Latest / Beyond The Horizon / Donald Trump's WSJ Lawsuit Is Dismissed With Prejudice (Part 1) (11/2/26)
Transcript
- 0:00Speaker 1: What's up, everyone, and welcome to another episode of the
- 0:03Speaker 1: Epstein Chronicles. In this episode, we're going to take a
- 0:07Speaker 1: look at the order by the judge who dismissed Donald
- 0:11Speaker 1: Trump's lawsuit filed against the Wall Street Journal. Case number 125-CV-23232-DPG.
- 0:17Speaker 1: President Donald Trump, plaintiff, versus Dow Jones & Company, Inc., DBA,
- 0:29Speaker 1: The Wall Street Journal, News Corporation, Keith Rupert Murdoch, Robert Thompson,
- 0:35Speaker 1: Khadija Safdar, and Joseph Palazzolo. Order Those who won our
- 0:42Speaker 1: independence believed that public discussion is a political duty and
- 0:47Speaker 1: that this should be a fundamental principle of the American government.
- 0:50Speaker 1: They recognized the risk to which all human institutions are subject,
- 0:55Speaker 1: but they knew that order cannot be secured and merely
- 0:58Speaker 1: through fear of punishment for its infraction, that it is
- 1:02Speaker 1: hazardous to discourage thought, hope, and imagination, that fear breeds repression,
- 1:09Speaker 1: that repression breeds hate, that hate menaces stable government, that
- 1:14Speaker 1: the path of safety lies in the opportunity to discuss
- 1:17Speaker 1: freely supposed grievances and proposed remedies, and that the fitting
- 1:21Speaker 1: remedy for evil counsels is good one. Believing in the
- 1:25Speaker 1: power of reason as applied through public discussion, they eschewed silence,
- 1:30Speaker 1: coerced by law, the argument of force in its worst form.
- 1:35Speaker 1: Recognizing the occasional tyrannies of the governing majorities, they amended
- 1:39Speaker 1: the Constitution so that free speech and assembly should be guaranteed.
- 1:45Speaker 1: Justice Brandis' words, as relevant today as they were nearly
- 1:48Speaker 1: a century ago, form the background behind the Supreme Court's
- 1:51Speaker 1: holding in Sullivan. The First Amendment prohibits a public figure
- 1:56Speaker 1: from recovering damages for a defamatory falsehood unless he proves
- 2:00Speaker 1: that the statement was made with actual malice. This constitutional
- 2:05Speaker 1: protection is not limited to post-discovery motions in trial because
- 2:09Speaker 1: the costs and efforts required to defend a lawsuit through
- 2:12Speaker 1: discovery could chill free speech nearly as effectively as the
- 2:16Speaker 1: absence of the actual malice standard together. A public figure
- 2:20Speaker 1: plaintiff must plausibly allege actual malice at the outset of
- 2:24Speaker 1: the litigation. The order addresses President Donald J. Trump's second
- 2:30Speaker 1: attempt to plead that defendants Dow Jones and Company and
- 2:36Speaker 1: journalists Khadija Safdar and Joseph Palazzolo, collectively the defendants, acted
- 2:41Speaker 1: with actual malice when they published an article in the
- 2:44Speaker 1: Wall Street Journal linking him to convicted sex offender Jeffrey Epstein.
- 2:50Speaker 1: As with his first attempt, he has failed. Therefore, for
- 2:53Speaker 1: the reasons below, defendant's motion to dismiss the first amended
- 2:56Speaker 1: complaint is granted and President Trump's amended complaint is dismissed
- 3:02Speaker 1: with prejudice. Background A. The Article On July 15, 2025,
- 3:09Speaker 1: Palazzolo emailed then White House Press Secretary Carolyn Leavitt, advising
- 3:13Speaker 1: her that Dow Jones intended to publish an article about
- 3:17Speaker 1: a birthday letter that President Trump purportedly created for Epstein.
- 3:22Speaker 1: President Trump and his team responded quickly. Levitt called Palazzolo
- 3:26Speaker 1: and told him that the subject matter of the proposed
- 3:28Speaker 1: article was false. President Trump, through counsel, denied writing the
- 3:33Speaker 1: letter and warned Dow Jones not to publish the story.
- 3:37Speaker 1: And President Trump directly told Murdoch that he had not
- 3:40Speaker 1: signed or sent the letter. When Murdoch responded that he
- 3:44Speaker 1: would handle it, President Trump, through the WSJ, would not
- 3:48Speaker 1: print the article. Two days later, the WSJ online edition
- 3:53Speaker 1: published the article. The title of the article, Jeffrey Epstein's Friends,
- 3:57Speaker 1: sent him bawdy letters for a 50th birthday album, one
- 4:00Speaker 1: was from Donald Trump, is in bold print, with a
- 4:03Speaker 1: subtitle below reading the leather-bound book was compiled by Ghislaine Maxwell.
