.jpg?width=1200&auto=webp&trim=0%2C0%2C0%2C0&ssl=1 "What does Donald Trump have to prove to win his WSJ lawsuit over ‘fake’ Epstein card?")
President Donald Trump filed a $10 billion defamation lawsuit against The Wall Street Journal after the newspaper published the president’s alleged birthday card to convicted sex offender Jeffrey Epstein – but what will he have to prove to win the case?
The lawsuit filed in Miami federal court on Friday names the paper’s owners, including right-wing media mogul Rupert Murdoch, as well as the paper’s parent companies, Dow Jones and News Corp, and two Wall Street Journal reporters, claiming they defamed Trump.
Weeks after the White House attempted to dismiss the so-called Epstein files as a Democratic “hoax,” the Journal published Trump’s alleged 50th birthday card message to Epstein. The 2003 note was described as including a sexually suggestive drawing and a birthday wish that read: “may every day be another wonderful secret.”
But the lawsuit claims the paper “failed to show proof that President Trump authored or signed any such letter, and failed to explain how this purported letter was obtained.”
Trump’s handling of claims related to Epstein, the child sex predator who died by suicide in a Manhattan jail cell in 2019, has drawn criticism even from his own MAGA base, as many Americans believe the US government is hiding information about Epstein’s associates.
According to experts, The Wall Street Journal could seek reciprocal discovery, and Trump would be forced to answer highly-publicized questions about his relationship with Epstein, and whether he was aware of his crimes.
Here’s what Trump would need to happen to win the lawsuit:
For Trump to win the $10 billion defamation suit, he would have to prove that The Wall Street Journal was lying, or did not fact-check their claims before publishing.
A spokesperson for Dow Jones defended the accuracy of the reporting and their fact-checking of its claims.
“We have full confidence in the rigor and accuracy of our reporting, and will vigorously defend against any lawsuit,” a spokesperson said in a statement.
News Corp did not immediately return The Independent’s request for comment.
According to Damon Dunn, a First Amendment and media attorney, Trump would have to prove the story was false, damaging to his reputation, and published with “actual” malice – a lofty legal standard to reach, Dunn told Business Insider.
“The provenance of the ‘card’ appears suspect, but, even so, is it defamatory that one millionaire sent a birthday card to another in 2003 before Epstein was discovered?” Dunn said, noting the card was allegedly written years before Epstein was convicted of sex crimes.
Former federal prosecutor Chris Mattei said the lawsuit may allow the Journal to seek reciprocal discovery – meaning it can ask Trump to provide additional information or evidence that he did not write the letter, as well as details about his relationship with Epstein and whether he was aware of his crimes.
