <a href="https://lawandcrime.com/high-profile/a-fraud-on-this-court-cnn-produces-surprise-document-to-accuse-navy-veteran-of-lying-in-defamation-case-while-plaintiff-complains-of-trial-by-ambush-and-judge-gets-fed-up/" target="_blank" rel="noopener">the ongoing drama</a>; at the time the story in question aired, Hogan worked as a fact-checker and was the person responsible for clearing the facts in the story itself.</p>
<aside class="o-callout__recirculate o-callout"/>
<p>The offending coverage was a November 2021 segment on “The Lead with Jake Tapper.” The plaintiff’s lawsuit alleges the network falsely painted him as an “illegal profiteer” exploiting “desperate Afghans” with “exorbitant” fees amid the U.S.’s chaotic withdrawal.</p>
<p><a href="https://lawandcrime.com/high-profile/he-went-from-patriot-to-criminal-lawyer-for-navy-veteran-suing-cnn-says-theres-overwhelming-evidence-network-knew-hit-piece-was-theater/" target="_blank" rel="noopener">Young maintains</a> that CNN’s broadcast effectively tarred him as a scofflaw and ruined his business, making it nearly impossible for him to work because of the severe damage to his reputation that ensued.</p>
<p>A major aspect of the plaintiff’s case was always certain to include a circumspect look at how CNN’s employees discussed the story – before, during, and after publication.</p>
<p>On Friday, the final witness of the day offered the Florida jury a substantial degree of insight into some of those inner workings.</p>
<p>“I want to cover some of the things you didn’t know before publishing the story,” Young’s attorney Joe Delich said. “You didn’t know whether Mr. Young successfully evacuated anyone from Afghanistan before you published, right?”</p>
<p>Hogan replied in the affirmative.</p>
<p>“You also didn’t know if anyone at CNN even tried to find out whether Mr. Young successfully evacuated anyone from Afghanistan?” the plaintiff’s attorney asked.</p>
<p>The witness paused, then said: “I’d have to say I don’t know, but I can’t remember those three years ago, but yeah.”</p>
<p>Offered a chance to refresh his recollection, Hogan declined and agreed with Young’s lawyer: “No, it’s fine. I didn’t know. Sure.”</p>
<p>“So, you didn’t know if anyone at CNN even tried to find out whether Mr. Young successfully evacuated anyone from Afghanistan, right?” Delich asked yet again.</p>
<p>To which Hogan replied: “Not to my memory, no.”</p>
<p>The plaintiff’s attorney next asked whether Hogan knew the answer about Young’s success rate in Afghanistan now. The witness replied to say he did not know then and does not know now.</p>
<p>Finally, getting to the heart of this line of questioning, Delich pressed on and asked the witness: “And that’s because you didn’t think those things were relevant to the story, right?”</p>
<p>Hogan essayed a puzzled-looking face and replied: “I was a fact-checker then, so my job was to check the facts in the story as asserted. So, I – the facts – the story’s accurate.”</p>
<p>“But you didn’t think it was relevant to the way you reported the story, right?” Delich asked.</p>
<p>The witness responded: “I wouldn’t say it was not, irrelevant, or whatever the word – however you say that. But it wasn’t germane to the text we were – I was improving.”</p>
<p>Young’s attorney then directed the witness to a portion of his deposition.</p>
<p>Hogan read from the document and said he believed his answers were consistent with one another – and then laughed out loud.</p>
<p>Delich kept at this thread and asked again: “So, you didn’t think it was relevant whether anyone tried to find out that Mr. Young successfully evacuated anyone from Afghanistan?”</p>
<p>“I think my line here is consistent with what I just said,” Hogan replied. “In the form that we reported the piece, it wasn’t relevant.”</p>
<p>Attention then turned to an internal CNN discussion between Hogan and editor Tom Lumley about the digital version of the story.</p>
<p>Messages displayed for jurors showed Lumley’s thoughts about the story – penned by Alex Marquardt – in a series of messages to Hogan.</p>
<p>“That Alex story is not poetry in anyway,” Lumley wrote. “I just want to publish something to defuse some drama. I also think it’s half a good story. We should have carried on and reported it out more. Or he should have. I only saw a version at 2pm yesterday. Was not part of the process at all.”</p>
<p>Eventually, Hogan replied to the editor and wrote: “Feels like a good character but he only got 3/4 of the way toward the larger.”</p>
