Grounds to Sue

From the New Yorker -

HOW THE FIRST AMENDMENT APPLIES TO TRUMP’S PRESIDENCY
By Lincoln Caplan

While it is unlikely that former President Barack Obama would sue Trump for libel, he very likely has a strong case. The First Amendment scholar Geoffrey Stone wrote in the Chicago Sun-Times that “there seems no doubt that Trump’s statement was false, defamatory, and at the very least made with reckless disregard for the truth.” That is the test for damaging the reputation of a public figure or official: Trump either made his assertions with knowledge of their falsity or with disregard of a high degree of probability that they were false. Obama, Stone is confident, could prove that Trump made his false charge, as the Supreme Court defined the standard, with “actual malice.”

But his charge of McCarthyism against Obama points in a different direction. In 1954, Senator Joseph McCarthy was censured by the Senate, 67–22, for bringing it “into dishonor and disrepute” and obstructing the constitutional process. The scale of the damage that McCarthy did during his four-year witch hunt for communists in the federal government dwarfs what Trump has done so far, in less than two months in office. The nature of what Trump did, however, by accusing his predecessor of an illegal act without providing any support for the charge, amounts to the same offense that the Senate condemned McCarthy for: abuse of power.

http://www.newyorker.com/news/news-desk/how-the-first-amendment-applies-to-trumps-presidency