The Brian Lehrer Show When DOJ Investigates the President
Sep 19, 2025
Elie Honig, a senior legal analyst at CNN and former prosecutor, dives into the intricate world of Department of Justice investigations into presidents. He discusses the legal challenges of Trump's defamation lawsuits and the nuances of First Amendment rights. Honig also highlights the use of litigation as a political tool, the intense scrutiny faced by special counsels, and the historical context of special counsel rules. His insights shed light on the potential implications for Trump's future and the evolving landscape of political accountability.
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From Lawsuits To Government Pressure
- Donald Trump shifts from defamation suits to using government levers like FCC and DOJ approval powers to pressure media.
- That strategy raises distinct First Amendment coercion concerns when government signals 'or else.'
Why Defamation Suits Fail For Public Figures
- Defamation is hard for public figures because the Supreme Court requires falsity plus actual malice.
- 'Actual malice' means the publisher knew the statement was false or acted with reckless disregard for the truth.
How To Prove Government Coercion
- To mount a clean First Amendment claim you need a media entity to resist government coercion and be subject to official action.
- Without a corporate defendant willing to say 'we refused' there's no straightforward government coercion case to litigate.
