TextSearch

“Dershowitz argues [that] CNN presented an official proceeding in a misleading manner and the fair report privilege does not apply. The Court agrees.”

Federal Court: CNN Misled Viewers About Alan Dershowitz Skip to main content Watch Live On Demand Home Page Live Watch Live: Law & Crime Network WATCH LIVE: Georgia mother stands trial in cold case death of 6-year-old boyRapper who went viral for courtroom mask after spitting on a lawyer faces trial in three 2016 murders following years of wild outburstsWATCH LIVE: Woman on trial for allegedly killing man in failed citizen’s arrestWATCH LIVE: Young Thug YSL racketeering trial9 Shocking Times Defendants Testified at TrialView All Live Trials Where to Watch TV Schedule Bodycam Videos Shows Justice Rules Vanished Trial File Buried with Love Prime Crime Jail Cops Reloaded Law&Crime Productions Hosts Podcasts Shop Book Club Subscribe Watch Live On Demand Home Page Live Watch Live: Law & Crime Network WATCH LIVE: Georgia mother stands trial in cold case death of 6-year-old boyRapper who went viral for courtroom mask after spitting on a lawyer faces trial in three 2016 murders following years of wild outburstsWATCH LIVE: Woman on trial for allegedly killing man in failed citizen’s arrestWATCH LIVE: Young Thug YSL racketeering trial9 Shocking Times Defendants Testified at TrialView All Live Trials Where to Watch TV Schedule Bodycam Videos Shows Justice Rules Vanished Trial File Buried with Love Prime Crime Jail Cops Reloaded Law&Crime Productions Hosts Podcasts Shop Book Club Subscribe Couple allegedly beat infant to death so badly officers ‘couldn’t even look’ at police chief in the face when describing injuries ‘It takes a cold-hearted person’: Florida woman fatally poisons neighbor’s cats, pregnant Chihuahua with ‘special seasoning,’ police say Judge dismisses murder charge against ‘on and off’ girlfriend who shot professional bull rider to death Oral surgeon who injected sleeping girlfriend with ketamine sentenced to decades in prison Arrest made in murder of high school football player who went missing on eve of championship game Alan Dershowitz Secures Major Procedural Victory Against CNN in Defamation Lawsuit Colin KalmbacherMay 25th, 2021, 7:51 pm 57 comments Share Twitter share button copy link Harvard Law professor emeritus Alan Dershowitz on Tuesday secured a significant procedural victory in federal court against CNN as part of his ongoing defamation lawsuit against the network. CNN’s attorneys filed a motion to dismiss the $300 million lawsuit for failure to state a claim last November. The U.S. District Court for the Southern District of Florida was not convinced, and the parties will now move on to the discovery phase of proceedings. “Looking forward to deposing the commentators and heads of CNN and of the truth coming out,” Dershowitz told Law&Crime in an email. The famed celebrity attorney sued the liberal media outlet last September after CNN aired an edited clip of his defense argument in favor of then-president Donald Trump during the latter’s 2020 Senate impeachment trial over the Ukraine phone call affair. “The only thing that would make a quid pro quo unlawful is if the ‘quo’ were in some way illegal,” Dershowitz said in response to a question from Sen. Ted Cruz (R-Tex.). “Every public official that I know believes that his election is in the public interest, and mostly you’re right–your election is in the public interest,” Dershowitz continued after discussing possible motives. “And if a president does something which he believes will help him get elected—in the public interest—that cannot be the kind of quid pro quo that results in impeachment.” CNN, however, only aired the final segment of Dershowitz’s defense which discussed the “public interest” motive. The broadcast did not provide the portion about what Dershowitz believed would make a quid pro quo illegal. Dershowitz, through his attorneys, argued that CNN’s editing of his defense and the ensuing conversation on the network resulted in an intentionally “misleading” narrative that caused the cable news network’s viewers to question his stature as an elite thinker. The original petition details that coverage [emphasis in original]: Following the airing of that clip over and over again, the hosts, together with their panel guests, including CNN employees and paid commentators, exploded into a one-sided and false narrative that Professor Dershowitz believes and argued that as long as the President