To win a defamation case, the plaintiff must establish five things: 1. that a defamatory statement was made, 2. that the statement was about the plaintiff, 3. that the statement was a matter of fact and not opinion, 4. that the statement was false, and 5. malice, the intention to do harm. The farther we get to the end of that list, the more difficult it may prove to prove.
News agencies don’t claim facts; they report what other people claim as facts. Defamation usually doesn’t become a problem for a news agency unless the agency knows a statement to be false and reports it as truth anyway. Usually, defamation cases should target the false witness, not the news agency or the attorney. But, in the case of the 2020 election machines, targeting Giuliani, Powell, and Fox News looks more like a theatrical stage of a failed sting. Pathological liars don’t give up on the lie when caught, but often dismiss and even accuse whistleblowers of conspiracy. The voting machine companies would seem more credible if they were suing attorneys and news agencies for access to the whistleblowers.
Speaking of whistleblowers, didn’t Democrats establish with the Russianewsgategate scandal that whistleblowers should be protected?
Trump will live at Mar-a-Lago as an employee, which hosts the first ever “Office of the Former President”. Obama holds such a titular office. Trump is the first president to be impeached twice. His post-presidential trial will be held on Tuesday, February 16, only eight days away. Senate Republicans fear convicting him, lest they do even more irreparable damage than their insolvent party has already sustained.
Trump
Trump opens ‘Office of the Former President’ in Florida // CBS News
From Jan 27:
Donald Trump Opens ‘Office of Former President’ from Mar-a-Lago // People
Trump’s defense team will show clips of Democrats urging violence in 2020 // WA Times
Mar-a-Lago: Palm Beach completes legal review of Trump’s residency // CNN
Trump officially opens ‘Office of the Former President’ // NY Post
Election
Law
Alito ‘not surprised’ about reaction to comments about virus restrictions // The Hill
White House
Mike Rogers calls Jen Psaki’s Space Force quip disgraceful // NY Post
State & Local
Restaurants reopen today for indoor dining – here are Michigan’s new rules // MLive.com
Dozens of restaurants in Michigan defy virus restrictions // Detroit News
Violence, Radicalism & Terrorism
Seditionaries: FBI net closes on Maga mob that stormed the Capitol // Guardian
Markets, Economy & GDP
Elon Musk on Clubhouse: Robinhood CEO explains trading restrictions // CNBC
Pandemic
Graphs
Nationwide COVID-19 Metrics Apr 1 – Feb 3 // pbs.twimg.com
You’re Kidding
Photo
Crashing wave appears to show the face of Poseidon // Daily Mail