00:06:42.920And so, you know, you mentioned they settled this because Trump won.
00:06:46.540And it's true that Trump won and it's true they settled this.
00:06:49.940But I guarantee you their lawyers were telling them, listen, when you say over and over again,
00:06:54.860a jury has found someone guilty of a felony and the jury found the opposite, that's defamation.
00:07:01.520And you're going to end up writing a much bigger check if you don't settle this this lawsuit.
00:07:07.280And it happened right after the magistrate judge ordered both Trump and Stephanopoulos on Friday to sit for depositions next week and answer questions under oath.
00:07:20.280And I think ABC realized they were going to have to sit George Stephanopoulos down.
00:07:25.320And Trump's lawyers were going to get to ask him, OK, did the jury find him liable for rape?
00:07:52.760They were going to ask him, did you know at the time that you said 10 separate times the jury found him liable for rape,
00:07:59.040that the jury explicitly had found him not liable for rape?
00:08:04.060And I don't know how Stephanopoulos would answer that.
00:08:06.660My guess is he'd be forced to say yes, but he was either deliberately lying or he was utterly indifferent to what the truth or falsity of what he was saying is.
00:08:19.720And I think they looked at that and they probably had started prepping him for that deposition and realized there is no good answer for him to give because, look, they just hate Trump.
00:10:55.300It's harder to prove that it's objectively false.
00:10:58.260Like on Russia, Russia, Russia, they will say, well, look, we were just reporting what the allegations were.
00:11:02.780We were reporting what Bob Mueller said.
00:11:05.120We were reporting what so-and-so said.
00:11:07.240You know, they can hide behind he said, she said.
00:11:11.180In this instance, what gave them particular exposure is there was a jury verdict, and ABC simply reported it wrong and did so somebody knew.
00:11:23.380Whether Stephanopoulos knew or not, somebody knew.
00:11:26.400And I will say it is harder to win a defamation case if you're Donald Trump or if you're any public figure,
00:11:34.680because the Supreme Court, the standard for defamation, they made it much harder for a public figure to win a defamation case.
00:11:43.020And there's a landmark decision from the Supreme Court called New York Times v. Sullivan.
00:11:47.560It was 1964, and what the court concluded is that you have to demonstrate, quote,
00:11:53.880actual malice before you can find defamation if it's against a public figure.
00:12:00.840And here's the quote from the Supreme Court.
00:12:04.680Now, that's a very high standard to prove, and so as a general matter, if someone's a public figure,
00:12:33.700by the way, if someone is not a public figure, if someone's an ordinary citizen, defamation is much easier to prove.
00:12:40.100You don't have to prove actual malice.
00:12:41.640But if you are a public figure and the president of the United States is the quintessential public figure,
00:12:46.620then you've got to meet that higher threshold.
00:12:48.960Now, there are at least two arguments that Trump's legal team would make.
00:12:52.960One was, in this case, the defamation was not relating to his official conduct.
00:12:59.280He was not president of the United States at the time.
00:13:02.700The interaction with Gene Carroll did or did not occur.
00:13:05.520And so it was not a defamatory falsehood related to his official conduct, but rather his personal life before he was president of the United States.
00:13:14.880So that would certainly be what Trump's lawyers would argue is that the New York Times versus Sullivan standard doesn't doesn't apply.
00:13:20.660But secondly, even if you had to demonstrate actual malice, notice a second ago when I was saying when they were prepping Stephanopoulos for his deposition,
00:13:39.920The Supreme Court defined actual malice as, quote, that is, with knowledge that it was false or with reckless disregard of whether it was false or not.
00:13:49.160So one of the two you've got to demonstrate for actual malice.
00:13:53.140And the problem, I think, that that ABC had is I think it was very clear that they did it with that with actual malice.
00:14:00.560I think there were certainly a producer or somebody knew for a fact it was false to say he'd been found liable for rape.
00:14:06.880It wouldn't surprise me if a producer had told Stephanopoulos, don't say liable for rape.
00:14:12.800And it wouldn't surprise me if Stephanopoulos decided, oh, I'm going to say it anyway.
00:14:16.660It's close enough for government work and it's much more sensationalistic than to report accurately.
00:14:22.840And I think when they found themselves trying to defend the lawsuit that it was going to be clear that they either knew what they were saying were false or at a very minimum,
00:14:31.540they were they were engaged in reckless disregard of whether it was true or false.
00:14:34.980And so they were going to get popped and they were going to lose.
00:14:39.120That's why they're writing a big, big check.
00:14:40.720And it also made Stephanopoulos very vulnerable.
