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Trump’s $1-billion lawsuit threat casts shadow over the BBC, but it could also be a bluff

President Trump’s threat to bring a billion-dollar lawsuit against the BBC has cast a shadow over the British broadcaster’s future, but it could also be a bluff with little legal merit.

The president’s lawyer sent the threat to the BBC over the way a documentary edited his Jan. 6, 2021, speech before a mob of his followers stormed the U.S. Capitol.

Trump’s history of suing news media companies — sometimes winning multimillion-dollar settlements — is part of a long-running grievance against the industry he describes as “fake news” that has often focused a critical eye on his actions.

But Trump faces fundamental challenges to getting a case to court, never mind taking it to trial. He would also have to deal with the harsh glare of publicity around his provocative pep talk the day Congress was voting to certify President-elect Joe Biden’s victory in the 2020 election that Trump falsely alleged was stolen from him.

“If he sues, he opens a Pandora’s box and inside is every damning quote he’s ever uttered about the ‘steal,’” said attorney Mark Stephens, an international media lawyer who practices in the U.S. and U.K.

The BBC documentary

The BBC’s “Panorama” series aired the hourlong documentary titled “Trump: A Second Chance?” days before the 2024 U.S. presidential election.

The third-party production company that made the film spliced together three quotes from two sections of the 2021 speech, delivered almost an hour apart, into what appeared to be one quote in which Trump urged supporters to march with him and “fight like hell.” Among the parts cut out was a section where Trump said he wanted supporters to demonstrate peacefully.

BBC Chairman Samir Shah apologized Monday for the misleading edit that he said gave “the impression of a direct call for violent action.”

Director-General Tim Davie and news chief Deborah Turness quit Sunday over accusations of bias and misleading editing.

From letter to lawsuit

A lawsuit in England is unlikely because the one-year deadline to bring one expired two weeks ago, experts said. If successful in overcoming that barrier, libel awards in the High Court rarely exceed 100,000 pounds ($132,000), experts said.

Trump could still bring a defamation claim in several U.S. states, and his lawyer cited Florida law in a letter to the BBC.

Filing a lawsuit and demanding money is one thing, but prevailing in court is much different. To succeed, Trump would have to clear many hurdles to get a case before a jury.

Before any of that could happen, Trump faces a more fundamental challenge: The BBC program was not aired in the U.S., and the BBC’s streaming service is also not available there. Americans could not have thought less of him because of a program they could not watch, Stephens said.

“The other ticklish problem for Trump’s lawyer was that Trump’s reputation was already pretty battered after Jan. 6,” he said. “Alleging ‘Panorama’ caused additional harm when your reputation is already in tatters … is a tough sell.”

Trump was impeached on a charge of inciting insurrection over the Jan. 6, 2021, attack on the Capitol by some of his supporters, though he was acquitted by the Senate.

The demands

Trump’s lawyer Alejandro Brito threatened the BBC with a defamation lawsuit for “no less than” $1 billion. The letter spelled out the figure and used all nine zeros in numeric form.

The letter demanded an apology to the president and a “full and fair” retraction of the documentary along with other “false, defamatory, disparaging, misleading or inflammatory statements” about Trump.

It also said the president should be “appropriately” compensated for “overwhelming financial and reputational harm.”

The letter cites Florida’s defamation statute that requires a letter be sent to news organizations five days before any lawsuit can be filed.

If the BBC does not comply with the demands by 5 p.m. EST Friday, then Trump will enforce his legal rights, the letter said.

“The BBC is on notice,” it said.

While many legal experts have dismissed the president’s claims against the media as having little chance of success, he has won some lucrative settlements against U.S. media companies.

In July, Paramount, which owns CBS, agreed to pay $16 million to settle a lawsuit filed by Trump over a “ 60 Minutes” interview with former Vice President Kamala Harris. Trump alleged that the interview was edited to enhance how Harris, the Democratic nominee for president in 2024, sounded.

That settlement came as the Trump-appointed head of the Federal Communications Commission launched an investigation that threatened to complicate Paramount’s need for administration approval to merge with Skydance Media.

Last year, ABC News said it would pay $15 million to settle a defamation lawsuit over anchor George Stephanopoulos ’ inaccurate on-air assertion that the president-elect had been found civilly liable for raping writer E. Jean Carroll. A jury found that he was liable for sexually abusing her. Trump asked the Supreme Court on Monday to throw out that jury’s finding.

Litigation threat could leverage payout

London lawyer David Allen Green dismissed the litigation letter for failing to spell out any actual harm Trump suffered. But he said Trump’s willingness to use lawsuits as a form of deal making could leverage a payout because the edit was indefensible.

