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May 09, 2019

Donald Trump Scooped the New York Times 13 Years Ago

The New York Times published illegally leaked tax information to prove that which was never disputed: that Donald Trump lost a lot of money in the eighties.

It was so undisputed that Donald Trump talked about it on The Apprentice.

There might be a little legal implication to this. I doubt it, but here's my thought:

Generally, if you publish someone's illegally-leaked tax documents, you can be sued for invasion of privacy.

Now, of course the New York Times would raise the defense of the First Amendment -- but the First Amendment defense swings on whether or not the newsworthiness of the illegally-leaked tax information exceeds the interest in protecting people from invasion of privacy.

As the newsworthiness of the Times' "scoop" diminishes to zero, all that one is left with is a gratuitous conspiracy to receive stolen personal information and intentionally invade privacy, with very little on the public-right-to-know side of the balance.

I don't think Trump would pursue that and even if he did, I still think Hawaiian judges would decide that, For Trump and Only Trump, there are no rules, there are no protections, and it's Thunderdome.

Still, maybe it's worth discussing.

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posted by Ace of Spades at 02:40 PM

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