Lawyers Say Trump Would Be 'Laughed Out of Court' in Lawsuit to Block Book
A lawyer for President Donald Trump sent a letter to a publisher Thursday demanding that Michael Wolff's new book on the White House not be published.
January 04, 2018 at 05:10 PM
4 minute read
President Donald Trump has threatened to go to the courts to block the publication of a new book about his White House, but any potential litigation may already be doomed.
Lawyer Charles Harder of Harder Mirell & Abrams sent a “cease and desist” letter to author Michael Wolff and his publisher, Henry Holt Co., Thursday, according to media reports. The letter demanded that the company refrain from publishing Wolff's book, “Fire and Fury,” or face legal action. The publisher said it pushed the release date from Tuesday, Jan. 9, to Friday due to the book's demand.
Harder sent a similar letter Wednesday to Steve Bannon, accusing the former Trump adviser, who's quoted in the book, of defamation and violating his employment contract. In a statement, Harder said legal action was “imminent.”
But several First Amendment lawyers doubt any lawsuits to block the publication of the book, or against Bannon, can go far.
“To call it an empty threat is a significant understatement,” said Theodore Boutrous, a Los Angeles-based partner at Gibson, Dunn & Crutcher and media law expert. “No court in the world would halt that book.”
Excerpts from the book released Wednesday quote Bannon and other top aides as criticizing the president and his family. In a statement, Trump said Bannon had “very little” to do with his 2016 victory.
“When he was fired, he not only lost his job, he lost his mind,” the president said of his former adviser.
Harder did not reply to a request for comment. The Beverly Hills lawyer, who successfully represented Hulk Hogan in his libel suit against Gawker, is known for sending threatening letters and launching high-profile defamation lawsuits. He also sent a letter to New York magazine on behalf of the late Roger Ailes in 2016, though a suit was never filed. Harder also represented Melania Trump in a lawsuit against the Daily Mail, which was settled last year.
Boutrous, who is also involved in the DACA litigation against the administration, said that asking a court to block publication of a book is a request for a prior restraint, which the U.S. Supreme Court has held as unconstitutional except in very narrow circumstances, such as when publishing the information would threaten lives.
The released excerpts from the book, Boutrous said, appear to show personal and political opinions of Wolff and Bannon and others quoted, which fit into categories protected by the First Amendment.
“I think they're going to get laughed out of court if they ask for a prior restraint against the book,” said Charles Tobin, a partner at Ballard Spahr and co-practice leader of the firm's media and entertainment law group. Tobin has represented media companies such as CNN against the Trump administration.
Tobin said, based on the excerpts of the book he had seen, the same would go for a defamation suit against Bannon.
Trump is no stranger to libel and defamation suits, often threatening them in his past life as a private citizen, though he rarely followed through. Recently, however, he's been a defendant in such a case. Last month, a judge heard oral arguments in a case where Summer Zervos argued Trump's public statements that she lied in alleging he groped her amounted to defamation.
The case is still pending, but Trump's lawyers claimed the court could not even hear the case because as president, Trump is immune to civil defamation suits.
If Trump initiates his own defamation lawsuit, the logic in the Zervos case won't hold up, Tobin said.
“He can't claim executive privilege as a defendant and then be free to prosecute his own claim,” Tobin said. “Donald Trump has had a love-hate relationship with the First Amendment.”
Another potential pitfall for Trump in bringing such a case would be the opportunity for the defendants to pursue discovery and take depositions. Still, Tobin doubted such a case would make it past a preliminary motion to dismiss.
Even if Harder never files the lawsuits, Boutrous said the attempt to dissuade Wolff or Henry Holt from publishing the book by sending the letters is undermined by the faulty legal theory they outline.
“It really makes no sense,” Boutrous said. “Even the tactic of trying to chill speech by threatening these lawsuits seems here destined to fail, because the notion of these sorts of lawsuits is so unrealistic in terms of their success. So it's really bizarre strategy.”
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllTrump Administration Faces Legal Challenge Over EO Impacting Federal Workers
3 minute readPrivate Equity Giant KKR Refiles SDNY Countersuit in DOJ Premerger Filing Row
3 minute readQuinn Emanuel Files Countersuit Against DOJ in Row Over Premerger Reporting
3 minute read'Thoughtful Jurist': Maryland US District Senior Judge Messitte Dies After Short Illness
4 minute readTrending Stories
- 1Who Are the Judges Assigned to Challenges to Trump’s Birthright Citizenship Order?
- 2Litigators of the Week: A Directed Verdict Win for Cisco in a West Texas Patent Case
- 3Litigator of the Week Runners-Up and Shout-Outs
- 4Womble Bond Becomes First Firm in UK to Roll Out AI Tool Firmwide
- 5Will a Market Dominated by Small- to Mid-Cap Deals Give Rise to a Dark Horse US Firm in China?
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250