“Putting aside the theatrics of a bombastic letter with its senseless $1 billion claim, there is a power play here which Trump has done many times before,” Green said on the Law and Policy Blog. “The real mistake of the BBC (and the production company) was opening itself up to such a play of power.”

Stephens said if Trump were somehow to win billions from the BBC, it could crush the news organization that is mostly funded through a fee charged to all television owners in the U.K.

But he said that outcome was unlikely and the broadcaster should stand its ground. He recommended Trump take the public relations win and avoid the damage from revisiting the Jan. 6 events that would be dredged up at trial.

He said Trump was due an apology, which Shah offered, for the BBC not upholding high journalistic standards.

“The question is, ‘Did it cause harm in people’s minds?’” he said. “Because he was elected afterwards, it doesn’t appear it did.”

Melley writes for the Associated Press.

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Dick Cheney’s political legacy is mixed in home state of Wyoming

Political stars often rise and fall but few have had a more dramatic trajectory than Dick Cheney in his home state of Wyoming.

Hours after Cheney died Tuesday at 84, the state lowered flags at the Republican governor’s order. Some politicians in the state offered at times measured praise of the former vice president.

But among a large majority of voters in Wyoming, Cheney has been persona non grata for more than five years now, his reputation brought down amid President Trump’s withering politics.

Trump has criticized Cheney for the drawn-out and costly Iraq war, and his daughter, former Republican Rep. Liz Cheney, for saying Trump should never be allowed back in the White House after the Jan. 6, 2021, attack on the U.S. Capitol.

This resonated with many residents, including Jeanine Stebbing, of Cheyenne, whose last straw was the idea that Trump shouldn’t be reelected.

“There was no open-mindedness. Nothing about how, ‘We understand that our neighbors here are supportive of Trump.’ Just the idea that we were all stupid, is what it felt like,” Stebbing said Tuesday.

The final blow for the Cheney family in Wyoming came in 2022, when Trump supported ranching attorney Harriet Hageman to oppose Liz Cheney for a fourth term as the state’s U.S. representative.

Hageman got two-thirds of the vote in the Republican primary, a decisive win in a state with so few Democrats that the general election is considered inconsequential for major races.

Trump’s biggest gripe, ultimately, was that Liz Cheney voted to impeach him, then co-led the congressional investigation into his role in the attack. In Wyoming, a prevailing belief was Liz Cheney seemed more focused on taking down Trump than on representing the state.

“I was very disappointed that, you know, somebody who came from this state would be so adamantly blind to anything other than what she wanted to do. And he joined in as well,” Stebbing said.

Not even Dick Cheney’s endorsement of his daughter over Hageman — and of Kamala Harris over Trump last year — made a difference, as Trump’s appeal in Wyoming only grew. Trump won Wyoming by more than any other state in 2016, 2020 and 2024, the year of his biggest margin in the state.

Some expressed sadness that George W. Bush’s vice president would not be remembered well by so many in the state.

“On the 16th anniversary of my own father’s death today, I can appreciate a father who stood by his daughter, which he did loyally and truthfully,” said Republican state Sen. Tara Nethercott, who is Senate majority floor leader. “He stood by his daughter during those difficult times.”

Nethercott wouldn’t speculate if Liz Cheney might yet have a political future. Wyoming’s support of Trump “speaks volumes,” she said.

Liz Cheney has continued to live in Jackson Hole, near her parents, while traveling back and forth to Charlottesville to teach at the University of Virginia Center for Politics.

For Brian Farmer — who, like Dick Cheney, grew up in Casper and went to the University of Wyoming — Cheney’s legacy will be his service to the state, no matter where people stand on issues.

“He was always somebody whose path I looked at, sought to follow. Very quiet, soft-spoken at times, Very bombastic and loud at others,” said Farmer, executive director of the Wyoming School Boards Association.

Cheney had a 30-year career in politics, from serving as President Gerald Ford’s young chief of staff to representing Wyoming in Congress in the 1980s. He rose to a top GOP leadership role in Congress — one his daughter, too, would later fill — before being named President George H.W. Bush’s defense secretary.

After his time in office, the CEO of oilfield services company Halliburton kept active in state politics, voicing support and even stumping for Republican candidates.

And yet Cheney was so low-key and unassuming, his mere presence was the whole point — not the nice things he had to say, for example, about former Gov. Jim Geringer, who handily won reelection in 1998.

“You talk about people walking into a room and commanding it. That man did it without even speaking a word,” said state Rep. Landon Brown, a Cheyenne Republican who met him several times including at University of Wyoming football games.

“He’s going to be sincerely missed in this state,” he said. “Maybe not by everybody.”

Gruver writes for the Associated Press.

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