Trump campaign sends cease and desist letter over US super PAC’s attack ad News
White House, Public domain, via Wikimedia Commons
Trump campaign sends cease and desist letter over US super PAC’s attack ad

Donald Trump’s US Presidential Campaign sent a cease and desist letter on Friday to a political action committee known as The Lincoln Project, a self-proclaimed anti-Trump organization of former Republican voters.

The dispute concerns a television advertisement released by the group on Thursday. Lincoln Project members say the Trump campaign was “unprepared” for President Joe Biden’s withdrawal from the 2024 race. The one-minute clip features statements by senior Trump advisors Chris LaCivita, Susan Wiles, and Tony Fabrizio claiming Biden “would never quit.” Each of the officials is also accused of misusing campaign funds and hiding expenditures from Trump himself.

In the letter addressed to the ad’s broadcaster Effectv, Trump Campaign Attorney David Warrington alleges:

The advertisement’s claim … is obviously false. News articles and public statements reflect that the Campaign has long prepared for President Biden’s exit from the race. This falsehood defamatorily slurs the Campaign’s leadership as incompetent, ill suited to their jobs, and wasteful with donors’ money. It harms Mr. LaCivita, Ms. Wiles, and Mr. Fabrizio by degrading their professional reputations, and it harms the campaign by discouraging donors from contributing to it based on lies.

Additionally, Warrington cites the 1997 case Thomas v. Jacksonville Television, Inc. which establishes liability for media entities who publish defamatory materials. A Florida state appellate court held that “a private individual may recover actual damages from a media defendant that published false and defamatory statements without reasonable care to determine their falsity.” Yet according to a Florida statute, a media defendant cannot be held liable unless a plaintiff can prove that the broadcaster “failed to exercise due care.”

The Trump campaign has faced difficulty retaining attorneys for election-related litigation. A 2020 New York Times report revealed that firms that represented the former president often filed meritless lawsuits without sufficient evidence in state and federal courts.

In response to Friday’s letter, The Lincoln Project released another video criticizing the claims of defamation and stated that Trump “will never take us to court.”