Charles Harder Sends Ridiculous Threat Letter To People On Behalf Of Melania Trump

from the do-you-even-know-what-defamation-means? dept

Oh Charles Harder. You just keep supplying more and more fodder for Techdirt stories. You may remember Harder as the lawyer thrust into the public realm after Peter Thiel allegedly bankrolled him to start a new law firm with a focus on taking on any lawsuit that might help bring down Gawker. Having succeeded in bringing down Gawker through dubious lawsuits, Harder has moved on (well, not entirely) to bigger fish, including Roger Ailes and Melania Trump.

And while Donald Trump has been focusing his defamation threats mostly on the NY Times, Melania and Harder have decided to focus on People Magazine. As you probably have heard by now, among the fairly long list of articles that came out on Wednesday and Thursday involving women saying that Donald Trump sexually assaulted (or engaged in other sketchy behavior) was a really disturbing story at People Magazine, where People writer Natasha Stoynoff wrote about Trump pushing her against the wall and kissing her, while she was there to interview both Donald and Melania. In fact, Stoynoff claims that the assault happened during a break in the interview with the couple, while a pregnant Melania had gone upstairs to change.

Some people had been asking how Melania had been reacting to this story, which (unlike many of the other accusations) much more closely involved her, in that it took place while she was in the home and happened to a reporter who was writing a story on the couple. Well, now we know. Melania tweeted out a retraction demand to People written by Charles Harder. And it's even more ridiculous that Harder's usual threat letters. The crux of it is that Melania denies a few unimportant side details of the article around Stoynoff's claim that she ran into Melania a year or so later, after she'd left the Trump beat (because of Trump's actions). Harder claims that Melaina never ran into Stoynoff:
The following statements in the Story, among others, are false and completely fictionalized. We therefore demand that you immediately and permanently remove each of these statements from the Story, and print a prominent retraction and apology:
  1. "That winter, I actually bumped into Melania on Fifth Avenue, in front of Trump Tower as she walked into the building, carrying baby Barron."
  2. "'Natasha, why don’t we see you anymore?' she asked, giving me a hug."
  3. "I was quiet and smiled, telling her I’d missed her, and I squeezed little Barron’s foot."
The true facts are these: Mrs. Trump did not encounter Ms. Stoynoff on the street, nor have any conversation with her. The two are not friends and were never friends or even friendly. At the time in question, Mrs. Trump would not have even recognized Ms. Stoynoff if they had encountered one another on the street.
Harder then claims that if People does not remove and retract those statements then it "will require Mrs. Trump to consider her legal options."

Let's put this simply: Mrs. Trump's legal options are... nothing. Nada. Zilch. Note that Harder did not claim that any of these statements are defamatory. Because even he must know that they are not defamatory even if they are false. There is no harm in those statements. There is no nothing. They are just someone remembering what may have happened. Even if it didn't happen, that doesn't create any legal liability or problem, and it's certainly not defamation.

As with Donald, it seems like these weak ass legal "threat" letters seem more designed to scare off others with the knowledge that if you come forward or if you publish a story about someone who comes forward, the Trump team of lawyers will hassle you in some manner or another.

But, really, this particular letter is so weak and so empty of any actual issue, that you have to wonder what the hell is going on. Is it that Melania demanded something be done and this was the best that Harder could muster up given the lack of anything legitimate to whine about? Could it be that Harder thinks he can actually bully People into pulling these minor facts? It's not at all clear, and while I guess maybe (?!?) this helps Harder in that clueless censorious celebrities know they can go to him and he'll send clearly ridiculous threat letters on their behalf, for lots of other people, it just undermines any credibility Harder has on the subject of defamation and free speech. He looks completely foolish and petty.
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Filed Under: charles harder, chilling effects, defamation, donald trump, false statements, free speech, melania trump, natasha stoynoff, people magazine


Reader Comments

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  • identicon
    Anonymous Coward, 14 Oct 2016 @ 3:40am

    Free speech will only apply to Trump speech?

