ABC shouldn’t have agreed to settle the defamation case Trump brought against it — handing him $15 million for his presidential “library” (whatever monument that turns out to be) and another million for his legal fees, along with an apology.
It shouldn’t have, first, because the standard for defamation of a public figure requires that a plaintiff prove that the defendant acted with “actual malice” — that is, knew their statement was false or acted with reckless disregard for the truth.
But when on March 10, ABC News anchor George Stephanopoulos asserted that Trump had been found civilly liable for raping writer E. Jean Carroll, there’s zero evidence that Stephanopoulos knew it to be false or was acting with reckless disregard for the truth.
At Trump’s civil trial for defaming Carroll, she testified that he pushed her against a dressing room wall, forced his mouth onto hers, yanked down her tights, and shoved his hand and then his penis inside her while she struggled against him. She said she finally kneed him off her and fled.
In upholding the civil judgment for Carroll and against Trump, U.S. District Judge Lewis Kaplan wrote that the unanimous jury verdict was almost entirely in favor of Carroll, except that the jury concluded she had failed to prove that Trump raped her “within the narrow, technical meaning of a particular section of the New York Penal Law,” which requires vaginal penetration by a penis.
The judge said that jury verdict did not mean that Carroll “failed to prove that Mr. Trump ‘raped’ her as many people commonly understand the word ‘rape.’ Indeed ... the jury found that Mr. Trump in fact did exactly that.”
After a federal judge says that the jury under his purview found that Trump “exactly” raped her, as rape is commonly understood, isn’t it understandable that Stephanopoulos concluded that Trump had been found civilly liable for raping her?
By caving into Trump with this $15 million settlement, ABC didn’t just signal that Trump was correct and Stephanopoulos wrong about whether Trump had in fact raped Carroll.
ABC also signaled that Trump might be correct about a lot of other things he has accused ABC and the rest of the mainstream media of reporting falsely about him — that he lied when he said the 2020 election was stolen from him, for example, or that he lied when he claimed he did not provoke the rioters on January 6, 2021, or when he characterized it as a “peaceful” protest, or said President Biden was behind his prosecutions for trying to reverse the outcome of the 2020 election and making off with classified documents.
ABC’s cave to Trump has even larger implications.
Trump has already used legal threats to intimidate the media and anyone brazen enough to criticize or question him — saying he’ll prosecute journalists and their sources, eliminate funding for public radio and television, subpoena news organizations, revoke networks’ broadcast licenses, and use libel lawsuits.
In the wake of ABC’s surrender, Trump is already expanding his threats of legal action against the news media, stating he wants to “straighten out the press.”
On Monday, Trump said that “today or tomorrow” he would sue the Des-Moines Register newspaper over its final poll of Iowa voters that showed him losing the November election to Vice President Kamala Harris, because he believed the poll “was fraud and it was election interference.”
The Register’s final poll before Election Day, conducted by legendary pollster J. Ann Selzer, showed Harris leading Trump 47-44 percent among likely voters in the state. The poll was a bombshell that suggested Harris might pull an upset in a state Trump won in 2016 and 2020.
Trump went on to win the state by a 13-point margin.
“She’s a very good pollster,” Trump said of Selzer. “She knows what she was doing.”
Selzer said she was “mystified” by allegations she was politically motivated or had engaged in election interference. “To suggest without a single shred of evidence that I was in cahoots with somebody, that I was being paid by somebody, it’s hard to pay too much attention to it except that they are accusing me of a crime.”
Trump’s comments about the Register were in response to a reporter’s question about whether Trump planned to file more lawsuits following the settlement with ABC, including against social media influencers and other independent figures. Trump responded, “I think you have to do it because they’re very dishonest. We need a great media. We need a fair media.”
Some news organizations are already warning their reporters to prepare: Axios recently told its staff to expect an increased number of lawsuits from the Trump administration, Semafor reported.
At one point, Trump suggested that the U.S. government should be taking up these lawsuits against the news media. “I feel I have to do this. I shouldn’t really be the one to do it. It should have been the Justice Department or somebody else. But I have to do it. It costs a lot of money to do it, but we have to straighten out the press.”
So, why didn’t ABC stand by Stephanopoulos and stand up to Trump?
Media lawyers say it’s rare to see a settlement at this stage of a legal dispute.
After Trump filed the lawsuit accusing Stephanopoulos of “actual malice,” ABC filed a motion to dismiss the case, claiming Trump could not prove actual malice. In July, the judge assigned to the case rejected ABC’s motion and allowed the case to move forward. This subjected the network to the pretrial discovery process, meaning that Stephanopoulos would have his emails and other work materials scrutinized.
The curious thing here is that when media defendants are unsuccessful at the dismissal stage of a trial, they typically move on to preparing for summary judgment and challenge the legal sufficiency of a plaintiff’s claim. Four media lawyers I checked with told me they didn’t understand why ABC would settle before trying for summary judgment, especially when it had such a strong case.
Conservative radio host Erick Erickson, who used to practice law, says ABC and Stephanopoulos wanted to avoid discovery. The “$15 million settlement is not the cost of doing business. It is avoiding discovery.”
I don’t think it’s a cover-up. I know George Stephanopoulos well (we worked together in the Clinton administration), and I have utter confidence in his integrity.
But I don’t have nearly as much confidence in the Walt Disney Company — which, along with its ownership of ABC, owns the Disney Channel, ESPN Wide World of Sports, Freeform, FX, Hulu, Hotstar, and National Geographic. It also owns the properties Disneyland Resort, Walt Disney World Resort, and Disneyland Paris. It owns the studios Pixar Animation, Marvel Studios, Lucasfilm, and 20th Century Studios. It owns the brands Star Wars, The Muppets, Disney Princesses, Pirates of the Caribbean, and Winnie the Pooh. It owns a publishing company, a cruise line, a venture capital firm, and a host of international media networks.
In other words: A very big corporation with its hands in all sorts of places. A very big corporation that worries about all the ways the upcoming Trump administration might hurt its bottom line.
No large American corporation wants to be actively litigating against a sitting president, especially one as vindictive as Trump. A $15 million settlement is chickenfeed compared to the myriad ways Trump could penalize Disney, a $205.25 billion corporation.
We are beginning to see this all over the American political-economic system — giant corporations and hugely wealthy people going out of their way to appease King Trump even in advance of his coronation. They are paying him off to maintain or enlarge their profits.
Which is why Disney’s control over ABC — like Jeff Bezos’s control over The Washington Post, Elon Musk’s control over what we used to call Twitter, and Patrick Soon-Shiong’s control over the Los Angeles Times — and every other wealthy individual’s or big corporation’s control over the news we get, poses such a challenge to American democracy in the age of Trump.
Robert Reich is a professor, writer, and former Secretary of Labor.
