Legal experts suggest that ABC News made a prudent decision to settle the defamation lawsuit with Trump to prevent an "embarrassing" discovery process.
'As a sloppy reporter, Stephanopolous would have been heavily criticized, or he could have been labeled a liar.'
According to legal experts, it was "wise" of ABC News to pay $15 million to settle a defamation lawsuit brought by President-elect Donald Trump before lengthy depositions and a potentially damaging discovery process.
Trump sued ABC News and George Stephanopoulos after the anchor repeatedly claimed that he was found "liable for rape" during a heated exchange with Rep. Nancy Mace, R-S.C., earlier this year on his Sunday program "This Week." Despite the fact that a jury actually determined Trump was liable for "sexual abuse," which has a distinct definition under New York law, Stephanopoulos repeated the claim ten times.
On Saturday, a surprising settlement was publicly filed, showing that the two parties had reached an agreement and avoided a costly trial. As part of the settlement, ABC News will make a $15 million charitable contribution to a "Presidential foundation and museum to be established by or for the plaintiff, as presidents of the United States of America have established in the past." Additionally, the network will pay $1 million in Trump's attorney fees.
Law professor and website operator Danny Karon believes ABC News made the right decision, as it is owned by Disney.
"Karon told Planet Chronicle Digital that ABC News was smart to settle for $15 million after being found guilty of defamation for lying about Trump's civil verdict. The longer a case goes on, the greater the stakes become, which often results in larger money damages."
"Because Trump and George Stephanopoulos were scheduled to be deposed this week, it settled now. No one likes to be deposed, whether it's due to discomfort, scheduling, or timing," Karon stated.
An ex-ABC insider informed Planet Chronicle Digital that the network made a wise decision to settle the lawsuit, as the Stephanopoulos emails that would be revealed during discovery were likely to be "very damaging."
ABC News would settle because of the reasons stated by Attorney Andrew Stoltmann.
Stoltmann told Planet Chronicle Digital that they didn't want to reveal their secrets, so they kept it closed like a kimono.
"Stoltmann stated that if there had been a flood of negative emails and messages, it would have been used to support the incoming president's argument that it was biased against him. Additionally, Trump had a strong legal case that he was defamed, despite the common belief that he was found guilty of rape in a civil trial."
After U.S. Magistrate Judge Lisette M. Reid ordered depositions, the settlement was reached, as noted by Planet Chronicle contributor Jonathan Turley, the Shapiro Professor of Public Interest Law at George Washington University.
The discovery was likely to prove more embarrassing for the network than for Trump and could have revealed internal messages on the controversy, according to Turley.
Randall M. Kessler, a trial professor at Emory Law School, concurs with ABC News' decision to avoid the discovery process.
Kessler stated to Planet Chronicle Digital that the settlement prevented both sides from disclosing any damaging documents, communications, texts, emails, recordings, and other evidence that could have been even more detrimental to either side than what is currently known.
Trump indicated on Monday that he would maintain his efforts to hold news outlets responsible, including CBS' "60 Minutes," the Des Moines Register, and the Pulitzer Prize Board, despite the likelihood that any potential lawsuits would not yield significant financial rewards. However, Karon believes that ABC's settlement does not signal a green light for additional defamation claims.
"Johnny Depp v. Amber Heard paved the way for making defamation claims relatable and accessible, not President Trump's case," Karon said.
"The View," a daytime talk show that is known for its opposition to Trump, has often had to read legal notes while discussing Trump's legal issues. A former ABC insider advised the hosts to exercise caution following a lawsuit against one of their colleagues.
Michelle O'Neil, senior shareholder at OWLawyers, believes that ABC News played a crucial role in preserving Stephanopolous' career by resolving the lawsuit.
If the case had continued down the litigation pipeline, Stephanopolous would have been criticized as a careless reporter at best or a liar at worst, through the discovery, deposition, trial, and court of public opinion.
If the case progressed, Trump's lawyers could have investigated whether Stephanopoulos had any malicious intent.
If he had made the claim of 'rape' intentionally knowing it was false, the case would have gone worse for ABC, she said.
Stinar Gould Grieco & Hensley Founding Partner Parker Stinar emphasized the significance of the settlement.
"Words carry significant weight," Stinar told Planet Chronicle Digital.
"The misrepresentation, whether intentional or not, has caused significant financial consequences and harmed ABC's reputation, as Stinar stated. Typically, parties choose settlements to minimize the risk of larger jury verdicts, indicating that Trump effectively utilized his power to obtain a favorable settlement outcome."
Tobe Berkovitz, a Professor Emeritus at Boston University, agreed that ABC did not want discovery to be made.
Berkovitz stated that ABC did not want the American voter viewer to see Stephanopoulos' texts and emails. He believed that it would have been a debacle and that they had to settle rather than have that happen.
Stephanopoulos and ABC News were required to issue statements of "regret" as an editor's note at the bottom of a March 10, 2024, online article, following comments made earlier this year that led to Trump's defamation lawsuit.
ABC News and George Stephanopoulos express regret for their statements about President Donald J. Trump during an interview with Rep. Nancy Mace on ABC's This Week on March 10, 2024.
ABC News previously stated that they were "pleased" about the resolution of the case.
An ABC News spokesperson informed Planet Chronicle Digital that they are pleased with the agreement reached by the parties to dismiss the lawsuit as outlined in the court filing.
ABC News did not immediately respond to a request for additional comment.
This report was contributed to by Gabriel Hays and Brooke Singman from Planet Chronicle Digital.
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