Donald Trump has never hesitated to threaten legal action when he feels he’s been libelled or slandered. Now, in the fight of his life, it is no surprise that his immediate reaction to the New York Times’ latest smear story was to call his attorneys.
The Times has written about two women who say they were sexually assaulted by the GOP presidential candidate years ago. Trump denies those allegations but he’s doing more than just saying he didn’t do it. He is threatening to take legal action. Interesting, neither complainant is, and there’s a reason for that:
Neither case has been tried in a court of law. Both cases are said by The Times to have occurred in the State of New York. If they were to be tried in a court of law under a relatively high standard of “sexual assault,” both would be beyond the statute of limitations.
While there is no statute of limitation for “rape,” barring DNA evidence, the statute of limitations for sexual assault and related offences in New York is five years.
Since the cases cannot be tried in a court of law, there is an argument that the Times may be guilty of defamation of character. The Trump campaign would first have to prove that the stories are false; then, that the Times ran them in order to harm or slander the presidential candidate with “malicious intent.”
Supreme Court rulings have made it clear that as a public figure, Trump would have a hard time winning this case against the Times. As for “malicious intent,” that doesn’t mean what a layman might think it does; instead, it means that the Times knew the charges were false and published them regardless.
Obviously there is no way a libel suit could be settled before election day. This Times story was obviously timed to do maximum damage to Donald Trump and leave him little time to recover in the polls. It’s all part of the mainstream media’s attempt to get Hillary Clinton into the White House using any means necessary.
Credit: Independent Journal Review