TRUMP believes he has ‘an obligation’ to sue the BBC for ‘defrauding’ viewers. Here’s how that libel action cannot possibly work:
One: Panorama wasn’t on where he’s suing
Trump has threatened suit in Florida. It wasn’t shown in Florida. Legal experts claim that for a ‘TV programme’ to ‘influence viewers’ it has to ‘be shown’ on ‘their televisions’. Trump discounts that as tricky, evasive legalese.
Two: He said the things
It’s an unfair quirk of the courts that actually having committed the acts you’re accused of invalidates lawsuits, and one Trump has fallen foul of before. The two statements, even if separated by 50 minutes of waffle like ‘if you sign your name as Santa Claus, it would go through’ were actually made. Which apparently complicates the issue.
Three: He has a reputation for trying to overthrow an election
For the libel suit to work, Trump would need a reputation as a man who would never, even if he felt a terrible injustice had been done, incite his supporters to storm the Capitol and try to overthrow an election. It is believed that footage exists which may contradict this.
Four: He would be called as a witness
Any libel suit would require Trump himself to swear to tell the truth, the whole truth and nothing but the truth, then to enter the witness box and speak logically and coherently without veering off into unrelated tangents and spouting obvious falsehoods. His speeches over the last decade suggests this could be an issue.
Five: The requested damages of one billion dollars are completely made-up
Proving the president has suffered one billion dollars in damages when he was re-elected shortly following the lightly edited broadcast of a little-watched programme in a different country would likewise seem fraught with difficulty.
Six: So the BBC should settle for multiple millions
As there is no route to Trump’s libel action being successful and very little chance of it even being followed up in any meaningful way, the BBC should admit culpability and pay Trump $20 million. It’s what he wants and our current policy is to give him that. What, does the BBC think it’s got more integrity than the government and King? For shame.