<p>Pressed to account for this response, the witness said his response evidenced some general measure of “agreeable sentiment” but insisted he did not agree with Lumley entirely.</p>
<p>“It’s his job to be an editor,” Hogan said. “He can have opinions about the story that are beyond my role.”</p>
<p>After some back-and-forth, the plaintiff’s attorney elicited testimony that Hogan, in fact, approved the story for publication.</p>
<p>Then Delich moved in for a piece of theater.</p>
<p>He asked: “Mr. Hogan, you approved this 3/4 story about Mr. Young because you thought he was a shit, didn’t you?”</p>
<p>Smiling through his answer as if to shrug off the jab, Hogan replied: “No.”</p>
<p>“Do you deny calling him a shit?” Delich pressed.</p>
<p>Hogan replied: “I don’t.”</p>
<p>Jurors and court-watchers were then treated to a magnified conversation between the witness and CNN reporter Elizabeth Wolfe.</p>
<p>In sum and substance, Wolfe appears to complain about Young’s business pitch for helping would-be evacuees with legal issues. Then, Hogan appears to join in the criticism and supplies the epithet.</p>
<p>The reporter griped: “wow this dude is promising them legal status or refugee status.”</p>
<p>Hogan wrote back: “Yeah, he’s a shit.”</p>
<div id="attachment_501394" style="width: 1210px" class="wp-caption alignnone"><img decoding="async" aria-describedby="caption-attachment-501394" class="size-full wp-image-501394" src="https://am23.mediaite.com/lc/cnt/uploads/2025/01/Young-CNN-Day-4-Messages.jpg" alt="Internal CNN communications used during a trial in Florida." width="1200" height="627"/></p>
<p id="caption-attachment-501394" class="wp-caption-text">Internal CNN communications shown to jurors during a defamation trial on Jan. 10, 2025 (Law&amp;Crime).</p>
</div>
<p>Quizzed about those basic facts of their conversation, the witness answered in the affirmative.</p>
<p>With his wind-up stance thoroughly secured, Delich asked: “And then you went on to approve a 3/4 true story didn’t you?”</p>
<p>“Yes,” Hogan replied.</p>
<p>The plaintiff finished the direct examination of the witness on that note.</p>
<p> </p>
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		<title>Trump says he did not defame Central Park 5 at debate</title>
		<link>https://homesafetytechpros.com/trump-says-he-did-not-defame-central-park-5-at-debate/</link>
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		<pubDate>Thu, 09 Jan 2025 07:31:52 +0000</pubDate>
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					<description><![CDATA[<p>Inset, left to right: Yusef Salaam, Antron McCray, Korey Wise, Kevin Richardson, Raymond Santana (CBS Sunday Morning). Background: Donald Trump speaks at the annual Road to Majority conference in Washington, D.C., June 22, 2024. (Allison Bailey/NurPhoto via AP) Donald Trump implored a federal judge in Pennsylvania to toss out the defamation lawsuit filed against him [&#8230;]</p>
<p>The post <a href="https://homesafetytechpros.com/trump-says-he-did-not-defame-central-park-5-at-debate/">Trump says he did not defame Central Park 5 at debate</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
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<div id="attachment_491740" style="width: 1210px" class="wp-caption alignnone"><img fetchpriority="high" decoding="async" aria-describedby="caption-attachment-491740" class="size-full wp-image-491740" src="https://am21.mediaite.com/lc/cnt/uploads/2024/11/sdfadsf.jpg" alt="Inset, left to right: Yusef Salaam, Antron McCray, Korey Wise, Kevin Richardson, Raymond Santana (CBS Sunday Morning). Background: Donald Trump speaks at the annual Road to Majority conference in Washington, DC, June 22, 2024. (Allison Bailey/NurPhoto via AP)" width="1200" height="627"/></p>
<p id="caption-attachment-491740" class="wp-caption-text">Inset, left to right: Yusef Salaam, Antron McCray, Korey Wise, Kevin Richardson, Raymond Santana (CBS Sunday Morning). Background: Donald Trump speaks at the annual Road to Majority conference in Washington, D.C., June 22, 2024. (Allison Bailey/NurPhoto via AP)</p>
</div>
<p><a href="https://lawandcrime.com/tag/donald-trump/">Donald Trump</a> implored a federal judge in Pennsylvania to toss out the <a href="https://lawandcrime.com/tag/defamation/">defamation</a> lawsuit filed against him by <a href="https://lawandcrime.com/high-profile/startling-proposition-central-park-five-use-trumps-own-words-from-his-defamation-case-against-abc-in-fight-to-advance-lawsuit-against-the-president-elect/">members of the Central Park Five</a> over comments the president-elect made during last year’s presidential debate, claiming the falsely-accused quintet are portraying his “<a href="https://lawandcrime.com/high-profile/trump-says-comments-that-central-park-five-killed-a-person-were-substantially-true-despite-exoneration-in-push-to-dismiss-defamation-suit/">substantially true</a>” comments out of context.</p>
