XPost: alt.crime, alt.politics.democrats, alt.news-media   
   XPost: misc.survivalism   
   From: coward-biden@gmail.com   
      
   Alan Dershowitz will be able to move to discovery after   
   surviving the first round of a defamation lawsuit against CNN   
   over its coverage of Donald Trump’s impeachment.   
      
   The famed attorney was representing Trump in the 2020 Senate   
   trial when he answered a question from Ted Cruz about whether a   
   president can be impeached and removed from office if he takes   
   any action that is motivated by a desire to be reelected.   
   Dershowitz gave a lengthy response that concluded, “Every public   
   official that I know believes that his election is in the public   
   interest and, mostly you are right, your election is in the   
   public interest, and if a president does something which he   
   believes will help him get elected in the public interest, that   
   cannot be the kind of quid pro quo that results in impeachment.”   
      
   Later, discussing that moment from the impeachment trial, Joe   
   Lockhart appeared on CNN and discussed Dershowitz’ “absurd”   
   views that he believed a president had “license to commit   
   crimes” if it’s better for the country.   
      
   “The Dershowitz Doctrine would make presidents immune from every   
   criminal act, so long as they could plausibly claim they did it   
   to boost their re-election effort,” added Paul Begala, another   
   politico pro turned CNN pundit. “Campaign finance laws: out the   
   window. Bribery statutes: gone. Extortion: no more.”   
      
   In his libel claim, Dershowitz alleges CNN provided an edited   
   version of what he said and a misleading narrative about his   
   views that damaged his reputation as a scholar. He’s seeking   
   $300 million in damages.   
      
   CNN, in a motion to dismiss, argued that it was protected by the   
   fair report privilege, which shields the press from reporting   
   about government proceedings.   
      
   U.S. District Court Raag Singhal agrees with Dershowitz that a   
   misleading presentation cancels out such a defense.   
      
   “CNN presented an abridgment of Dershowitz’ answer to Senator   
   Cruz’ question,” he writes. “The abridgment is not accurate, to   
   the extent that it omitted a crucial qualification: that an   
   illegal motive for a quid pro quo would be corrupt. As a result,   
   the commentators’ statements – that Dershowitz believes a   
   President can do anything, even commit crimes if it would help   
   his re-election – are not based upon a fair and accurate summary   
   of Dershowitz’ statement to the Senate.”   
      
   The judge takes CNN’s point that journalists have discretion and   
   aren’t obligated to present all information that puts its   
   subject in a positive light, but still concludes that CNN fell   
   short of a standard of fairness.   
      
   CNN argued there were other grounds to dismiss the complaint   
   including that the allegedly defamatory statements were opinions   
   and there was nothing to support actual malice. On the former,   
   Singhal sees the statements as mixed opinions with some factual   
   foundation that could be challenged as false. On the latter   
   front, even though the judge strikes Dershowitz’ allegation of   
   political animus, he rules there’s enough at this stage.   
   Accepting what’s pled as true, as judges must do in federal   
   court on a motion to dismiss, Singhal points to the aspects of   
   Dershowitz complaint alleging CNN had knowledge of his qualified   
   views on the topic of unlawful actions by a president.   
      
   Singhal adds, “Whether the evidence adduced will ultimately   
   satisfy Dershowitz’ burden of proving actual malice by clear and   
   convincing evidence remains to be seen. But he has alleged   
   enough to go forward.”   
      
   See the full opinion below…   
      
   https://www.hollywoodreporter.com/tv/tv-news/cnn-cant-dodge-alan-   
   dershowitz-libel-suit-1234958859/   
        
      
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