The Potential for Trump to Sue Judge Engoron: A Risky Libel or Defamation Action?

Given Judge Engoron's recent remarks in Trump's New York fraud trial, many are speculating whether Donald Trump might consider legal action against the judge. Judge Engoron wrote, “Their complete lack of contrition and remorse borders on pathological.” This statement has sparked widespread debate, with some speculating that Trump might sue Judge Engoron. However, the reality is that such action would be highly complicated and risky.

Tracy Vinson, a legal expert, notes that there is a catch-22 involved. If Trump were to prove that he was remorseful and contrite, he would first have to admit to pervasive fraud and perjury. However, these admissions would be contradictory to the very defense he uses, which is asserting his innocence and lack of contrition.

The Legal Landscape: Perjury and Remorse

Perjury is the act of making false statements under oath, which can be charged as a serious crime. If Trump were to admit to perjury as part of a legal action, his defense would be severely weakened. Additionally, proving remorse and contrition would be nearly impossible given the defendant's public stance and behavior.

Tracing the Path to Legal Action

Should Trump decide to sue Judge Engoron, the legal process would involve several key steps. First, Trump would need to formally file a legal complaint. The nature of the claim against Judge Engoron would be libel, not just defamation, as the statement was written in a publication rather than spoken verbally. Libel is a written statement that can be proven to be false and that harms an individual's reputation.

The legal context of such an action is complex, with a right to free speech and the necessity for clear proof of harm. The judge’s statements, even if highly critical, might be protected under free speech guidelines. Proving that the statements caused specific and quantifiable harm would be a significant obstacle.

The Jumping Off Point for Discovery

The discovery process in such a lawsuit would be highly revealing. Key points of interest would include:

Documents related to the fraud trial Correspondence and communications between Trump and his defense team Any potential evidence of Trump's behavior and statements

Judge Engoron, a key figure in the case, would love to peel away the secrets that Trump has kept hidden. Discovery could paint a picture of Trump's actions and the context in which Engoron made his statements. This would not only serve as a point of leverage but also potentially uncover new evidence or contradictions in Trump's defense.

The Unlikely Path Forward

Tracy Vinson concludes that it's highly unlikely that Trump will start a lawsuit in which he would have to prove he was contrite. Given his inability to display genuine contrition and remorse, any such action would be fraught with complications and risks. It would be a double-edged sword where both sides stand to lose.

Why take the risk when the evidence against him already presents significant challenges? The potential legal and public relations fallout from such an action could be severe. Therefore, unless new, compelling evidence emerges necessitating legal action, it is more likely that Trump will continue to navigate the waters of public perception and legal defense without initiating a lawsuit against Judge Engoron.