<p><a href="https://storage.courtlistener.com/recap/gov.uscourts.paed.628885/gov.uscourts.paed.628885.29.0.pdf">The 12-page reply motion</a> seeking to have the suit dismissed was filed Wednesday in the Eastern District of Pennsylvania and reiterated many of Trump’s previous arguments about the case, mainly, claiming the plaintiffs rely on “misrepresentations of President-elect Trump’s arguments” that could only be defamatory if one were “reviewing the at-issue statements out of context.”</p>
<aside class="o-callout__recirculate o-callout"/>
<p>Specifically, Trump’s attorneys argue that his statements about the quintet were in response to Vice President Kamala Harris’ comments about the full-page ads Trump took out calling for their execution in the immediate aftermath of their 1989 arrests and were about his state of mind at the time.</p>
<p>“In direct response to this attack regarding the 1989 ad, President-elect Trump responded with several phrases that showed his statements were directly in reference to his reasoning for the 1989 ad,” the motion states. “First, President-elect Trump noted that Vice President Harris had to go back ‘many, many years’ to find material to attack him. Second, he used the phrase ‘well, I said if …,’ an indication that he was harkening back to prior reasoning rather than making present claims.”</p>
<p><strong>Trump’s statements during the debate</strong></p>
<p>The action centers on the following exchange between Trump and Harris during the presidential debate on Sept. 10, 2024, viewed by over 67 million people. Harris had just accused Trump of using “race to divide the American people” before referring to Trump’s ads.</p>
<blockquote>
<p>Harris: “Let’s remember, this is the same individual [Trump] who took out a full-page ad in the New York Times calling for the execution of five young Black and Latino boys who were innocent, The Central Park Five. Took out a full-page ad calling for their execution. ….”</p>
<p>Trump: “… They come up with things with things like she just said, going back many, many years, when a lot of people, including Mayor Bloomberg, agreed with me on the Central Park Five. They admitted — they said they pled guilty. And I said, well if they pled guilty, they badly hurt a person, killed a person ultimately. And if they pled guilty — then they pled we’re not guilty. But this is a person that has to stretch back years, forty, fifty years ago, because there is nothing now. ….”</p>
</blockquote>
<p><strong>The lawsuit</strong></p>
<p>According to plaintiffs Antron Brown, Kevin Richardson, Raymond Santana, Korey Wise and Yusef Salaam, Trump’s comments were “demonstrably false.”</p>
<p>“Plaintiffs never pled guilty to any crime and were subsequently cleared of all wrongdoing,” the lawsuit said. “Further, the victims of the Central Park assaults were not killed.”</p>
<p><strong>Trump’s Wednesday reply motion</strong></p>
<p>Trump on Wednesday argued that no “reasonable listener” (the standard for defamation claims) would come away from hearing the president-elect’s full statement believing that the plaintiffs really did what Trump said.</p>
<p>“A ‘reasonable listener’ hearing the statements in their full context would never come away with the impression that President-elect Trump was making a present assertion that Plaintiffs ‘pled guilty’ and ‘killed a person,&#8221;” the motion states. “Further, he did not dispute Vice-President Harris’s claims of innocence, and, in fact, followed up his own statement that they ‘pled guilty’ with a qualifier that they then pled ‘not guilty.’ No reasonable listener would interpret the statements as Plaintiffs suggest.”</p>
<p>Trump also argued that “his challenged statements were substantially true,” asserting that when he said the plaintiffs “pled guilty” and “ultimately killed a person,” those remarks would have virtually the same effect on the average person as the truth. Trump reasoned that while the men never formally pleaded guilty, they did initially confess to police (under duress).</p>
<p>Similarly, while the victim, Patricia Meili, survived the attack (and is still alive today), Trump said she was left “virtually dead” and “in a coma.”</p>
