(NEW YORK) — A federal judge has tossed President Donald Trump’s $15 billion defamation lawsuit against The New York Times and Penguin Random House, calling the complaint “decidedly improper and impermissible.”
U.S. District Judge Steven Merryday on Friday struck the complaint and gave the president’s lawyers 28 days to refile their lawsuit.
“A complaint is not a megaphone for public relations or a podium for a passionate oration at a political rally or the functional equivalent of the Hyde Park Speakers’ Corner,” Merryday wrote.
In the lawsuit, which was just filed on Tuesday, Trump’s attorneys alleged that the Times has become a “leading, and unapologetic, purveyor of falsehoods,” arguing that a series of articles about Trump — including a report that Trump’s former chief of staff John Kelly warned the president would rule like a dictator, an article about the making of “The Apprentice,” and a report about the controversy that has followed Trump — amounted to libel.
Judge Merryday, in a blistering four-page ruling, said he was throwing out the suit because it “unmistakably and inexcusably” violates the rules that govern civil lawsuits.
“A complaint is a short, plain, direct statement of allegations of fact sufficient to create a facially plausible claim for relief and sufficient to permit the formulation of an informed response,” he wrote. “Although lawyers receive a modicum of expressive latitude in pleading the claim of a client, the complaint in this action extends far beyond the outer bound of that latitude.”
In tossing the suit because Trump’s complaint was procedurally improper, the judge did not weigh in on the merits of Trump’s defamation claim, giving his lawyers 28 days to refile it in a “professional and dignified manner.”
Merryday, who was appointed by President Geroge H. W. Bush, said the complaint contains eighty pages of repetitive claims and praise for President Trump, but fails to establish the two counts of defamation alleged. He lambasted Trump’s lawyers for forcing him to “labor through” the “superfluous” praise about Trump’s show “The Apprentice,” as well as the size of his real estate empire and the “historic fashion” of Trump’s 2024 presidential victory.
“Even assuming that each allegation in the complaint is true … a complaint remains an improper and impermissible place for the tedious and burdensome aggregation of prospective evidence, for the rehearsal of tendentious arguments, or for the protracted recitation and explanation of legal authority putatively supporting the pleader’s claim for relief,” the judge wrote. “As every lawyer knows (or is presumed to know), a complaint is not a public forum for vituperation and invective — not a protected platform to rage against an adversary.”
Filed in the Middle District of Florida, the lawsuit named The New York Times and Times reporters Peter Baker, Russ Buettner, Susanne Craig, and Michael Schmidt as defendants. The lawsuit also named as a defendant Penguin Random House, the publisher of Craig and Buettner’s book “Lucky Loser: How Donald Trump Squandered His Father’s Fortune and Created the Illusion of Success.”
“Today, the Times is a fullthroated mouthpiece of the Democrat Party. The newspaper’s editorial routine is now one of industrial-scale defamation and libel against political opponents,” the lawsuit claimed.
Trump’s lawyers allege that The New York Times and Penguin Random House sought to not only damage the president’s “hard-earned and world-renowned reputation for business success,” but also hurt his chances of winning the 2024 election.
A New York Times spokesperson said Tuesday that the suit had no merit.
“It lacks any legitimate legal claims and instead is an attempt to stifle and discourage independent reporting,” the Times spokesperson said. “The New York Times will not be deterred by intimidation tactics. We will continue to pursue the facts without fear or favor and stand up for journalists’ First Amendment right to ask questions on behalf of the American people.”
“This is a meritless lawsuit,” said a Penguin Random House spokesperson. “Penguin Random House stands by the book and its authors and will continue to uphold the values of the First Amendment that are fundamental to our role as a book publisher.”
In July, Trump filed a $10 billion lawsuit against The Wall Street Journal after the Journal reported that Trump allegedly sent disgraced financier Jeffery Epstein a bawdy letter in 2003 that was included in a book made for Epstein’s 50th birthday, which Trump has denied.
In response to that suit, a spokesperson for Journal owner Dow Jones said, “We have full confidence in the rigor and accuracy of our reporting, and will vigorously defend against any lawsuit.”
Luigi Mangione appears at a hearing for the murder of UHC CEO Brian Thompson at Manhattan Criminal Court on February 21, 2025 in New York City. (Curtis Means – Pool/Getty Images)
(NEW YORK) — Fast fashion giant Shein is conducting an investigation of its internal processes after using the likeness of Luigi Mangione to model clothing.
The company has since taken down the image of Mangione – who is accused of carrying out the assassination-style killing of UnitedHealthcare CEO Brian Thompson last year – and vowed to review their monitoring processes.
“The image in question was provided by a third-party vendor and was removed immediately upon discovery. We have stringent standards for all listings on our platform. We are conducting a thorough investigation, strengthening our monitoring processes, and will take appropriate action against the vendor in line with our policies,” a Shein spokesperson said in a statement to ABC News.
