Now that a super PAC supporting John Kasich is planning on launching a negative ad campaign against Donald, Trump, Trump’s threatening to sue the super PAC. This is typical Trump bluster and he knows it. There’s intentionally a high bar to win this type of lawsuit. It’s intentionally high to protect citizens’ free speech rights. Hypothetically speaking, if it wasn’t difficult to get ads taken off the air, a well-funded campaign could file a series of lawsuits to prevent a super PAC from running a series of devastating ads.
Trump’s attorney, Alan Garten, sent a letter to Matt David and Fred Davis, “two top strategists” for the pro-Kasich super PAC, that said “Please be advised that in the event your ads contain any false, misleading, defamatory, or otherwise tortious statements or representations regarding Mr. Trump’s businesses or his brand, we will not hesitate to seek immediate legal action to prevent such distribution and hold you and your organizations jointly and severally liable to the fullest extent of the law for any damages resulting therefrom.”
David and Davis appear to be giving this the ho-hum treatment it richly deserves:
“Mr. Trump’s been successful in suing his way to financial gain,” said Matt David, a top official at the pro-Kasich super PAC. “Unfortunately, you can’t sue your way to the Oval Office. Trump can hire every trial lawyer in the country, but voters will ultimately decide this election. You can’t sue ISIS away. Suing Vladimir Putin won’t evict Russia from the Ukraine. The role of commander in chief requires leadership, not lawyers.”
In 2014, a Pelosi super PAC turned this paragraph from a Stewart Mills presentation:
“How come we are not generating the jobs in Northeastern Minnesota that we otherwise would? Well I can tell you why. Because the overwhelming group of people that run businesses, that have the ability to employ people are taxed at that personal rate. They are the villains, they’re the bad guys. They’re the ones that quote are not paying their fair share. They’re the ones quote that ‘the 2%, the 1%, whatever percent you want.”
“To be singled out as a deadbeat is personally offensive.”
into this ad:
“…folks saying that ‘the wealthy, the wealthy are not paying their fair share…the 2%, the 1%, whatever percent you want…is personally offensive.”
Clearly, the Pelosi super PAC chopped up Mills’ statement, then turned it into something totally misleading. A pro-Kasich super PAC might very well hit Trump hard but it’s impossible to think that the super PAC would intentionally and dramatically change the meaning of a sentence or paragraph.
Anything short of that and the judge is likely to throw a potential Trump lawsuit out with prejudice.