<p>“As to the attack on Ms. Meili, the proper comparison is whether, in the mind of a listener, an accused’s initial admission to a beating that ultimately left a victim dead would be substantially the same as an initial admission to a beating that left a victim ‘virtually dead,&#8217;” the motion states. “Here too, there would not be a ‘different effect’ on the listener’s mind between the two statements because, in either case, the listener would understand the accused to have admitted to a vicious, murderous beating before recanting.”</p>
<p><strong>Backstory of the Central Park Five</strong></p>
<p>In 1989, the then-teenagers were wrongly accused of raping Trisha Meili as she jogged in Central Park. The five were also accused of attacking two men that same night.</p>
<p>“While in police custody, Plaintiffs were each separately subjected to hours of coercive interrogation, under duress, with no attorney present and often without a parent or guardian present,” the lawsuit recounted. “Plaintiffs all initially denied having any knowledge of the Central Park assaults. However, after hours of interrogation, four of the Plaintiffs agreed to provide written and videotaped statements in which they falsely admitted to having been present during the assaults.”</p>
<p>From there, the Central Park Five faced trials, maintained their innocence, were convicted by juries in 1990 and were sent to prison, only to be exonerated decades later after the real attacker, Matias Reyes, admitted to the crime against Meili and DNA “conclusively” proved that Reyes was the “true perpetrator,” court documents said.</p>
<p>“In fact, Plaintiffs were not involved in the assaults in any way, and their statements were the product of coercion and duress,” the lawsuit said. “Plaintiffs all recanted their coerced statements shortly after their interrogations.”</p>
<p>The Central Park Five were ultimately exonerated, their convictions were vacated, and New York City went on to <a href="https://abcnews.go.com/US/case-settled-1989-central-park-jogger-believes-person/story?id=63077131">settle a lawsuit</a> for $41 million</p>
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		<title>Giuliani claims his emails are ‘not communications’ but ‘more like documents’ during hearing over whether he should be held in contempt</title>
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		<pubDate>Sat, 04 Jan 2025 02:43:13 +0000</pubDate>
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					<description><![CDATA[<p>Former NYC Mayor Rudy Giuliani at the 9/11 Memorial in New York City on September 11, 2022, on the 21st anniversary of the attacks on the World Trade Center, Pentagon, and Shanksville, Pennsylvania (John Nacion/STAR MAX/IPx). Rudy Giuliani appeared in a federal courtroom in Manhattan on Friday for a hearing on whether he should be [&#8230;]</p>
<p>The post <a href="https://homesafetytechpros.com/giuliani-claims-his-emails-are-not-communications-but-more-like-documents-during-hearing-over-whether-he-should-be-held-in-contempt/">Giuliani claims his emails are ‘not communications’ but ‘more like documents’ during hearing over whether he should be held in contempt</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
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<p id="caption-attachment-400796" class="wp-caption-text">Former NYC Mayor Rudy Giuliani at the 9/11 Memorial in New York City on September 11, 2022, on the 21st anniversary of the attacks on the World Trade Center, Pentagon, and Shanksville, Pennsylvania (John Nacion/STAR MAX/IPx).</p>
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<p><a href="https://lawandcrime.com/tag/rudy-giuliani/">Rudy Giuliani</a> appeared in a federal courtroom in Manhattan on Friday for a hearing on whether he should be held in <a href="https://lawandcrime.com/tag/contempt/">contempt</a> after the onetime personal attorney for President-elect <a href="https://lawandcrime.com/tag/donald-trump/">Donald Trump</a> allegedly flouted multiple court orders in connection with the two Georgia election workers he defamed trying to collect the $148 million judgment awarded in their favor.</p>
<p>Last month, U.S. District Judge Lewis J. Liman, a Trump appointee, ordered Giuliani to appear in person for the Jan. 3 hearing on the contempt issue following <a href="https://lawandcrime.com/high-profile/judge-tears-into-rudy-giulianis-disrespect-for-the-law-as-defamed-georgia-election-workers-ask-he-be-held-in-contempt/">numerous requests from the plaintiffs</a> regarding his “consistent pattern of willful defiance” involving court orders to turn over of his personal property and provide information to plaintiffs for discovery.</p>
