Judge Rules Trump ‘Entitled to Presidential Immunity’ in Defamation Lawsuit

Former President Donald Trump gives a thumbs up as he leaves after speaking at a campaign rally in Erie, Pa., on July 29, 2023. Joed Viera/AFP via Getty Images

A Pennsylvania judge dismissed part of a lawsuit that a state election employee brought against former President Donald Trump for comments he made about the integrity of the 2020 presidential race.

James Savage, a voting machine supervisor from Pennsylvania, had filed two lawsuits alleging that Mr. Trump, his attorney Rudy Giuliani, two poll watchers, and others “conspired to defame him and place him in a false light by publicly and falsely claiming that he tampered with the 2020 Presidential election results,” according to multiple media outlets.

The lawsuits have been consolidated into one.

Mr. Savage insists that Mr. Trump’s comments about the 2020 election led to him being subjected to death threats and suffering two heart attacks.

On July 31, Judge Michael E. Erdos of the Philadelphia Court of Common Pleas dismissed a part of Mr. Savage’s claims, stating that Mr. Trump had immunity for two statements he made in 2020.

The statements made by Mr. Trump about election integrity were “undoubtedly a matter of great public concern” and his remarks “dealt with the cornerstone of our democracy,” Judge Erdos wrote in his ruling, Breitbart reported.

However, “speaking to the public on matters of public concern is part of a President’s official duties. Indeed, the President’s use of the ‘bully pulpit’ to address the Nation has historically been an important feature of the office.”

No Reference to Mindset

The judge refused to look into the motivation and the mindset which drove Mr. Trump to make his comments on election integrity, pointing out that “determining Trump’s mindset when he said what he said is not the role of the Court.”

“Neither is it the Court’s place to assess the wisdom of his comment,” Judge Erdos wrote. “Other legal proceedings may examine the propriety of his statements and actions while he was the President and whether, as the plaintiffs in this and other cases contend, it was this conduct which served as the actual threat to our democracy.”

“But this case is not the proper place to do so. Here, Trump is entitled to Presidential immunity,” Judge Erdos said.

In addition to the statements made in 2020, Mr. Savage’s lawsuit also has claims over an October 2022 letter (pdf) that Mr. Trump wrote to the House Jan. 6 committee when he was no longer the president.

The letter insisted that the 2020 presidential election was “rigged and stolen.”

Judge Erdos’ ruling about Mr. Trump having immunity only applies to the two statements which the former president made in 2020 and not to the 2022 letter.

Mr. Trump’s attorney Alina Habba welcomed Judge Erdos’ ruling and stated that she expects that “the rest of Mr. Savage’s claims will similarly be disposed of as they are without merit.”

“We are pleased with the Court’s decision to honor the long-standing principle of Presidential Immunity. Today, the Court made it clear that it is well within the President’s discretion to address the integrity of our election without fear of liability.”

Trump Facing Lawsuits

Mr. Savage’s lawsuit is one of the multiple cases that Mr. Trump has been facing for months. Many of the lawsuits are still ongoing and pose a threat to his presidential run.

In June, Mr. Trump was indicted by the Department of Justice for his handling of classified documents after leaving the White House. The former president has pleaded not guilty in the case and denies any wrongdoing.

Mr. Trump is also the target of another criminal investigation which is looking into the alleged attempts by the former president and his allies to overturn the results of the 2020 presidential election. Both cases were brought by special counsel Jack Smith.

In Georgia, a special prosecutor is investigating Mr. Trump for potentially attempting to interfere with the state’s presidential election in 2020.

In New York, Mr. Trump is facing charges of falsification of business records related to so-called “hush money” payments made to adult film actress Stormy Daniels.

Also in New York, a federal court found Mr. Trump liable for sexually abusing writer E. Jean Carroll and defaming her. The court ordered Mr. Trump to pay $5 million in damages. The former president has denied the charge and is appealing the verdict.

Mr. Trump insists that he is being politically targeted.

“As my Poll numbers go higher & higher, the Communists, Marxists, & Fascists get more & more CRAZY with their ridiculous Indictments & Election Interference plans & plots, all controlled by an out of control, & very corrupt, DOJ/FBI,” he said in a July 5 Truth Social post.

“They have WEAPONIZED Law Enforcement in America at a level not seen before. Deranged Jack Smith, who is a sick puppet for A.G. Garland & Crooked Joe Biden, should be DEFUNDED & put out to rest. Republicans must get tough or the Dems will steal another Election. MAGA!”

Most Americans also agree that Mr. Trump is the target of political machinations. A June 21 poll published by Quinnipiac University found that 62 percent of registered voters believe that Mr. Trump’s indictment over classified materials is primarily motivated by politics.

Sixty-seven percent of Hispanic voters, 59 percent of white voters, and 52 percent of black voters held such a view.