A public figure must prove “actual malice” as one element of a defamation claim. It’s a high hurdle for plaintiffs, yet ABC News gave up the defense of President Trump’s claim that George Stephanopoulos had defamed him and settled with Trump for $15 million plus $1 million for attorneys’ fees. John noted the settlement here.
ABC News has treated Trump with actual malice in the ordinary meaning of the words. We observed it in the performance of moderators David Muir and Linney David in Trump’s debate with Kamala Harris this past September. I wrote about it in “Fact-check this.”
Megyn Kelly asked Trump’s attorneys what evidence they had or thought they might get in the Stephanopoulos case. Proof of lying would suffice! It seems to me that’s what they had in mind.
At about 0:53 in the video below, Megyn plays a clip of Stephanopoulos that was highly likely to have created a problem for ABC at trial. I haven’t seen the clip elsewhere and thought readers might find it of interest.
Megyn Kelly exclusive where she reveals comments from Trump's lawyers as to why they think ABC and George Stephanopoulos settled for 15 million:
Megyn Kelly: "Our Producer spoke with Trump's attorney, Alejandro Brito. And here is what he said. Our question was why did ABC decide… pic.twitter.com/CsGhPJFn5v— Eric Abbenante (@EricAbbenante) December 16, 2024
Today the New York Post adds this: “ABC’s George Stephanopoulos was repeatedly warned not to use word ‘rape’ by producer — but said it anyway.” In other words, Trump could have established “actual malice” in both the ordinary and the legal sense.