believes his reelection is in the public interest, that he could do anything at all – including illegal acts – and be immune from impeachment. The very notion of that was preposterous and foolish on its face, and that was the point: to falsely paint Professor Dershowitz as a constitutional scholar and intellectual who had lost his mind. “Professor Dershowitz expressly stated that a president could be impeached and removed from office if what he did was ‘somehow illegal,’ regardless of his motive to be reelected,” the lawsuit argued in another section. In a 22-page ruling, U.S. District Judge Raag Singhal agreed with Dershowitz about the misleading nature of CNN’s chosen clip. “CNN presented an abridgment of Dershowitz’ answer to Senator Cruz’ question,” Singhal wrote. “The abridgment is not accurate, to the extent that it omitted a crucial qualification: that an illegal motive for a quid pro quo would be corrupt. As a result, the commentators’ statements – that Dershowitz believes a President can do anything, even commit crimes if it would help his re-election – are not based upon a fair and accurate summary of Dershowitz’ statement to the Senate.” The network moved to dismiss Dershowitz’s claim based on the fair reporting privilege. While the court acknowledged CNN’s arguments that “editors and publishers have great discretion to determine what information to publish” and that “the media has no obligation to present additional information that would present a subject in a better light,” Judge Singhal said the network didn’t actually report Dershowitz’s statements fairly and accurately. “Dershowitz alleges that if the entire clip had been played, no panel guest would have been able to credibly make that statement,” the court noted. “Thus, Dershowitz argues, CNN presented an official proceeding in a misleading manner and the fair report privilege does not apply. The Court agrees.” The opinion goes on to explain at length: CNN argues that Dershowitz’ response to Senator Cruz’ statement was ambiguous and that CNN was reasonable in its belief that Dershowitz argued “that presidents cannot be impeached for actions taken to win an election if the President believes his own victory would be in the public interest, regardless of the legality of those actions.” That is an argument that CNN may present to a jury. But because the broadcasts did not present a fair and accurate abridgment of Dershowitz’ remarks, CNN cannot avail itself of the fair report privilege. [ . . . ] [T]he CNN broadcast segments set forth in Dershowitz’ Complaint were focused specifically on Dershowitz’ comments to the Senate and, as presented on air, changed the gist of what Dershowitz said. For the fair report privilege to apply a defendant must have “presented a fair and accurate report of the source documents.” The CNN broadcasts do not meet that standard. Notably, Dershowitz also convinced the court to maintain his claim that CNN acted with actual malice, a legal term of art necessary for defamation claims filed by individuals already in the public eye at the time of the allegedly defamatory statements. “Dershowitz has adequately pleaded actual malice to survive the Motion to Dismiss,” the court noted. “Whether the evidence adduced will ultimately satisfy Dershowitz’ burden of proving actual malice by clear and convincing evidence remains to be seen. But he has alleged enough to go forward.” Law&Crime reached out to CNN’s lead attorneys defending the network in the defamation case, but no response was forthcoming at the time of publication.ClosePowered By 10111.3K 7‘You’re a Pedophile’: Woman Screams, Threatens Police After Boyfriend Smashes Her CarShareNextStay Read the full court order below: [image via Sarah Silbiger/Getty Images] Have a tip we should know? [email protected] Filed Under: Alan DershowitzCNNdefamationlibel Follow Law&Crime: G4 By GolpaNew and Permanent Teeth in 24 Hours - Life Changing!Over 15,000 people can’t be wrong! Every day, G4 by Golpa restores smiles and transforms people’s lives. That’s why we’re so proud of our dental implant solution. Our patients rediscover themselves in ways that go far beyond a beautiful smile.G4 By Golpa|SponsoredSponsoredUndoCoupon Code FinderAmazon Hates When You Do This, But They Can’t Stop You (It's Genius)This simple trick can save tons of money on Amazon, but most Prime members are ignoring it.Coupon Code Finder|SponsoredSponsoredUndoSmart Security TipsMost Windows Users Didn’t Know They Can Block Ads (Do It