<p>Liman on Thursday <a href="https://lawandcrime.com/high-profile/will-not-later-be-heard-to-complain-rudy-giulianis-decision-not-to-testify-at-his-own-contempt-hearing-met-with-disdain-by-defamed-election-workers/">rejected Giuliani’s last-minute request</a> to appear virtually for the contempt hearing after the former New York City mayor said he was “having medical issues with his left knee” as well as “breathing problems due to lung issues” that were the result of him “being at the World Trade Center site on September 11, 2001.”</p>
<p>The hearing, which began at 10 a.m., went through the day and will be continued at the same time on Monday. However, Liman will allow Giuliani to appear virtually for the proceedings as he will not be questioned by plaintiff’s counsel again.</p>
<aside class="o-callout__recirculate o-callout"/>
<p>During the proceedings, Giuliani claimed that he part of the problem with his failure to produce pre-trial discovery was that he did not believe emails constituted “communication,” <a href="https://x.com/innercitypress/status/1875307707198271713">according to</a> the Inner City Press, which attended the hearing.</p>
<p>According to the report, Giuliani was testifying under oath when he made the seemingly outlandish claim.</p>
<p>“Do you understand that the term ‘communications’ would include emails?” Freeman and Moss’ attorney asked Giuliani, per Inner City Press.</p>
<p>“I don’t think so, no,” Giuliani reportedly responded.</p>
<p>“It is your testimony that emails are not communications?” plaintiffs’ attorney said in retort.</p>
<p>Giuliani reportedly held his ground, saying of emails, “They are more like documents.”</p>
<p>Friday’s hearing came after Liman last week <a href="https://lawandcrime.com/high-profile/the-law-imposes-consequences-judge-signals-pending-punishment-for-rudy-giuliani-for-disregarding-court-orders/">signaled that he was likely to punish Giuliani</a> for his repeated failures to follow court orders and called out the former U.S. attorney for filing court documents explaining his shortcomings with assertions Giuliani <a href="https://lawandcrime.com/high-profile/defendant-knows-that-assertion-to-be-untrue-judge-unseals-document-exposing-rudy-giuliani-lying-about-why-his-attorneys-quit-in-defamation-case-from-election-workers/">knew “to be untrue</a>.”</p>
<p>Giuliani has had a <a href="https://lawandcrime.com/high-profile/you-are-against-me-giuliani-lashes-out-at-trump-appointed-federal-judge-in-148-million-defamation-case/">rocky relationship</a> with Liman, even going so far as to interrupt the judge during an in-person hearing last month to exclaim, “You are against me!” to Liman.</p>
<p>Following that hearing, Giuliani spoke to reporters outside the courthouse, where he railed against Liman, accusing the jurist of being an “activist Democrat,” Politico <a href="https://www.politico.com/news/2024/11/26/giuliani-rant-judge-00191717">reported</a>. Liman was appointed to the court by Donald Trump in 2019.</p>
<p>“Have you figured out what side he’s on? Are you too dumb to see what side he’s on?” Giuliani reportedly asked. “I’ve been a lawyer for 55 years. I can figure out what side he’s on.”</p>
<p>Giuliani reportedly continued the Liman diatribe as he got on the elevator.</p>
<p>“He doesn’t give a damn about the truth. He just gives a damn about being popular,” adding, “This is lawfare with capital letters.”</p>
<p>Giuliani’s legal woes are far from over, as he is scheduled to appear in federal court in Washington, D.C. next week for a separate contempt hearing before U.S. District Judge Beryl Howell, who presided over the defamation trial just over a year ago.</p>
<p>That hearing stems from Freeman and Moss seeking to hold Giuliani in contempt for allegedly <a href="https://lawandcrime.com/high-profile/rudy-giuliani-threatened-with-arsenal-of-sanctions-and-imprisonment-after-he-blamed-judges-ideological-demeanor-for-him-being-unable-to-hire-an-attorney/">violating an order</a> barring him from repeating the defamatory claims he made about the duo. The election workers in November filed a motion claiming his defamatory campaign against them continued even after they were awarded the astronomical judgment and Giuliani declared bankruptcy.</p>
<p>According to the filing, the former U.S. Attorney for Manhattan had been “brazenly violating that consent injunction” by repeating “the exact same lies” that resulted in the initial defamation judgment against Giuliani.</p>
