Trump’s poll tantrum returns
New court, same pettiness
For a brief moment Monday afternoon, I naively thought President Donald Trump had finally come to his senses by dropping his federal lawsuit against the Des Moines Register and pollster Ann Selzer. After all, he’s got a country to — ahem — run, and one would assume he has more pressing matters than clinging to last year’s grievances. He won the election; why waste time nursing an old grudge? With his visit to Des Moines just days away to kick off America’s 250th birthday celebrations, I allowed myself to hope, however briefly, that he was ready to show a shred of maturity — to admit defeat, let the past go, and focus on the future.
I should have known better. At the same time as his lawyers were withdrawing their lawsuit in federal court, they were refiling the lawsuit in Iowa state court. And they did so just hours before the new state law takes effect on July 1 that prohibits these so-called SLAPP lawsuits. The Iowa legislature this year passed and the governor signed a new anti-SLAPP bill that would have made Trump’s already tenuous case nearly impossible to win. SLAPP stands for Strategic Lawsuit Against Public Participation. The intent of such lawsuits is not to win the court case, but to drag media defendants through a long, painful, expensive trial experience.
I applaud those legislators who proposed the anti-SLAPP bill, but they quite intentionally structured it so it protects only lawsuits filed on July 1 or after. It can’t be applied retroactively. It would be naïve to think Republicans pushing the bill hadn’t anticipated exactly what has happened, so that Trump’s lawsuit against the Register and Selzer would not be blocked by the new law.
It’s all so tiresome. So petty.
This newest lawsuit is exactly like the first one he filed in state court. It alleges a violation of Iowa’s consumer fraud law when the poll just prior to the November election showed Kamala Harris leading Trump in Iowa by 3 points. It was a bad poll. A terrible poll. Trump won Iowa by 13 points. It happens. The Register and Selzer had enough egg on their faces – but not enough to satisfy Trump, who claims it was “brazen election interference.”
The Register got the case moved from state to federal court. Trump tried to get it moved back to state court, but the federal judge rejected that request. So Trump has dismissed his federal case and started all over again in state court, just prior to the anti-SLAPP law taking effect.
Fight, fight, fight
Luckily for all of us, the Register will fight on. Register spokesperson Lark-Marie Anton said in a statement, "After losing his first attempt to send his case back to Iowa state court, and apparently recognizing that his appeal will be unsuccessful, President Trump is attempting to unilaterally dismiss his lawsuit from federal court and refile it in Iowa state court….Although such a procedural maneuver is improper, and may not be permitted by the court, it is clearly intended to avoid the inevitable outcome of the Des Moines Register's motion to dismiss President Trump’s amended complaint currently pending in federal court,” Anton said.
Selzer is being represented by a nonprofit civil liberties group, the Foundation for Individual Rights and Expression, which said Trump’s latest legal move "is a transparent attempt to avoid federal court review of the president’s transparently frivolous claims.” It continued, “We remain confident the courts will see through this sham lawsuit.”
Support the Register
I have not been shy about criticizing the Register when warranted, but every Iowan, everyone who cares about the free flow of information in this country should stand up and support the Register and Selzer in continuing to fight Trump’s bullying tactics. Settling this “transparently frivolous claim” would be a disaster for journalism. It would do nothing but encourage Trump to file more such lawsuits against more journalists.
We’ve seen too many examples of news organizations, law firms and universities caving to Trump – only to later regret it. Those that fight hard for their rights are having more success than those that seek appeasement. As British prime minister Neville Chamberlain found out prior to World War Two, appeasement doesn’t work when dealing with an irrational, power-hungry despot. And it won’t work with Donald Trump.
No way to prove it, but I personally feel the flawed poll results actually boosted MAGA turnout and Trumps's margin.
As usual, Dave, right on target. Trump is nothing but a bully and the DMR has made the right decisions here to challenge the bully. What he's gotten away with in terms of his treatment of the media is appalling. Please keep up the great analysis of why countering him is imperative for the future of free speech in the U.S.