Legal expert: President Trump's success will count against him in lawsuit against CNN

Lawyers for President Trump sent CNN a letter last week threatening legal action over the network’s "unfair, unfounded, unethical and unlawful" coverage. A CNN spokesperson told Fox News the letter was "nothing more than a desperate PR stunt and doesn't merit a response."


On Fox Nation's "Reality Check with David Webb," attorney and Fox News contributor Emily Compagno broke down all the legal issues at play, and she concluded that the president has been too successful to claim credibly that CNN has actually hurt him.

In their letter, the president's attorneys referenced recent secretly recorded video, published by Project Veritas, purporting to show CNN Worldwide president Jeff Zucker ordering producers to ditch an "important story" for coverage of the Democrats' impeachment inquiry of the president.

"Basically, what the president's attorney was arguing was that it was false advertising on CNN's part and that they had deceived viewers, that they had broken their own code of ethics and their promise to viewers to... provide -- quote -- 'excellence in journalism,'" Compagno explained.

"[Trump's] a public figure, who is president of that United States. He has opened himself up to this, but he hasn't lost his rights as an American citizen," Fox Nation host David Webb said.

"No, he hasn't," Compagno agreed, before saying it didn't mean that the president was likely to win this legal challenge.

"For him to succeed on the merits of this lawsuit, he would have to prove that CNN was so off on their facts that [voters] essentially moved their vote from Trump to another candidate and that he... could prove to the court how he was injured," she said, "and that there was a causal link between what CNN put out there and his injury."

Compagno also argued that Trump's case was weakened by the fact that his campaign has been a prolific fundraiser.

"Unfortunately for the case, but fortunately for the president, he is succeeding... He has now raised over $300 million," Compagno said, adding that a successful libel and slander case must prove that the plaintiff has suffered damages.

"As for his campaign -- breaking all records in history. He is enjoying a successful presidency, and especially if he were to win this next campaign, there is no argument that he's actually been injured. In fact, one could argue that this has galvanized not only his base but those who are still deciding between following the president or tuning into CNN every day," she concluded.

To watch all of Eric Trump's interview on "Reality Check with David Webb" go to Fox Nation and join today.


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Fox News' Brian Flood contributed to this report.