You may or may not know that Donald Trump’s lawyers sent a letter to the NYTimes requesting them to issue an “immediate retraction and apology” for the article Two Women Say Donald Trump Touched Them Inappropriately. The Times’ response, from its lawyer David E. McCraw, is here. In closing the letter states:
If [Mr. Trump] believes that American citizens had no right to hear what these women had to say and that the law of this country forces us and those who would dare criticize him to stand silent or be punished, we welcome the opportunity to have a court set him straight.
Presuming that litigation results, is this one of the 2% of cases that should go to trial? Or, would it be best for the case to settle? What criteria should we use to make that determination?
hat tip – Prawfsblog