In an archived page from Shein’s website, an image of Mangione’s likeness was used to advertise a patterned short-sleeve shirt that retailed for about $10.
The exact origin of the image and how long it was used by Chinese e-commerce giant is unclear. A Shein spokesperson said the image was provided by a “third party vendor,” who they plan to take “appropriate action against.”
An analysis of the image conducted by ABC News could not conclusively determine if artificial intelligence was used to generate the image.
Mangione has pleaded not guilty to charges that he murdered Thompson on a Midtown Manhattan Street in December. Prosecutors are seeking the death penalty if Mangione is convicted. His trial date has not been set.
Prosecutors at the United States Attorney’s Office for the Southern District of New York declined to comment about the image.
Martin County Sheriff’s Office / Handout/Anadolu via Getty Images
(NEW YORK) — Jury selection in the case of the man accused of trying to kill Donald Trump on his golf course last year got off to a rocky start Monday morning.
Ryan Routh, who is representing himself despite not being a lawyer and having limited legal experience, was barred by U.S. District Judge Aileen Cannon from asking most of his proposed jury questions due to them being “politically charged” and irrelevant.
According to Cannon, Routh proposed asking jurors about Trump’s proposed acquisition of Greenland and that country’s stance on Palestine. Routh also wanted to ask jurors what they would do if they were driving and they saw a turtle in the middle of the road — a question he suggested could speak to their character and mindset.
“They are all really off base and have no relevance to the jury selection process,” Judge Cannon said of Routh’s proposed questions.
Routh, a 59-year-old construction worker from North Carolina and Hawaii, has pleaded not guilty to five criminal charges that risk sending him to prison for life, including attempting to kill a presidential candidate and possession of a firearm in furtherance of a crime of violence.
He entered the federal courthouse in Fort Pierce, Florida, Monday morning for what is expected to be three days of jury selection followed by a month-long trial.
Attorneys will question three sets of 60 people to settle on twelve jurors and four alternates.
Routh also disclosed Monday that two of his proposed witnesses will likely not be able to testify. One witness has planned a trip to Vietnam during the trial, and the other fears being deported to his home country of Costa Rica if he testifies in Routh’s defense, Routh claimed.
“He doesn’t want to be deported. He likes being in America,” Routh said. Neither the prosecutors nor Judge Cannon addressed the alleged risk of deportation.
Routh has been sitting by himself on the far side of the courtroom, far from the long row of federal prosecutors who intend to send him to prison for life.
Despite lacking any legal training, Routh has spoken confidently in court and defended his proposed questions. But Judge Cannon has so far had little patience for some of his behavior, cutting him off occasionally and reminding him to follow the court’s rules.
Since taking over his own defense, Routh, according to court filings, has requested a “beatdown session” with Trump, asked to compete for his life in a round of golf with the president, and proposed being part of a prisoner swap instead of going to trial.
Judge Cannon — a Trump appointee who oversaw and dismissed one of the president’s criminal cases — is allowing Routh to defend himself but has imposed strict rules to prevent the trial from spiraling into what she called “calculated chaos.”
“I will be representing myself moving forward; It was ridiculous from the outset to consider a random stranger that knows nothing of who I am to speak for me,” Routh wrote in a letter to Judge Cannon in July. “I am so sorry, I know this makes your life harder.”
‘I tried my best’
Prosecutors allege that Routh planned his attack for months, then hid in the bushes of Trump’s Palm Beach golf course with a rifle in the predawn hours of Sept. 15.
With Trump just one hole away from Routh’s position, a Secret Service agent spotted a rifle poking out of the tree line, according to prosecutors. Routh allegedly fled after the agent fired at him, and was later arrested after being stopped on a nearby interstate.
Routh faces five criminal charges, including attempted assassination of a major presidential candidate, using a firearm in furtherance of a crime, assaulting a federal officer, possessing a firearm as a felon, and using a gun with a defaced serial number.
To secure a conviction, prosecutors will need to prove that not only did Routh intend to kill Trump, but that he also took at least one “substantial step” to carry out his plan.
According to prosecutors, Routh set his plan into motion after the unsuccessful attempt on Trump’s life in Butler, Pennsylvania, which Routh was not involved in. Prosecutors say Routh acquired a military-grade rifle, purchased more than a dozen burner phones, and researched Trump’s movements and campaign events.
Prosecutors also allege that Routh tried to purchase anti-aircraft weapons the month before his alleged assassination attempt, coordinating with someone he believed was a Ukrainian with access to military weapons. He allegedly shared a photo of Trump’s private plane, discussed the price of the weapon, and wrote, “I need equipment so that Trump cannot get elected.”
