CBS filed a motion Friday to dismiss President-elect Donald Trump's lawsuit over the editing of Vice President Kamala Harris' interview on "60 Minutes."
"Whether viewed through the lens of standing, statutory construction, or the First Amendment, President Trump's claim does not withstand scrutiny, and most certainly fails under the heightened pleading standard of Rule 9(b) applicable to DTPA [Deceptive Trade Practices Act] claims," the network's attorneys wrote in the 33-page motion filed in U.S. District Court for the Northern District of Texas in Amarillo.
CBS News was criticized for editing out Harris' "epic word salad" answer — as the Trump campaign called it — about Israel in her interview that aired Oct. 7, the one-year anniversary of Iranian-backed Hamas' terrorist attack in southern Israel. The night before, "60 Minutes" teased a clip with Harris talking about the U.S.' lack of influence over Israel and Prime Minister Benjamin Netanyahu.
"The work that we have done has resulted in a number of movements in that region by Israel that were very much prompted by or a result of many things, including our advocacy for what needs to happen in the region," Harris told Bill Whitaker in the clip. But when her interviewed aired, Harris' response was edited to: "We are not going to stop pursuing what is necessary for the United States to be clear about where we stand on the need for this war to end."
Trump filed a $10 billion lawsuit Oct. 31 in the waning days of the presidential campaign, claiming Harris' interview had been deceptively edited to make her appear "coherent and decisive." Trump sued under the Texas consumer fraud statute, with his attorneys arguing that as a "consumer" of CBS' broadcast services, Trump and millions of others were deceived and misled by Harris' interview.
"The First Amendment prevents holding CBS liable for editorial judgments the President may not like," CBS' attorneys wrote. "While President Trump may wish to stretch the DTPA to reach journalism he disagrees with, 'the scope of free speech protection does not depend on the legal theory asserted by an inventive plaintiff.'"
Trump's attorneys, Edward Paltzik, Dan Epstein, and Chris Parker, filed the complaint in Amarillo, where a Trump-appointed judge would automatically take up the case, the Washington Examiner reported Friday. The move prompted accusations of judge shopping.
Newsmax reached out to a Trump spokesperson for comment.
Michael Katz ✉
Michael Katz is a Newsmax reporter with more than 30 years of experience reporting and editing on news, culture, and politics.
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