Don Blankenship's Libel Lawsuit Against Donald Trump, Jr. Can Go Forward

[riversedge]

Source: Reason.com



Blankenship had been convicted of a misdemeanor related to a deadly disaster at a mine his company owned; Trump, Jr. had erroneously labeled him a "felon"; a judge concluded that there's enough evidence that Trump, Jr. knew the statement was false, or at least likely false.

Eugene Volokh | 9.1.2021 4:30 PM

Today's decision in Blankenship v. Trump, by Judge John Copenhaver (S.D. W. Va.), deals with Donald Trump, Jr.'s Tweet that called Don Blankenship—who had been running in the Republican primary for a West Virginia Senate seat—a "felon." (Blankenship alleges that the Trump team wanted their own preferred candidate to win the primary.) Blankenship had been convicted of a misdemeanor, but not a felony:

Following an explosion in a West Virginia mine on April 5, 2010, that resulted in the death of twenty-nine (29) miners, the United States government initiated an investigation into the cause of the explosion. While the plaintiff was not charged with the death of the miners or with causing the explosion, the government later charged the plaintiff with three felonies, including conspiracy to defraud the federal Mine Safety and Health Administration, and one misdemeanor for conspiracy to violate federal mine safety laws. On December 3, 2015, a federal jury found the plaintiff not guilty of the felony charges but convicted him of the misdemeanor offense. The plaintiff was sentenced to one year in prison, which the plaintiff served and from which he was released in the spring of 2017.

The court denied Donald Trump, Jr.'s motion to dismiss, concluding that erroneously calling a misdemeanant a felon was potentially defamatory:

On the question of falsity[, "][West Virginia libel law] overlooks minor inaccuracies and concentrates upon substantial truth. Minor inaccuracies do not amount to falsity so long as the substance, the gist, the sting, of the libelous charge be justified. A statement is not considered false unless it would have a different effect on the mind of the reader from that which the pleaded truth would have produced.["] "f something is 'substantially' true in overall effect, minor inaccuracies or falsities will not create falsity." …

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Read more: https://reason.com/volokh/2021/09/01/don-blankenships-libel-lawsuit-against-donald-trump-jr-can-go-forward/

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I am sure Jr will delay delay delay. But there is HOPE and Lady Justice



@JanNWolfe
Donald Trump Jr. lost in court today. A judge refused to dismiss a lawsuit alleging Trump Jr. defamed a political candidate by falsely calling him a "felon."

Trump Jr. said he made a reasonable mistake.

The judge wrote: "Trump Jr. completely misses the point with this argument"

Link to tweet

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Link to tweet

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@JanNWolfe
Here's the ruling against Donald Trump Jr, which clears the way for the former president's son to stand trial in a defamation lawsuit brought by Don Blankenship, a former political candidate and executive in West Virginia.

Link to tweet

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[PoliticAverse]

1. "one misdemeanor for conspiracy to violate federal mine safety laws." and 29 people died.

But he's not a "felon". And he is a public figure.

I think the defense lawyer in that libel action has the easier case.

[ToxMarz]

2. Is there anyway they can BOTH lose

The sleaze factor in the courtroom for that trial will be off the charts.

[cstanleytech]

3. Asshole vs Asshole....who will win?

[muriel_volestrangler]

4. What's the noun for someone who commits a misdemeanour?

The distinction between 'felony' and 'misdemeanour' is rarely talked about in England, and so 'felon' isn't often used, let alone whatever the other term is. 'Criminal' covers it all; he went to prison for it, and I rather hope that the damages, if any, are tiny, and they both have to spend loads in lawyers' fees. They're both utter scumbags, after all. Blankenship more than Trump Jr., I think, since he's a leader in depravity, rather than a running dog.

[Champp]

5. A Republican getting punished for his lies?!?!?

Americans all hope this is the start of the end for Republican liars.

[Historic NY]

6. Hope it happens before junior joins the family klan in prison

[Ford_Prefect]

7. He'd better hope for swift justice while Jr. still holds something of value.

SDNY will confiscate Jr's ill gotten wealth and property in payment of fines and back taxes.

[muriel_volestrangler]

8. "Thin-skinned, technically-not-a-felon coal baron Don Blankenship has agreed to drop our client ...

... Wonkette, from his bogus lawsuit targeting more than 100 individuals and media organizations.

Blankenship had accused the progressive news site and its owner, Commie Girl Industries, of conspiring with the likes of Fox News personalities, Mitch McConnell, and even Donald Trump Jr. to defame him.

Wonkette’s transgression? One of its writers accidentally referred to Blankenship as a felon one time, despite having carefully noted several times in the past that he was actually guilty of a misdemeanor in connection to the deaths of 29 coal miners at the Upper Big Branch Mine.

Blankenship claims the parties named in his lawsuit conspired to cost him the 2018 Republican Senate Primary, in which he lost to Attorney General Patrick Morrisey by more than 20,000 votes."

https://www.acluwv.org/en/news/wonkette-dropped-bogus-blankenship-lawsuit

- from 2 years ago. I say fuck him.

[Mopar151]

9. Sideways, with a rosebush! nt

[nycbos]

10. Scumbag vs Scumbag

who will will.