A judge threw out
The decision Monday in federal court in Miami largely vindicates a 2025 story that suggested Trump sent a lewd birthday note to
Trump sued over a July 17 story that said he’d sent a “bawdy” birthday note to Epstein in 2003, typed within a sketched outline of a naked woman and signed with the president’s signature in the pubic area. The note ends with: “Happy Birthday — and may every day be another wonderful secret.” Trump has repeatedly claimed the note is fake.
The president’s complaint “comes nowhere close” to meeting the legal standard for public figures to allege defamation, US District Judge
“Quite the opposite,” Gayles said. “The article explains that, before running the story, defendants contacted President Trump, Justice Department officials, and the FBI for comment. President Trump responded with his denial, the Justice Department did not respond at all, and the FBI declined to comment. In short, the complaint and article confirm that defendants attempted to investigate.”
The judge did not rule on whether the story was defamatory and said it was too early to determine if Trump had actually written the birthday note.
“President Trump will follow Judge Gayles’s ruling and guidance to refile this powerhouse lawsuit against the Wall Street Journal and all of the other defendants,” a spokesman for Trump’s legal team said in a statement. “The president will continue to hold accountable those who traffic in fake news to mislead the American people.”
News Corp. didn’t immediately respond to a message seeking comment.
The ruling could be a bellwether for Trump’s other lawsuits against the media, which he has broadly accused of covering his presidency unfairly. In addition to his suit against the Journal, Trump also has multibillion-dollar defamation suits pending against the
Trump, whose past friendship with Epstein has dogged his presidency, has said he was never aware of the financier’s sex crimes and cut ties with him long before they came to light. Last week, First Lady
The note over which Trump sued was compiled with other letters into a “birthday book” for the financier’s 50th birthday. The book, including Trump’s note, was later handed over by Epstein’s estate in response to a congressional subpoena.
Trump’s suit against the Journal also named publisher
The Wall Street Journal story about the Epstein birthday book and Trump’s alleged signature was published amid a firestorm of criticism over the Trump administration’s handling of documents from the financier’s criminal case.
Millions of pages of those documents have since been released under a transparency law passed by Congress, though critics have accused the Justice Department of continuing to withhold others. The department’s handling of the Epstein controversy was said to be a factor in Trump’s
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News Corp. asked a judge to dismiss the suit in September, arguing that the accuracy of the disputed article was bolstered when the Epstein estate gave the note to the House committee investigating the deceased financier’s sex-trafficking. The committee then made the note public.
Trump had argued that he should be permitted to continue with the case because the Wall Street Journal hasn’t been able to prove definitively that the birthday note was genuine, regardless of its release by the House committee.
The president has regularly sued news outlets. His New York Times suit accuses the paper of serving as a “mouthpiece” for the Democratic Party and demands $15 billion in damages. He sued the BBC for $10 billion over a misleading edit of his Jan. 6, 2021, speech that suggested he directly called for violence on the day his supporters attacked the US Capitol. Both news outlets deny wrongdoing and are seeking dismissal of the lawsuits.
Both ABC and CBS settled Trump defamation suits over coverage of the 2024 election for about $16 million each.
(Updates with comment from Trump’s legal team.)
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Elizabeth Wasserman, Sara Forden
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