General Discussion

Miles Archer

(20,277 posts) Tue Sep 9, 2025, 10:04 AM Sep 9

Elie Honig, CNN, RE Epstein - "We will see depositions of Trump; he's the plaintiff."

I don't believe this for a second. Trump's attorneys will file motions to dismiss, then they will appeal, and they will do what Trump has done with every other legal challenge he's faced...delay, delay, delay.

“And not only do we know it exists, let's remember how we saw this letter. The House subpoenaed it from the Epstein Estate, and that's exactly consistent with the Wall Street Journal's reporting that this letter was sent to Jeffrey Epstein. Turns out it was exactly where one would expect it to be based on the Journal's reporting.”

Following the trove of Epstein files published Monday, Trump’s lawsuit against the Journal has now reached a “crucial moment,” Honig said, and one that, under certain circumstances, could backfire strongly on the president.

“If the motion to dismiss is granted, well then case is over, defendant wins, but if not, then we get into discovery,” Honig said.

“Then the parties have to give each other documents, then we get into under oath depositions, and that could mean – if this survives the motion to dismiss – then we're going to see depositions of Journal personnel, under oath, and certainly we will see depositions of Donald Trump; he's the plaintiff. He absolutely will be put under oath in his own case and examined by lawyers for [the] Journal, if this survives the motion to dismiss. But I think that just got a lot less likely.”

https://www.rawstory.com/jeffrey-epstein-2673974866/

5 replies

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Highlight:

Elie Honig, CNN, RE Epstein - "We will see depositions of Trump; he's the plaintiff." (Original Post) Miles Archer Sep 9 OP

He's the plaintiff so he won't be filing motions to dismiss; he wants the case to continue Ocelot II Sep 9 #1

As a Plaintiff, Trump cannot plead the 5th. ProudMNDemocrat Sep 9 #2

You can plead the 5th in a civil case if you think evidence in the case Ocelot II Sep 9 #4

Well, as soon as I saw Elie Honig I was going to skip on--he's the most overrated network legal pundit hlthe2b Sep 9 #3

WSJ will notice his deposition and he'll try to weasel out of it. Ocelot II Sep 9 #5

Ocelot II

(127,322 posts)

1. He's the plaintiff so he won't be filing motions to dismiss; he wants the case to continue

Reply to Miles Archer (Original post)

Tue Sep 9, 2025, 10:14 AM

Sep 9

until he can extract some money out of WSJ. Anyhow, a plaintiff doesn't have to move for dismissal, he can just withdraw the case voluntarily. Unfortunately for Trump, as Honig pointed out, he is now subject to discovery, which would include the taking of his deposition. If anyone files a motion to dismiss or, more likely, for summary judgment, it will be the defendant WSJ. A plaintiff always has the burden of proving his case by a preponderance of the evidence, and Trump will have to prove by a preponderance of the evidence that WSJ published statements about the note in the birthday book that were false - specifically, that it didn't exist and/or that Trump didn't write or sign it. Since the truth is always a complete defense to a defamation claim, he will have to be able to counter that defense with evidence supporting his claim. How is he supposed to do that? His normal delay tactics don't help him a bit in this case.

ProudMNDemocrat

(20,254 posts)

2. As a Plaintiff, Trump cannot plead the 5th.

Reply to Miles Archer (Original post)

Tue Sep 9, 2025, 10:20 AM

Sep 9

Pleading the 5th is for Defendant as to not incriminate oneself.

The discovery phase is what TACO Don does NOT want exposed. The seedy, tawdry relationship between Jefrey Epstein and Donald Trump will be exposed.

Ocelot II

(127,322 posts)

4. You can plead the 5th in a civil case if you think evidence in the case

Reply to ProudMNDemocrat (Reply #2)

Tue Sep 9, 2025, 10:45 AM

Sep 9

might expose you to criminal prosecution. The difference is that in a civil case an adverse inference can be drawn from your refusal to to testify or to plead the 5th.

hlthe2b

(111,420 posts)

3. Well, as soon as I saw Elie Honig I was going to skip on--he's the most overrated network legal pundit

Reply to Miles Archer (Original post)

Tue Sep 9, 2025, 10:25 AM

Sep 9

in my mind.

But, like a squirrel, he finds a nut now and then... usually below 50:50% of the time.

Trump will not sit for a deposition in this case. He'll extract some face-saving settlement out of WSJ-Murdoch, which will be meaningless. That is an informed prediction and certainly no worse than Honig's "legal assessment."

Ocelot II

(127,322 posts)

5. WSJ will notice his deposition and he'll try to weasel out of it.

Reply to hlthe2b (Reply #3)

Tue Sep 9, 2025, 10:50 AM

Sep 9

I think it's interesting that a president is supposed to be immune from legal processes as a defendant - the notion is that these proceedings distract him from his Very Important Presidential Duties (like golf, ranting on social media and redecorating the Oval Office to look like an 18th-century Parisian whorehouse), but he can sue anybody as a plaintiff as much as he wants and he'll probably use his Important President Duties as an excuse to avoid discovery.

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