Question for DU Lawyers

[DemocratSinceBirth]

Could Barack Obama sue Donald Thump for libel in DC civil court?

Are civil court verdicts in DC majority and not unanimous?

If the answer to the above is yes it slams like a slam dunk.

[treestar]

1. Public figures have to show malice

This might be able to meet that standard. There is no truth in it and Orange Toxin knows it.

[malaise]

7. Well the birther bullshit was 100% malice

and racism to boot

[Trust Buster]

2. No Drama Obama is even unwilling to defend himself in the face of such scurrilous accusations.

I highly doubt he would sue even if he could.

[no_hypocrisy]

3. President Obama could sue Trump for libel, but the question

is what would happen once the action is filed.

Would it be a *successful* action?

Both men are public figures and libel laws are looser for such a status as both have access to the media to "correct the record".

President Obama would have to also prove that his reputation "suffered", i.e., because of the Trump information, people thought less of him and besides an injury to his social status, he also lost business opportunities as he now appears untrustworthy. If the latter, Trump would argue that President Obama didn't lose any trustworthiness of note. Or some kind of BS like that.

In law, you can sue anyone, but you have to avoid frivolous claims, you have to prevail in court, and you have to be able to collect a judgment if you win on the first two conditions.

[onenote]

5. I believe DC requires unanimous verdicts in both civil and criminal cases

Plus, as others have pointed out, no case involving a public figure is ever a "slam dunk".

[PJMcK]

6. Here's an authoritative answer

Constitutional scholar Lawrence Tribe tweeted:

It meets all parts of the NYT v. Sullivan test, but Obama is way too sensible to sue his successor for libel. Still, a delicious thought.

Thanks and a tip o' the hat to DUer Saboburns. http://www.democraticunderground.com/10028753930

[DemocratSinceBirth]

8. Many cases are won and lost in voir dire. PBO couldn't ask for a better jury pool.

[onenote]

11. Tribe may be an expert, but his views are not "authoritative"

in the sense that if he says something it must be so.

Tribe has taken a more plaintiff-friendly view of defamation law than the courts. For example, after Brad Delp, a member of the band Boston, committed suicide, his family sued Tom Scholz (founder of the band) over certain statements he made about Delp. The lower courts ruled against Scholz. With Tribe as his lead counsel, Scholz took the case to the Supreme Court. Despite Tribe's "authoritative" knowledge, he still lost -- the Supreme Court denied cert.

Like I said -- when a public figure is involved, there is no such thing as a slam dunk libel suit.

[PJMcK]

13. Good points

Perhaps I could have written "educated and experienced" instead.

Regardless, it's nearly inconceivable that President Obama would pursue a libel suit against his successor. This is for many reasons in addition to your point.

[Saboburns]

12. Gosh thank you

You made my day

[Vinca]

9. I suspect Obama would rather rub Trump's nose in the $60 million book deal.

It won't be long before O is touring the country to massive crowds of adoring fans and Dear Leader is stuffed into his golden cage stewing about Breitbart stories and fending off investigations.

[BumRushDaShow]

14. Plus he is getting his Presidential Library together

which should be amazing!

[former9thward]

10. Obama would open himself up to deposition.

As well as other members of his administration. Some people may think these people are pure and have nothing to hide but Obama is smarter than that.

[Liberal In Texas]

15. Not a lawyer, but found this:

Q:
Can a private citizen sue the President?
A:
Quick Answer

A private citizen may sue the President over alleged actions undertaken before or independently of the Presidential office. When the President acts on the authority of his office in any way, he is shielded by the doctrines of immunity.

Sovereign immunity holds that the federal government cannot be sued in its own courts without its unequivocal consent. Acts of Congress have extended consent to limited sets of circumstances, most notably some tortious and contract claims. However, even in the event that the federal government can be sued, the target of the suit is the government itself, not its individual agents. Executive immunity further articulates that the immunity of the executive in the course of his duties is absolute.

https://www.reference.com/government-politics/can-private-citizen-sue-president-2f8565a8eca32f83#

[Gothmog]

16. Yes

Last edited Mon Mar 6, 2017, 01:17 PM - Edit history (2)

MSNBC had a couple of segments where they concluded that President Obama could sue Trump. Trump's tweet meets the malice standard

[AngryAmish]

17. Yes.