00:14:43.740Right. I think that was part of his preserving their anchor here, because if they went into a deposition and they really got to rough him up,
00:14:51.280that would hurt his brand and that would hurt the brand of ABC, I think, as well,
00:14:55.480because he they still want you to believe that he is the most non-biased, hardcore news guy at ABC News.
00:15:02.140Well, that's right. And look, George Stephanopoulos worked in the Clinton White House.
00:15:06.580He was a Democrat operative for years before he became an ABC journalist.
00:15:11.640And I have no doubt that there were going to be lots of questions from Trump lawyers about, OK, Mr. Stephanopoulos,
00:15:18.600what are your communications with Democrats? What are your communications with the White House?
00:15:22.980What are your communications with Joe Biden and Kamala Harris?
00:15:26.040What to what extent are you acting as as a Democrat attack dog?
00:15:32.920And it may well be. I don't know this to be the case.
00:15:35.820I'm sure they were going to ask those questions. And I suspect that ABC was very nervous about what kind of answer Stephanopoulos would give under oath
00:15:43.300and and potentially vulnerable and for the world to know the frequency with which he is explicitly reading the talking points from the Democrat Party.
00:15:54.880One thing's for sure. When the library opens up, it's going to be really fun to see how they make sure that everyone going through the library knows
00:16:01.360that this part of the library is brought to you by ABC News and George Stephanopoulos.
00:16:05.160I cannot wait to see the trolling there because I don't believe that Donald Trump is going to let that opportunity pass.
00:16:10.680I just I don't believe it. It's going to be really fun to see what happens.
00:16:13.620I think that is a fair prediction. I would not wager on the other side of you on that one.
00:16:18.060I want to move on to this other big shocking story, and it is the normalization of kill your political enemy,
00:16:27.600kill anybody that you don't like, that you think is evil.
00:16:30.960We'll justify it publicly so we can normalize it.
00:16:35.000We've seen this with the assassination attempts on Donald Trump.
00:16:39.300We have now seen this turn really ugly when it comes to the murder of this CEO in New York City,
00:16:46.740the cold blooded murder of of this CEO.
00:16:49.300And people have turned him into some sort of hero.
00:16:52.940We now have elected officials, Senator, that some that you serve with getting in on this,
00:16:59.860allowing for this almost justification of, well, we understand why people would want to do this.
00:17:04.620Well, and we did an entire podcast on this last week, last Wednesday.
00:17:09.600I'd encourage you to go back and listen to it, because I really think what is happening here,
00:33:03.140It is larger than many of the states of our union.
00:33:06.000I mean, four point two million since Joe Biden put his hand on the Bible and took the oath of office.
00:33:13.360That's what's come and it continues to get worse.
00:33:16.560And what is amazing about when when red state governors, first Texas, now Florida, are shipping to blue strongholds is the Democrats who talk a good game immediately flip tail.
00:33:29.460So I want to give you a quote on from Martha's Vineyard.
00:33:32.600When I introduced the legislation, you had Democrats, Democrats in the House of Representatives slam me.
00:33:38.940But I want to read from the county commissioner of Martha's Vineyard, Keith Chattanova.
00:33:46.900And here's the quote he said about my legislation.
00:33:50.120I would love to see Martha's Vineyard, I would love to see Martha's Vineyard become a haven for new immigrants in the country.
00:33:58.480But Senator Cruz has no idea what he's talking about regarding a border crisis.
00:34:02.720He went on to say immigrants make our country stronger, as evidenced by immigration from Brazil and other countries to the vineyard.
00:34:10.760And he is trying to whip up racial anxieties for political gain, which is essentially the entire GOP platform.
00:35:05.700The suffering that has occurred, and I will say the actual sending of plane loads and bus loads of illegal immigrants to blue strongholds,
00:35:14.640it showed the complete and utter hypocrisy as every Democrat mayor, every Democrat governor, every Democrat county executive completely demonstrated everything they'd been saying was a lie.
00:35:25.920And it broke through the media freeze out in a way nothing else did.
00:35:33.120I think Katie Couric's right that that single action of demonstrating Democrat hypocrisy on this issue could well have decided the presidential election last month.
00:35:46.080That was something you said way beforehand, and it clearly, they're even admitting now, had a massive impact on the outcome of this election.
00:35:52.480Don't forget, we do this show Monday, Wednesday, and Friday.
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00:36:07.240And on those in-between days, grab my show, the Ben Ferguson podcast as well.
00:36:11.460I'll keep you up to date on the latest breaking news there as well.
00:36:14.400And we will see you back here on Wednesday morning.