- 4:09Speaker 1: The president says the letter is a fake thing. Leading
- 4:12Speaker 1: with a picture of President Trump with Epstein, the article
- 4:15Speaker 1: states the following in pertinent part. It was Jeffrey Epstein's
- 4:21Speaker 1: 50th birthday, and Glenn Maxwell was preparing a special gift
- 4:24Speaker 1: to mark the occasion. She turned to Epstein's family and friends,
- 4:29Speaker 1: one of them was Donald Trump. Maxwell collected letters from
- 4:33Speaker 1: Trump and dozens of Epstein's other associates for a 2003
- 4:38Speaker 1: birthday album according to documents reviewed by the Wall Street Journal.
- 4:42Speaker 1: Pages from the leather-bound album, assembled before Epstein was first
- 4:46Speaker 1: arrested in 2006, are among the documents examined by Justice
- 4:50Speaker 1: Department officials who have investigated Epstein and Maxwell years ago,
- 4:54Speaker 1: according to people who have reviewed the pages. It's unclear
- 4:59Speaker 1: if any of the pages are part of the Trump
- 5:01Speaker 1: administration's recent review. The letter bearing Trump's name, which was
- 5:06Speaker 1: reviewed by the journal, is bawdy like others in the album.
- 5:10Speaker 1: It contains several lines of typewritten text framed by the
- 5:13Speaker 1: outline of a naked woman, which appears to be hand-drawn
- 5:17Speaker 1: with a heavy marker. A pair of small arcs denotes
- 5:20Speaker 1: the woman's breasts, and the future president's signature is a
- 5:23Speaker 1: squiggly Donald below her waist. Mimicking pubic hair. The letter
- 5:29Speaker 1: concludes happy birthday, and may every day be another wonderful secret.
- 5:33Speaker 1: In an interview with the Journal on Tuesday evening, Trump
- 5:36Speaker 1: denied writing the letter or drawing the picture. This is
- 5:40Speaker 1: not me. This is a fake thing. It's a fake
- 5:42Speaker 1: Wall Street Journal story, he said. I never wrote a
- 5:45Speaker 1: picture in my life. I don't draw pictures of women,
- 5:48Speaker 1: he said. It's not my language. It's not my words.
- 5:51Speaker 1: He told the journal he was preparing to file a lawsuit.
- 5:55Speaker 1: If it published the article, I'm going to sue the
- 5:58Speaker 1: Wall Street Journal just like I sued everyone else, he said.
- 6:02Speaker 1: Justice Department officials didn't respond to requests for comment or
- 6:06Speaker 1: address questions about whether the Trump page and other pages
- 6:09Speaker 1: of the birthday album were a part of the agency's
- 6:12Speaker 1: recent documents review. The FBI declined to comment. Among those
- 6:17Speaker 1: who submitted letters were billionaire Leslie Wexner and attorney Alan Dershowitz.
- 6:22Speaker 1: Wexner declined to comment through a spokesman. Dershowitz, who represented
- 6:26Speaker 1: Epstein after his first arrest, said, It's been a long time,
- 6:30Speaker 1: and I don't recall all the content of what I
- 6:32Speaker 1: may have written. The book was put together by a
- 6:35Speaker 1: New York City bookbinder, Herbert Weitz. According to people who
- 6:38Speaker 1: were involved in the process, Weitz, who died in 2020,
- 6:43Speaker 1: listed Epstein as a client on his website in 2003.
- 6:47Speaker 1: It isn't clear how the letter with Trump's signature was prepared.
- 6:51Speaker 1: Inside the outline of the naked woman was a typewritten note,
- 6:54Speaker 1: styled as an imaginary conversation between Trump and Epstein, written
- 6:59Speaker 1: in the third person. Description of the conversation. When he
- 7:04Speaker 1: turned 50, Epstein was already wealthy from managing Wexner's fortune
- 7:08Speaker 1: and socializing with Trump, Clinton, and other powerful people. He
- 7:12Speaker 1: often entertained at his Manhattan townhouse, Palm Beach, Florida home,
- 7:16Speaker 1: and private Caribbean island. Epstein and Trump spent time together
- 7:19Speaker 1: in the 90s and early 2000s and were photographed at
- 7:23Speaker 1: social events, including with Maxwell and Melania Trump. Trump, along
- 7:29Speaker 1: with others, including Clinton, also appeared several times on flight
- 7:33Speaker 1: logs for Epstein's private jet. A 2002 New York Magazine
- 7:37Speaker 1: profile of Epstein quoted Trump, I've known Jeff for 15 years.