Now)Chrome users can now block all ads and speed up their browsing; not only will you reduce your data usage but also protect against malicious links. It's now easier than ever!Smart Security Tips|SponsoredSponsoredUndoTheWalletGuruPeople Born 1941-1971 Are Due a Large SurpriseSeniors at Dallas Should Claim These BenefitsTheWalletGuru|SponsoredSponsoredUndoHealthy GuruCardiologist Share Morning Tip for Quick Weight LossTry it nowHealthy Guru|SponsoredSponsoredUndo Previous PostNext Post Previous PostNext Post Please enable JavaScript to view the comments powered by Disqus. Top of Today 'The prosecutors suddenly forgot their histrionics': Trump urges Jan. 6 judge to force Jack Smith and two lawyers to explain why they shouldn't be held in contempt Man allegedly drove over ex-girlfriend's head in gas station parking lot after she started a rumor that made it difficult for him to find a new woman to date Hospital that medically kidnapped Maya Kowalski loses motion for new trial over juror allegations Topgolf dishwasher charged with murder after allegedly firing at least 12 shots at co-workers in mystifying rampage, killing one, and laughing as he made his getaway Feds seek max jail sentence for Trump supporter targeted by 'false flag' conspiracy theory that he was an FBI plant Tips Have a tip or story idea? Email us. Or to keep it anonymous, click here. You may also like: Court affirms pastor’s massive $2.1 million defamation verdict against ex-wife who repeatedly said he was a pedophile Elura NanosDec 29th, 2023, 12:48 pm ‘Not a bad day for the First Amendment’: Formerly anonymous police officer accused of being a ‘white supremacist’ loses defamation lawsuit against activists Colin KalmbacherDec 27th, 2023, 7:22 pm Biden removes Rudy Giuliani’s ‘Russian pawn’ defamation lawsuit to federal court, points out one sued defendant ‘no longer exists’ and hasn’t for years Matt NahamDec 22nd, 2023, 10:30 am Judge orders ‘unwilling and uncooperative’ Rudy Giuliani to ‘immediately’ pay $148 million to defamed election workers Brandi BuchmanDec 21st, 2023, 9:54 am Updated Dec 21st, 2023, 1:33 pm ‘Summarily denied’: Judge completely rejects Kari Lake’s attempt to throw out election official’s defamation lawsuit over her claims of ‘illegal’ and ‘misconfigured ballots’ Matt NahamDec 20th, 2023, 3:05 pm ‘Beyond all possible bounds of decency’: Rudy Giuliani hit with new lawsuit for defaming election workers even after $148 million award Brandi BuchmanDec 18th, 2023, 4:45 pm © 2024 LawNewz About Us Advertise Newsletter Privacy Accessibility User Agreement Ethics & Diversity Policy Contact Dan Abrams, Founder Skip to main content Watch Live On Demand Home Page Live Watch Live: Law & Crime Network WATCH LIVE: Georgia mother stands trial in cold case death of 6-year-old boyRapper who went viral for courtroom mask after spitting on a lawyer faces trial in three 2016 murders following years of wild outburstsWATCH LIVE: Woman on trial for allegedly killing man in failed citizen’s arrestWATCH LIVE: Young Thug YSL racketeering trial9 Shocking Times Defendants Testified at TrialView All Live Trials Where to Watch TV Schedule Bodycam Videos Shows Justice Rules Vanished Trial File Buried with Love Prime Crime Jail Cops Reloaded Law&Crime Productions Hosts Podcasts Shop Book Club Subscribe Watch Live On Demand Home Page Live Watch Live: Law & Crime Network WATCH LIVE: Georgia mother stands trial in cold case death of 6-year-old boyRapper who went viral for courtroom mask after spitting on a lawyer faces trial in three 2016 murders following years of wild outburstsWATCH LIVE: Woman on trial for allegedly killing man in failed citizen’s arrestWATCH LIVE: Young Thug YSL racketeering trial9 Shocking Times Defendants Testified at TrialView All Live Trials Where to Watch TV Schedule Bodycam Videos Shows Justice Rules Vanished Trial File Buried with Love Prime Crime Jail Cops Reloaded Law&Crime Productions Hosts Podcasts Shop Book Club Subscribe Keep on reading Man murdered his mother over an argument about vodka and then took his sister to see the bodyIn November 2023, Kyle L. Romey, 44, was convicted on one count of murder in the first degree for the October 2021 slaying of Denyce Breit, 67, at her home.Law and Crime Group 3 Undo Ex-judge who killed district attorney and wife wants new death penalty trialEx- justice of the peace Eric Williams wants a new death penalty trial for the murders of Texas DA Mike McLelland, his wife Cynthia and prosecutor Mark Hasse.Law and