New York Times To Donald Trump: Come At Me, Bro

Truth, remember, is an absolute defense.

Donald Trump with FingersYesterday, Donald Trump threatened to sue the New York Times over its report on women who claim the Republican nominee sexually assaulted them.

Today, the Times responded. They are… umm… “not scurred.” The Times isn’t just standing by its story, it’s openly inviting Trump — who has recently seemed to threaten lawsuits more than he files them — to bring it on.

The response letter from David E. McCraw, associate general counsel for the New York Times, closes with “we welcome the opportunity to have a court set [Donald Trump] straight.” So we’re not talking about something conciliatory. Trump threatened to sue the Times for libel, but the Times doesn’t even accept the notion of Trump having a reputation that can be damaged:

NYT Trump response 1

Ouch.

Look, Trump is a public person, running for president of the United States, no less. Trump would have to show “actual malice” on the part of the New York Times, and that is just unlikely in this case. The Times has deep pockets and can defend itself. Trump is threatening a whale with a letter opener.

That alone would make the Times confident. But reading their letter suggests something else. They want him to sue. Truth, remember, is an absolute defense. And if Trump sues the Times, that opens him up to discovery. Other documents, or videos, about Trump’s past sexual conduct would become relevant. Trump would be deposed, under oath, about his sexual escapades. The Times would LOVE Donald Trump to sue them over this. They’d never settle. There would be a public trial where all this stuff would come out. They’d win a freaking Pulitzer.

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Which doesn’t mean that Trump won’t sue because Donald Trump seems to just want to watch the world burn. It just means that the Times is ready for this. They were ready for it before they published. The letter shows that this is a fight they are entirely prepared for.

“He acquiesced to a radio host’s request to discuss Mr. Trump’s own daughter own daughter as ‘a piece of ass.'” That is New York Times speak for “BRING IT ON, M***ER***KER!”

Read the full letter on the next page. And know that this was one of the happiest billable hours in the life of an NYT attorney.

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