    The interesting thing here is the blatant disregard for free speech shown by both Donald Trump (NY Times) and Melania (People).
    Trump focuses on the white male electorate with a grudge against government. Imagine what would happen to free speech with the Trumps in the White House...Free speech will only apply to Trump speech?
    If I were Hillary I'd hammer on this in the next debate, and yes, include Melania. If Donald brings Bill's past misconduct in the debate, it only seems proper to inlclude Melania's present misconduct in too...

    link to this | view in chronology ]

    • icon
      mcherm (profile), 14 Oct 2016 @ 8:57am

      Re: Free speech will only apply to Trump speech?

      Anonymous Coward writes:

      > If I were Hillary I'd hammer on this in the next debate, and yes, include Melania.

      Remember Michelle Obama's words: "When they go low, we go high." At least we SHOULD.

      I don't care which party you support, surely everyone can agree that we need to step back from this insult-driven election.

      link to this | view in chronology ]

      • identicon
        Anonymous Coward, 14 Oct 2016 @ 9:05am

        Re: Re: Free speech will only apply to Trump speech?

        Spouses and family should never be a topic in a debate. It should be entirely on the candidate themselves.
        I would even say this if Melania was running. If she was Trump and his comments should be off the table.

        link to this | view in chronology ]

  • identicon
    Anonymous Coward, 14 Oct 2016 @ 4:35am

    Oh wow, I am simply bowled right the fuck over with the technology related angle of this story.

    link to this | view in chronology ]

    • identicon
      Anonymous Coward, 14 Oct 2016 @ 5:00am

      Re:

      Your low IQ is showing. If you can't wrap your mind around a site covering more than one topic, go away and get lost in your closet.

      link to this | view in chronology ]

    • icon
      PaulT (profile), 14 Oct 2016 @ 5:26am

      Re:

      So, where is it stated that this site exclusively deals with tech stories?

      link to this | view in chronology ]

    • icon
      wereisjessicahyde (profile), 14 Oct 2016 @ 6:12am

      Re:

      It might not be Tech but it is dirt.

      link to this | view in chronology ]

    • identicon
      Anonymous Coward, 14 Oct 2016 @ 7:51am

      Re:

      Threats to free speech are also existential threats to most of the WWW. The very existence of Techdirt, as well as nearly all top sites, depends on strong 1st Amendment protections.

      link to this | view in chronology ]

    • identicon
      Baron von Robber, 14 Oct 2016 @ 8:19am

      Re:

      Hello AC!

      Are you sleepy from being under your rock for so long? Take a stretch, here's some coffee and I'll get you caught up.

      About 30 years ago, most folks got their news from newspapers. You already know what those are. Well over time, the Internet really really took off. You'll be amazed, it's HUGE! And now newspapers are almost all no longer delivering printed press anymore. They are mostly now over this thing called the World Wide Web (www). And we get most of our news now over computer, tablet and even our phones! Yea! Our phones are like mini computers! Well, I know that's alot to digest along with your coffee. Just relax, and welcome to the 21st century Mr. AC. :)

      link to this | view in chronology ]

  • identicon
    kallethen, 14 Oct 2016 @ 5:32am

    But, really, this particular letter is so weak and so empty of any actual issue, that you have to wonder what the hell is going on.

    Are we saying he needs to "lawyer harder?"

    ...

    ...

    I'll just show myself out...

    link to this | view in chronology ]

  • identicon
    Anonymous Coward, 14 Oct 2016 @ 5:43am

    Interesting self-contradiction here

    The true facts are these: Mrs. Trump did not encounter Ms. Stoynoff on the street, nor have any conversation with her. The two are not friends and were never friends or even friendly. At the time in question, Mrs. Trump would not have even recognized Ms. Stoynoff if they had encountered one another on the street.

    If Mrs. Trump was incapable of recognizing Ms. Stoynoff, as is stated here by her attorney, then how would she know if she encountered her on the street?

    link to this | view in chronology ]

    • identicon
      Anonymous Coward, 14 Oct 2016 @ 10:17am

      Re: Interesting self-contradiction here

      Mrs. Trump would not have even recognized Ms. Stoynoff

      Could equally mean refuse to recognize, rather than not recognize.

      link to this | view in chronology ]

    • identicon
      Anonymous Coward, 14 Oct 2016 @ 7:16pm

      Re: Interesting self-contradiction here

      this is the part of the article that is disprovable. there are these things called cameras and door man. and witnesses that are infront of building that may not be inside of homes. no one can disprove what happened in the apartment unless there were witnesses. also I think I would remember someone I didnt know coming up and touching my infant if i were a person in the public eye with security concerns even more particularly if that person gave a date as to when this happened.

      link to this | view in chronology ]

  • identicon
    Anonymous Coward, 14 Oct 2016 @ 6:46am

    Bingo

    As with Donald, it seems like these weak ass legal "threat" letters seem more designed to scare off others with the knowledge that if you come forward or if you publish a story about someone who comes forward, the Trump team of lawyers will hassle you in some manner or another.