- 7:41Speaker 1: Terrific guy. He's a lot of fun to be with.
- 7:44Speaker 1: It's even said that he likes beautiful women as much
- 7:47Speaker 1: as I do, and many of them are on the
- 7:49Speaker 1: younger side. No doubt about it, Jeffrey enjoys his social life.
- 7:55Speaker 1: Both men said that they subsequently had a falling out.
- 7:57Speaker 1: Trump has said that their friendship ended before Epstein pleaded
- 8:01Speaker 1: guilty to procuring a minor for prostitution in 2008, served
- 8:05Speaker 1: time in Florida jail, and registered as a sex offender. Maxwell,
- 8:11Speaker 1: a British socialite, was convicted in 2021. of helping Epstein
- 8:15Speaker 1: sex trafficking and sentenced to 20 years in prison. Maxwell
- 8:19Speaker 1: didn't respond to a letter requesting an interview sent to
- 8:22Speaker 1: her in prison. Arthur Idella, an attorney who represented Maxwell, said,
- 8:26Speaker 1: at this point, she's focused on her case before the
- 8:30Speaker 1: Supreme Court of the United States. Epstein's associations with Trump
- 8:35Speaker 1: and many powerful people have been well documented. B. The
- 8:40Speaker 1: Original Complaint On July 18, 2025, President Trump filed this
- 8:46Speaker 1: action against defendants, alleging that the letter is fake and
- 8:49Speaker 1: that defendants concocted the story to defame him. The original
- 8:54Speaker 1: complaint set forth claims for defamation per se. The Maxwell
- 8:58Speaker 1: Interview On July 24, 2025, the United States Department of
- 9:03Speaker 1: Justice interviewed Ghislaine Maxwell. During her interview, Maxwell stated, Subject
- 9:08Speaker 1: to penalty of perjury for lying to a federal officer.
- 9:12Speaker 1: that she did not remember President Trump submitting a letter
- 9:15Speaker 1: for Epstein's 50th birthday. D. The House Subpoena and Records
- 9:20Speaker 1: Release On August 25, 2025, after President Trump filed this action,
- 9:26Speaker 1: the Committee on Oversight and Government Reform of the United
- 9:29Speaker 1: States House of Representatives, the committee subpoenaed the Epstein estate
- 9:33Speaker 1: for documents, the subpoena. The subpoena included a request to
- 9:37Speaker 1: produce all letters in the birthday book, The Epstein estate
- 9:41Speaker 1: complied with the subpoena, and on September 8, 2025, the
- 9:45Speaker 1: committee released the produced documents on its official webpage via
- 9:50Speaker 1: a press release. The production included a copy of the
- 9:53Speaker 1: birthday book. The birthday book includes a page matching the
- 9:57Speaker 1: article's description of the letter. E. the second article. On
- 10:02Speaker 1: September 8, 2025, the Wall Street Journal published an article titled,
- 10:07Speaker 1: A Visual Breakdown of the Trump Birthday Letter to Epstein,
- 10:10Speaker 1: which compares the signature and typeface, drawing style, third-person point
- 10:14Speaker 1: of view, and diction in the letter with prior communications
- 10:18Speaker 1: by President Trump. The September 8th article. The September 8th
- 10:22Speaker 1: article includes President Trump's denial that he wrote the letter
- 10:26Speaker 1: or drew the picture and Levitt's statement in a social
- 10:29Speaker 1: media post that President Trump did not draw the picture
- 10:33Speaker 1: or sign the letter. F. Dismissal of the Complaint. Defendants
- 10:39Speaker 1: moved to dismiss the complaint for failure to state a
- 10:41Speaker 1: claim and asked the court to take judicial notice of
- 10:44Speaker 1: 11 documents, including the subpoena, press release, birthday book, produced letter,
- 10:49Speaker 1: articles about President Trump, and campaign statements by President Trump.
- 10:54Speaker 1: The court granted in part and denied in part defendants'
- 10:57Speaker 1: motion to dismiss the complaint, finding President Trump failed to
- 11:01Speaker 1: plausibly allege that defendants published an article with actual malice
- 11:06Speaker 1: and failed to allege special damages for his defamation claim.
- 11:11Speaker 1: President Trump then sought leave to conduct limited discovery as
- 11:15Speaker 1: to actual malice before amending his complaint. The court Denied
- 11:19Speaker 1: his request. All right, we're going to wrap up with
- 11:22Speaker 1: part one right here. And in the next episode dealing
- 11:24Speaker 1: with the topic, we're going to pick up with part
- 11:26Speaker 1: number two. All the information that goes with this episode
- 11:30Speaker 1: can be found in the description box.