
I have long-criticized President Donald Trump for his tweets suggestions that MSNBC Joe Scarborough murdered a former aide when he was a Republican congressman two decades ago and suggested on Twitter that the two had an “affair.” The tweets are cruel for the family of Lori Klausutis but make scurrilous unproven allegations against Scarborough. Scarborough is saying that he may now sue Trump for defamation. The problem remains that Scarborough is a public figure and, as such, is subject to a high burden for defamation. What is most striking however is what Scarborough said his lawyers told him about suing earlier. The “best lawyer in New York” and the “best lawyer in New York” told him that he could not sue a sitting president. That is clearly untrue.