<p>Giuliani’s dealings with Howell have not been much better than those he’s had with Liman. After <a href="https://lawandcrime.com/high-profile/giuliani-likely-to-be-held-in-contempt-for-missing-filing-deadline-after-telling-court-it-was-his-main-focus-right-now/">missing a filing deadline</a> with her last month to respond to the motion for contempt, Giuliani <a href="https://lawandcrime.com/high-profile/your-honor-is-unreasonable-and-biased-about-trump-federal-judge-swiftly-rejects-giulianis-already-late-request-for-filing-extension-which-blamed-her-for-rudys-inability-to-find-a-lawyer/">claimed it was Howell’s bias</a> that had made it impossible for him to hire an attorney to represent him in the matter.</p>
<p>“I have spoken to four attorneys and each attorney has declined to handle this matter because they believe Your Honor is unreasonable and biased about [Donald] Trump-related matters and ‘ideological rather than logical,’” Giuliani wrote. “One said it was ‘a foregone conclusion’ and ‘a no-win proposition.’ Among other numerous reasons your handling of the J6 (Jan. 6) cases is considered by many to be the most unnecessarily harsh.”</p>
<p>Giuliani is scheduled to appear before Liman again on Jan. 16, to begin trial over whether he will have to turnover his Yankees World Series Rings and Florida condominium to Moss and Freeman.</p>
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<p>The post <a href="https://homesafetytechpros.com/giuliani-claims-his-emails-are-not-communications-but-more-like-documents-during-hearing-over-whether-he-should-be-held-in-contempt/">Giuliani claims his emails are ‘not communications’ but ‘more like documents’ during hearing over whether he should be held in contempt</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
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		<title>Judge orders Trump and George Stephanopoulos to be deposed</title>
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		<pubDate>Sat, 14 Dec 2024 18:20:34 +0000</pubDate>
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					<description><![CDATA[<p>Left: Donald Trump (AP Photo/Mike Stewart, File). Right: ABC’s George Stephanopoulos on “This Week,” March 10, 2024 (ABC News/screengrab). A federal judge on Friday finally pulled out the remaining stops and ordered a quick series of depositions in a contentious defamation case involving ABC News and President-elect Donald Trump. In a terse, two-page order, the [&#8230;]</p>
<p>The post <a href="https://homesafetytechpros.com/judge-orders-trump-and-george-stephanopoulos-to-be-deposed/">Judge orders Trump and George Stephanopoulos to be deposed</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
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<div id="attachment_457188" style="width: 1210px" class="wp-caption alignnone"><img fetchpriority="high" decoding="async" aria-describedby="caption-attachment-457188" class="size-full wp-image-457188" src="https://am22.mediaite.com/lc/cnt/uploads/2024/05/Trump-Stephanopoulos.jpg" alt="Donald Trump, George Stephanopoulos" width="1200" height="627"/></p>
<p id="caption-attachment-457188" class="wp-caption-text">Left: Donald Trump (AP Photo/Mike Stewart, File). Right: ABC’s George Stephanopoulos on “This Week,” March 10, 2024 (ABC News/screengrab).</p>
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<p>A federal judge on Friday finally pulled out the remaining stops and ordered a quick series of depositions in a contentious <a href="https://lawandcrime.com/tag/defamation/" target="_blank" rel="noopener">defamation</a> case involving ABC News and President-elect <a href="https://lawandcrime.com/tag/donald-trump/" target="_blank" rel="noopener">Donald Trump</a>.</p>
<p>In a terse,<a href="https://storage.courtlistener.com/recap/gov.uscourts.flsd.664183/gov.uscourts.flsd.664183.57.0.pdf" target="_blank" rel="noopener"> two-page order</a>, the U.S. District Court for the Southern District of Florida ordered star anchor George Stephanopoulos to sit down and answer questions under oath and in person. Notably, the judge also ordered the 45th and 47th president to do the same.</p>
<p>And, those depositions must occur sometime next week.</p>
<p>The once and future president is suing because Stephanopoulos said “more than 10 times” on “This Week” in March that Trump had been found “liable for rape” in the E. Jean Carroll civil case.</p>
<p>The underlying lawsuit was filed just eight days after that segment — during which the anchor interviewed Rep. Nancy Mace, a Georgia Republican, and pressed her to explain her support for Trump.</p>
