Judge Tosses Trump’s WSJ Lawsuit Over Epstein Birthday Card (w/ Elliot Williams)

In this episode of The Bulwark, host Sarah Longwell and guest Elliot Williams discuss the recent dismissal of Donald Trump's defamation lawsuit against the Wall Street Journal over the publication of a controversial birthday card from Jeffrey Epstein. The judge ruled that the Wall Street Journal did not act with 'actual malice'—a high legal standard—because they made extensive efforts to verify the card's authenticity, including contacting Trump, the FBI, and the Justice Department. Williams emphasizes that public figures like Trump face a higher burden in defamation cases, and the lawsuit is part of a broader pattern of Trump using litigation to intimidate the press and chill investigative journalism. The episode also explores the chilling effect of such lawsuits, referencing high-profile cases against the New York Times, the Des Moines Register, and pollster Ann Selzer. Longwell and Williams reflect on the erosion of trust in democratic institutions, drawing parallels to Hungary’s Orban regime and warning of the dangers of normalizing election denialism. The conversation closes with a discussion of the Trump DOJ’s targeting of former White House aides like Cassidy Hutchinson and Sarah Matthews, highlighting the ongoing threat to accountability and free expression. Key takeaways include: 1) The legal standard for defamation against public figures requires proof of 'actual malice,' which was not met in the WSJ case; 2) Trump’s repeated lawsuits against the media serve as a strategic tool to intimidate and silence critical reporting; 3) The targeting of journalists and whistleblowers like Hutchinson and Matthews signals a broader assault on democratic accountability; 4) The U.S. still has functional democratic institutions, but they are under sustained pressure; 5) Vigilance is essential to prevent the normalization of authoritarian tactics in American politics.