Crime Group 3 Undo 3 arrested for allegedly kidnapping 11-year-old girl and taking her across several statesZachary Delozier, 27, Sara Gaudino, 23, and Isaiah Schryvers, 24, stand accused of one count each of kidnapping a minor, according to Wisconsin police.Law and Crime Group 3 Undo Bodycam video shows cop fatally shooting armed woman, 63, who set sister's house on fireA LAPD officer shot 63-year-old Lisa Davis to death after she pointed a gun at him, body camera footage shows. Davis allegedly set her sister's house on fire.Law and Crime Group 3 Undo ' ' ' ' ' ' Abrams MediaThis whiskey club has people turning their heads thanks to its unique approachThe Whiskey Raiders Bottle of the Month Club sends each of its subscribers a highly rated bottle every month.Abrams MediaUndoG4 By GolpaNew and Permanent Teeth in 24 Hours - Life Changing!Over 15,000 people can’t be wrong! Every day, G4 by Golpa restores smiles and transforms people’s lives. That’s why we’re so proud of our dental implant solution. Our patients rediscover themselves in ways that go far beyond a beautiful smile.G4 By Golpa|SponsoredSponsoredUndoCoupon Code FinderAmazon Hates When You Do This, But They Can’t Stop You (It's Genius)This simple trick can save tons of money on Amazon, but most Prime members are ignoring it.Coupon Code Finder|SponsoredSponsoredUndo'She slammed my child over and over': Day care worker allegedly filmed abusing multiple infantsNicole Cabrera was arrested in Georgia after she was allegedly caught on surveillance footage physically abusing multiple infants under her care.Law and CrimeUndoBarely an ounce of water in starved, kidnapped toddler's stomach; father charged with murderRodney McWeay is charged with the murder and neglect of his 4-year-old daughter in Atlanta, Georgia, after police say he abused her and two of her siblings.Law and CrimeUndo'I don't have words right now': Neighbors stunned as 4 bodies found in home on New Year's DayStunned neighbors in Orange, Texas, awoke to the news on New Year's Day that four people were found dead in a home, each of them shot and killed.Law and CrimeUndoHotheaded Chicago firefighter fueled by road rage shot man in 'mouth' after NYE collision: CopsOmotayo Kassim, a four-year member of the Chicago Fire Department, is accused of shooting a man in the face on New Year's Eve in a suspected road rage incident.Law and CrimeUndoWoman restrained and beat man to death using 'bar of soap that had been placed into a sock'Heather Watson was sentenced to prison for killing a disabled man, beating him with soap in a sock and waterboarding him before leaving the victim for dead.Law and CrimeUndoAdam Montgomery doesn't want jurors to know about what he allegedly bought at Home DepotAdam Montgomery stands accused of murder for allegedly causing the death of Harmony Montgomery “by repeatedly striking" her "in the head with a closed fist."UndoProud Boy who went on the run, allegedly faked overdose to evade Jan. 6 sentence, gets 10 yearsFlorida Proud Boy Christopher Worrell was sentenced to 10 years in prison months after he went on the run to evade sentencing and allegedly faked an overdose.UndoTopgolf dishwasher allegedly laughed after murdering his co-worker in a hail of bulletsVictor Salazar-Guarache, 26, stands accused of murder in the first degree, attempted first-degree murder, and a sentence enhancer for a crime of violence.Law and CrimeUndoMom may avoid prison after admitting to stuffing dead son in home garbage can for 8 monthsSushi M. Staples admitted to stuffing her dead 10-year-old son into a trash can behind her Illinois home where the boy's body remained for 8 months.Law and CrimeUndo ✕Do not sell or share my personal information.You have chosen to opt-out of the sale or sharing of your information from this site and any of its affiliates. To opt back in please click the "Customize my ad experience" link. This site collects information through the use of cookies and other tracking tools. Cookies and these tools do not contain any information that personally identifies a user, but personal information that would be stored about you may be linked to the information stored in and obtained from them. This information would be used and shared for Analytics, Ad Serving, Interest Based Advertising, among other purposes. For more information please visit this site's Privacy Policy.CANCELCONTINUE×Information from your device can be used to personalize your ad experience. Do not sell or share my personal information.