Tuesday, August 21, 2018

In other not-good-for-Trump legal news...

The author of the explosive dossier outlining the president’s alleged ties to Russia won an important legal victory on Monday, when a judge dismissed a defamation lawsuit brought against his firm by the co-founders of Russia’s largest private bank.

In his decision to toss the case “with prejudice”—that is, permanently—Judge Anthony C. Epstein of the Washington, D.C. Superior Court concluded that the author of the dossier, former British intelligence officer agent Christopher Steele, acted “in furtherance of the right of advocacy on issues of public interest” when he decided to brief reporters on the dossier’s findings in the summer of 2016. Steele’s conduct is therefore protected by “anti-SLAPP” statutes, according to the judge, which aim to halt lawsuits brought to chill the exercise of constitutionally protected free speech.

[...]

In court documents, the Alfa plaintiffs have argued two seemingly contradictory points: first, that Steele implied they had been involved in a Trump-Russia conspiracy, and second, that the section of the dossier dealing with the bank was not in the public interest because it did not mention a specific candidate or the 2016 presidential election. Epstein caught this, and wrote that Alfa Bank could not, on the one hand, contend that Steele accused them of cooperating with Russia’s election interference, while on the other hand saying such an explosive revelation would not be in the public interest, he wrote.

The judge also called it “ironic” that Alfa’s co-founders, “who are non-resident aliens with Russian and/or Israeli citizenship,” had argued that non-resident aliens like Steele, who is a British national, don’t have First Amendment rights—even as the co-founders themselves were “ petitioning a U.S. court for a redress of their grievances and invoking a constitutional right to conduct discovery...Plaintiffs do not explain why non-resident aliens have the same right as U.S. citizens to bring defamation actions, but non-resident aliens do not have the same rights as U.S. citizens to defend themselves,” Epstein wrote in a footnote.

  The Atlantic
...but hey, do what you want...you will anyway.

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