In addition to ammunition and the weapon allegedly used by Routh, which federal agents plan to bring into the courtroom to show the jury, prosecutors plan to use Routh’s own words against him during the trial.
According to court filings, Routh, in the months leading up to the assassination attempt, dropped off a box with a friend that included a note detailing his plans..
“This was an assassination attempt on Donald Trump, but I failed you. I tried my best and gave it all the gumption I could muster. It is up to you now to finish the job; and I will offer $150,000 to whomever can complete the job,” the handwritten letter said. “He [the former president] ended relations with Iran like a child and now the Middle East has unraveled.”
Routh has argued in court filings that prosecutors are misrepresenting the letter by only using a portion of it. and that the entire note is about “gentleness, peacefulness, and non-violent caring for humanity.”
Prosecutors also allege that Routh expressed similar sentiments in a 2023 self-published book, in which he encouraged readers to “assassinate Trump” in part due to his foreign policy with Iran. They also allege that Routh boasted about his alleged crimes in emails from jail.
Prosecutors have disclosed more than 40 potential witnesses and hundreds of exhibits, including forensic evidence allegedly tying Routh to the weapon found at the crime scene.
‘Character is the whole of this entire case’
After being represented by federal defense lawyers for months, Routh dismissed his lawyers earlier this year. Though his former lawyers will be present in court on standby, Routh will address the jury, question witnesses, and participate in the jury selection process.
In handwritten letters from prison while awaiting trial, Routh suggested his defense would center on his character as part of an effort to prove he lacked the intent to kill Trump.
“Character is the whole of this entire case — there is nothing else,” he wrote. “If one argues lack of intent then that totally hinges on character and character alone.”
Judge Cannon has warned Routh against representing himself and threatened to sanction him or revoke his ability to maintain his pro se status if he engages in “vexatious, obstructionist, or obstreperous behavior.”
Routh will wear business attire during the trial and be permitted to use a podium; however, he will not be allowed to roam the courtroom freely.
Prosecutors have expressed concern about Routh’s antics.
Routh’s self-representation has already created issues, according to Judge Cannon, who has sharply rebuked some of his tactics in court filings. She accused Routh of using the Federal Rules of Evidence to create “calculated chaos” and called one of his potential witnesses “a farce to bring about obviously ludicrous and absurd results in a court proceeding.”
Routh’s witness list included two dozen people, including a group of Palestinian activists and professors, his own son, a former girlfriend, and Trump himself.
In one court filing, Routh offered to drop his objections to most of the other evidence disputes if prosecutors allowed him to question Trump, whom he has described as a “mad fool.” He has also requested “female strippers,” asked for a putting green to prepare for a golf match with Trump, and proposed brawling with Trump.
“I think a beatdown session would be more fun and entertaining for everyone; give me shackles and cuffs and let the old fat man give it his worst,” he wrote. “A round of golf with the rascist pig, he wins he can execute me, I win I get his job.”
Routh family told investigators that while Routh had no diagnosed mental illness, he “fixated” on things, multiple sources briefed on the investigation told ABC News.
Judge Cannon has curtailed some of Routh’s potential arguments, including trying to justify his actions, claiming he did not plan to follow through with the alleged assassination, and encouraging the jury to exercise its nullification power. She has also clamped down on his witness list, allowing him to call experts and a few friends who could testify to his character.
‘Appearance of impartiality’
Opening statements in the trial are expected to take place as early as Wednesday afternoon, and the trial is scheduled to take 2-4 weeks.
Judge Cannon has opted to keep the jury anonymous and partially sequester them during the trial, with federal marshals picking up and dropping off the jurors from a confidential location daily.
Routh unsuccessfully tried to have Judge Cannon recuse herself from the case to prevent an “appearance of impartiality” stemming from her association with Trump, who appointed Cannon to her position.
Cannon oversaw the criminal case regarding Trump’s retention of classified documents after leaving the White House 2021, and dismissed the case on a novel legal theory that was widely criticized by legal scholars. Trump has repeatedly commended Judge Cannon’s actions overseeing his case — calling her the “absolute model of what a judge should be” — and one of Cannon’s recent law clerks is now in a senior Department of Justice position.
“Although Mr. Trump is the alleged victim here, he previously served as President of the United States. While in office, he nominated Your Honor to her current position as a U.S. District Judge on the Southern District of Florida. Your Honor thus owes her lifetime appointment to the alleged victim in this criminal case,” Routh’s former lawyers argued, adding that Trump could still nominate her to a higher court.
Judge Cannon denied the request to recuse herself, concluding that Routh could not identity a legal basis that required recusal and pushing back against some of his claims.
“I have never spoken to or met former President Trump except in connection with his required presence at an official judicial proceeding, through counsel. I have no ‘relationship to the alleged victim’ in any reasonable sense of the phrase,” she said.