<p>The implication was never left in doubt during the broadcast: Stephanopoulos pointed out Mace herself is a rape victim and repeatedly claimed Trump had been found “liable for rape” by a jury.</p>
<p>The upshot of the Carroll lawsuit, however, is unclear.</p>
<p>The lawsuit argues that ABC and Stephanopoulos defamed Trump in an article’s initial headline and during the broadcast with the claim — even though the jury verdict sheet specifically said “no” as to the rape allegation.</p>
<p>What complicated matters was some verbiage from a <a href="https://caselaw.findlaw.com/court/us-dis-crt-sd-new-yor/114642632.html" target="_blank" rel="noopener">post-verdict opinion</a> written by Senior U.S. District Judge Lewis Kaplan.</p>
<p>In a footnote, the judge wrote: “As the jury’s response to Question 2 was an implicit finding that Mr. Trump forcibly digitally penetrated Ms. Carroll’s vagina, no explicit independent finding by the Court is necessary. Nevertheless, the Court alternatively finds that he did so.”</p>
<p>Under New York law, forcible digital penetration does not qualify as rape, the judge explained. But, he added that “far narrower” definition conflicts with the “common modern parlance.”</p>
<p>“The finding that Ms. Carroll failed to prove that she was ‘raped’ within the meaning of the New York Penal Law does not mean that she failed to prove that Mr. Trump ‘raped’ her as many people commonly understand the word ‘rape,&#8221;” Kaplan wrote. “Indeed, as the evidence at trial recounted below makes clear, the jury found that Mr. Trump in fact did exactly that.”</p>
<p><a href="https://lawandcrime.com/lawsuit/no-reason-for-any-further-delay-fed-up-judge-in-trump-defamation-case-against-abc-news-george-stephanopoulos-refuses-demand-to-push-back-trial-date/" target="_blank" rel="noopener"><strong>More Law&amp;Crime coverage: ‘No reason for any further delay’: Fed-up judge in Trump defamation case against ABC News, George Stephanopoulos refuses demand to push back trial date</strong></a></p>
<p>Still, law thrives on definitional precision.</p>
<p>Trump’s lawsuit argues Stephanopoulos must have known his statements were false because he has “vast experience as a journalist” and once “specifically” asked E. Jean Carroll how she felt that Trump “was not found liable for rape.” The plaintiff further alleged ABC rebuffed a retraction demand and did not apologize, only changing an article headline from “Nancy Mace defends her support Trump after he was found liable for rape” to “Nancy Mace defends her support Trump after he was found liable for sexual assault.”</p>
<p>The parties <a href="https://lawandcrime.com/crime/no-meaningful-response-abc-lawyers-trash-trump-reply-in-defamation-lawsuit-against-george-stephanopoulos-over-found-liable-for-rape-segment/" target="_blank" rel="noopener">have battled</a> it out <a href="https://lawandcrime.com/high-profile/must-be-dismissed-abcs-lawyers-move-to-throw-out-trump-lawsuit-over-found-liable-for-rape-segment/" target="_blank" rel="noopener">in motions practice</a> for months. <a href="https://lawandcrime.com/lawsuit/no-reason-for-any-further-delay-fed-up-judge-in-trump-defamation-case-against-abc-news-george-stephanopoulos-refuses-demand-to-push-back-trial-date/" target="_blank" rel="noopener">Last month</a>, Chief U.S. District Judge Cecilia M. Altonaga got fed up with the state of play and declined to reschedule deadlines related to expert witnesses, discovery, mediation, and various pretrial motions.</p>
<p>Currently, the trial is slated to begin on April 7, 2025, and is anticipated to last between three to five days.</p>
<p>In <a href="https://storage.courtlistener.com/recap/gov.uscourts.flsd.664183/gov.uscourts.flsd.664183.57.0.pdf" target="_blank" rel="noopener">her latest order</a>, the judge ordered depositions for both men “be scheduled to take place the week of December 16, 2024.”</p>
<p>Each deposition will be limited to four hours.</p>
<p>Additionally, the court ordered ABC News to provide “all remaining documents (if any) related to Plaintiff’s damages, for review by Plaintiff’s damages expert” by Dec. 15.</p>
<p>Altonaga warned ABC News and Trump that she would not countenance any further efforts at pushing things back from either side.</p>
<p>“The parties are reminded that the Court ‘has already granted a lengthy discovery period . . . and, with Election Day now behind us, there is no reason for any further delay,&#8217;” the order concludes — quoting her own November order. “The parties shall continue to meet and confer regarding their remaining discovery disputes.”</p>
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