    This. It is intimidation to prevent a cosby like situation where more of his accusers come out against him.

    But worse than even that (because I am sure there would be many attorneys and others who would happily pay to defend them against Trump), Trump also has his surrogates and his Reddit Troll army going after these folks. These woman are bravely going public about being assaulted knowing that doing so would make them victims again by the same man and his gang of bullies attacking them again and again for likely years.

    link to this | view in chronology ]

  • identicon
    Anon, 14 Oct 2016 @ 6:53am

    Standard Operating Procedure

    Trump's standard operating procedure, is if you repeat something loudly and often enough, it becomes the new truth / truthiness despite the facts.

    Note the Washington Post got the open mike on bus story in a brown envelope because NBC and its lawyers hemmed and hawed about any release for so long that someone got pissed off waiting. Lawyers! The Trump threats work sometimes.

    link to this | view in chronology ]

  • icon
    Padpaw (profile), 14 Oct 2016 @ 7:18am

    Awesome I was hoping Thiel would be stupid enough to support trump in this behaviour of trying to sue anyone they do not like laws be constitutional rights and laws be damned

    link to this | view in chronology ]

    • icon
      Padpaw (profile), 14 Oct 2016 @ 7:20am

      Re:

      i meant to say do not like, constitutional rights or laws be damned.

      link to this | view in chronology ]

    • identicon
      Anonymous Coward, 14 Oct 2016 @ 7:52am

      Re:

      Thiel used this lawyer for his crusade, but I don't see any indication that he continues to bankroll these activities. The awful lawyer in question can work for other clients.

      link to this | view in chronology ]

      • icon
        Padpaw (profile), 14 Oct 2016 @ 10:38pm

        Re: Re:

        Seems exactly like the sort of thing Thiel would support. Shutting up those saying unpleasant things about the rich and powerful. Until proven otherwise I am going to assume Thiel is supporting it. If I am wrong so be it.

        link to this | view in chronology ]

  • icon
    Uriel-238 (profile), 14 Oct 2016 @ 7:26am

    Litigation is part of that threat that monied interests can leverage against others. Including for sex and silence.

    After the assault, Stoynoff second guesses herself, I kept thinking, Why didn’t I slug him? Why couldn’t I say anything?

    She explains her own hesitation soon after.

    I was afraid that a famous, powerful, wealthy man could and would discredit and destroy me, especially if I got his coveted PEOPLE feature killed.

    Harder is part of that power, still trying to shut her up.

    link to this | view in chronology ]

  • identicon
    Anonymous Coward, 14 Oct 2016 @ 7:59am

    Dont bother me

    People is basically gawker light so it would not bother me to see them go under.

    NYT just does not interest me. It can go either way.

    link to this | view in chronology ]

    • identicon
      Anonymous Coward, 14 Oct 2016 @ 8:13am

      Re: Dont bother me

      Sure. So you don't like People or NYT.

      Will you still be ok with it when it happens to an organization you do like?

      link to this | view in chronology ]

      • identicon
        Anonymous Coward, 14 Oct 2016 @ 8:17am

        Re: Re: Dont bother me

        thats pretty much impossible since i dont like any organization or at the very last are not connected enough to it..

        link to this | view in chronology ]

    • icon
      PaulT (profile), 14 Oct 2016 @ 8:22am

      Re: Dont bother me

      First they came for Gawker but I didn't speak up because I did not like Gawker...

      link to this | view in chronology ]

      • identicon
        Anonymous Coward, 14 Oct 2016 @ 8:48am

        Re: Re: Dont bother me

        in gawkers case they basically got up to death's face and called him a bi##.

        link to this | view in chronology ]

    • identicon
      Anonymous Coward, 14 Oct 2016 @ 9:03am

      Re: Dont bother me

      You will miss them when they are gone. A vast majority of the sources you do like come from major newspaper research and watchdog reporting.

