Does Trump Have a Case Against NY Times Over Sexual Assault Claims?
The New York Times is reporting allegations from two women who accuse Donald Trump of touching them inappropriately.
The Times says 74-year-old Jessica Leeds was sitting next to Trump in the first class section of an airplane more than 30 years ago when he allegedly groped her repeatedly.
The other accuser, Rachel Crooks, told the paper that when she was 22 in 2005, she encountered Trump in the elevator lobby of Trump Tower. Crooks said Trump "kissed [her] directly on the mouth" against her consent.
Trump is hitting back, declaring "war" on the paper and vowing to take them to court for libel.
The phony story in the failing @nytimes is a TOTAL FABRICATION. Written by same people as last discredited story on women. WATCH!
— Donald J. Trump (@realDonaldTrump) October 13, 2016
So does Trump actually have a case? Steve Doocy discussed it today with Fox News senior judicial analyst Judge Andrew Napolitano.
The judge said Trump faces a "high bar" in a potential libel lawsuit and would have to prove "actual malice" on the part of the Times.
"[That] means that The New York Times knew this was wrong and published it anyway or was reckless in its disregard for whether it was truthful or inaccurate and published it anyway," said Napolitano.
He said the bar is set intentionally high because courts have determined that the First Amendment must encourage "robust, uninhibited debate."
If a lawsuit is filed, the judge said it would probably be years before there is an outcome. He also said no court would order a retraction or a correction.
Watch his full analysis above, including on the latest report about the FBI and the Hillary Clinton email investigation.