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I am not sure this is going to be looked at this way by a jury or judge in the case of a summary judgement. I think the operational word here is purporting.
""Purport" focuses on the substance or essence of a legal document, rather than its literal wording. "
Was he saying something meant to be considered factual in an attempt to defame. I think most reasonable people would agree with this statement.
Also, you must consider this will be a civil trial not a criminal one. The don't need to prove mens rea here so instead of beyond a shadow it is what side is more believable.
On a personal level, I find it disturbing that for one, an aid to the POTUS talks to the media to begin with. Two, that this aid likes to freak the fuck out and make an ass of himself on national broadcast media. Three, that he is clearly a Neo-Nazi.
Any one of these things would have prevented someone from being part of our government in the past...yet here we are discussing whether or not he is defaming. Just seems odd.
Haha, no. Nobody's going to think that hurling insults is meant to be factual statements. Find me any defamation case where insults were considered to be factual statements and someone was found liable for defamation.
Sure, Stephen Miller is an awful gremlin, and it's if the presidency had any dignity, sending out someone like that as a spokesman would destroy it. But, Trump's white house has done away with integrity, dignity, even good manners.
Still, it's insults, insults aren't defamation, they're opinion not fact.
You ignore the fact that it is a senior adviser to the President. His words have a lot of weight to them and he is definitely setting himself up to be sued. Why these people are so stupid is beyond me
He also accused them of a crime. Hardly just a run of the mill insult. Accusing someone of a crime of moral turpitude when in a position of authority is a criminal act in some jurisdictions.
You really lose that it doesn't matter what the fuck I say when you are in a position like he is. But he don't care and so far not enough people do I guess. It is past time for the other two branches to check these clowns.
Of course I do, because that's not relevant.
No he didn't.
What you say when I'm in a position? WTF are you talking about.
It is very relevant, you can't even consider what he says without the context of who he is and his position.
He definitely accused them of aiding and abetting murderers and rapists.
The last bit was in reference to the fact that when you are a senior official you can't just say whatever the fuck you want without consequences.
I am going to go ahead and block you because I don't really care for the whole devil's advocate bullshit and you seem pretty unhinged to begin with.
You're going to block me because you know your argument is wrong and don't want to risk being exposed further.