Prosecutor drops bad news for Trump amid legal threat against Trevor Noah - Brian Tyler Cohen
Legal Breakdown episode 661: Former prosecutor Glenn Kirschner swats down Trumps threat of defamation lawsuit against Trevor Noah over a joke at the Grammy Awards.
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The Incident:
Trevor Noah joked at the Grammys that Trump wants Greenland as a new island "to hang out with Bill Clinton" since "Epstein's Island is gone." Trump responded with a social media post threatening to sue Noah for defamation, claiming he never visited Epstein's island.
Legal Analysis:
Glenn breaks down why the lawsuit would likely fail:
- Five elements of defamation must be proven: false statement, made about the plaintiff, published, with actual malice, causing damages
- First Amendment protection: Comedy and satire are protected forms of artistic expression
- Inference required: Noah didn't directly state Trump was on Epstein's island, requiring listeners to draw their own conclusions
- High burden for public figures: Trump must prove "actual malice"
- Damages unlikely: Trump's reputation and finances have arguably not been harmed; his net worth has increased
Additional Points:
- CBS might be included in any lawsuit and could settle to avoid litigation
- Discovery process would require Trump to sit for depositions under oath
- Trump has a history of frivolous lawsuits (previously fined $1 million in a case against Hillary Clinton)
- His previous attempts to silence comedians (like Jimmy Kimmel) have backfired, boosting their popularity instead