President Trump dropped a lawsuit in federal court on Monday against the Des Moines Register and pollster Ann Selzer, and refiled it in state court.
The legal maneuver comes after Trump suffered an adverse ruling in federal court. Trump is suing over a poll that showed him trailing Kamala Harris by three points in Iowa — he won by 13 — which he alleges amounts to consumer fraud.
A Register spokesperson accused the president of “gamesmanship,” and said that the paper expects to prevail.
“Although such a procedural maneuver is improper, and may not be permitted by the Court, it is clearly intended to avoid the inevitable outcome of the Des Moines Register’s motion to dismiss President Trump’s amended complaint currently pending in federal court,” the paper’s spokesperson said. “The Des Moines Register will continue to resist President Trump’s litigation gamesmanship and believes that regardless of the forum it will be successful in defending its rights under the First Amendment.”
Trump sued in December under the Iowa Consumer Fraud Act. The suit followed the same logic as his earlier suit in Texas against CBS over the editing of an interview with Kamala Harris on “60 Minutes.”
In both cases, the defense argued that the suits were frivolous because consumer protection laws do not extend to news coverage. However, CBS appears to be nearing a settlement in which it could pay as much as $20 million.
In the Iowa case, the defendants removed the suit to federal court. Last month, U.S. District Judge Rebecca Goodgame Ebinger denied Trump’s motion to send it back to state court, and also denied a bid to add two Iowa politicians as plaintiffs.
Trump’s lawyers appealed that ruling to the 8th Circuit, but dismissed the appeal along with the federal suit on Monday. The new complaint in Polk County reasserts the fraud claims.
Iowa recently became the latest state to pass an anti-SLAPP statute, which provides a mechanism to dismiss frivolous lawsuits that threaten free speech. That statute will take effect on Tuesday.
“Unsurprisingly, President Trump’s continued retreat from federal court has occurred the day before Iowa’s newly enacted anti-SLAPP statute becomes effective and would provide the Des Moines Register with broad protection for news reporting on matters of public interest,” the paper’s spokesperson said.
The Foundation for Individual Rights and Expression, which volunteered to defend Selzer, said it was aware of the latest move.
“The procedural gamesmanship is obvious and improper,” said Bob Corn-Revere, chief counsel of FIRE, in a statement. “Whatever court ultimately reviews this matter, FIRE will defend J. Ann Selzer’s First Amendment rights, and we remain confident the courts will see through this sham lawsuit.”
The suit accuses Selzer of seeking to influence the outcome of the election with a fraudulent poll. The defendants’ attorneys previously argued that polls are protected by the First Amendment.
“In the United States there is no such thing as a claim for ‘fraudulent news,’” they wrote. “No court in any jurisdiction has ever held such a cause of action might be valid, and few plaintiffs have ever attempted to bring such outlandish claims. Those who have were promptly dismissed.”