      You will especially miss them when nobody is acting as a counter abuse of power.

      Don't ever take the death of any media company lightly.

      link to this | view in chronology ]

      • identicon
        Anonymous Coward, 14 Oct 2016 @ 11:12am

        Re: Re: Dont bother me

        A vast majority of the sources you do like come from major newspaper research and watchdog reporting.

        most of what i read is just twitter gossip they put on the front page and call news.

        link to this | view in chronology ]

    • icon
      Wyrm (profile), 14 Oct 2016 @ 9:28am

      Re: Dont bother me

      And what if they come after you personally for a comment you thought was innocuous at the time?

      link to this | view in chronology ]

      • identicon
        Anonymous Coward, 14 Oct 2016 @ 11:11am

        Re: Re: Dont bother me

        they already do that.

        link to this | view in chronology ]

        • icon
          Matthew Cline (profile), 14 Oct 2016 @ 5:18pm

          "Come after you personally"

          They already "came after you personally" as in criticize/condemn you for your comments, or as in sue (or threaten to sue) you?

          link to this | view in chronology ]

  • icon
    Paul Alan Levy (profile), 14 Oct 2016 @ 9:22am

    Not defamation

    To be fair to Harder, his demand letter never once mentions a defamation cause of action. Maybe his claim is a violation of Melania Trump's right of publicity: the reporter is falsely claiming an association with Melania Trump that damages her ability to make money from her persona.....

    link to this | view in chronology ]

    • icon
      Matthew Cline (profile), 14 Oct 2016 @ 5:20pm

      Re: Not defamation

      When it comes to right of publicity claims, does the truth or falsity of the defendant's statements have any bearing?

      link to this | view in chronology ]

    • identicon
      Anonymous Coward, 14 Oct 2016 @ 7:22pm

      Re: Not defamation

      i think when you declare rape in the sentence before the defamation is probably implied.

      link to this | view in chronology ]

      • icon
        Matthew Cline (profile), 14 Oct 2016 @ 7:32pm

        Re: Re: Not defamation

        1) If the sentence before is the problem, that's what the complaint should mention.

        2) If that previous sentence is defamatory, it's defamatory against Donald Trump, not Melania, as the story neither states nor implies that Melania was complicit with what Trump did.

        link to this | view in chronology ]

  • identicon
    dkone, 14 Oct 2016 @ 2:01pm

    Send them to my father-in-laws

    My in-laws still have DSL and my father-in-law won't give it up for anything. He has a locked in rate of 14.95/mo for life and thinks it is the best thing going. I have talked to him until I am blue in the face. He can get service from Comcast and Verizon FOIS. He currently has cable TV through comcast, phone service trough Verizon pots lines and DSL through the same pots lines. My point being that if he bundled all three with one ISP then his net bill would be the same, and his internet would go to 25/10 or something close to that.

    What he doesn't have is WIFI. Sure I could add at it to his existing setup but what is the point, it is too slow to do anything meaningful. I have a bunch of cool Christmas gifts picked out for the in-laws that I can't get them; like Amazon Prime and Netflix for their smart TV and an Echo Dot radio... but no instead I will end up getting them a new microwave, how lame is that.

    The only silver lining is that Verizon sent him a letter stating that DSL was being discontinued in like 6 months or so.

    Bottom line is that although it is shady to not repair someones DSL if the service still exists, but for the love of God please head over to my in-laws and break their existing DSL and then not fix it.

    link to this | view in chronology ]

    • identicon
      dkone, 14 Oct 2016 @ 2:04pm

      Yes I know

      I posted to the wrong article, please don't send Charles Harder to my In-Laws.

      link to this | view in chronology ]

  • identicon
    aerilus, 14 Oct 2016 @ 7:09pm

    having read this site for years i cant understand what i perceive as a logical inconsistency on this issue.

    li·bel
    ˈlībəl/
    noun
    noun: libel; plural noun: libels

    1.
    Law
    a published false statement that is damaging to a person's reputation; a written defamation.

    link to this | view in chronology ]

  • identicon
    Anonymous Coward, 14 Oct 2016 @ 7:33pm

    perhaps he should NERD Harder!

    Not Everyone Respects Donald

    link to this | view in chronology ]


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