{"id":3160,"date":"2026-07-11T12:35:43","date_gmt":"2026-07-11T12:35:43","guid":{"rendered":"https:\/\/nextaddressamerica.com\/?p=3160"},"modified":"2026-07-11T12:35:43","modified_gmt":"2026-07-11T12:35:43","slug":"judge-tears-apart-new-trump-lawsuit-as-his-lawyers-make-a-confession","status":"publish","type":"post","link":"https:\/\/nextaddressamerica.com\/?p=3160","title":{"rendered":"Judge tears apart new Trump lawsuit as his lawyers make a confession"},"content":{"rendered":"
\n

The attorney for President Donald Trump argued in court Friday that while he has no evidence to support a claim that a 2024 pre-election poll constituted fraud, the president\u2019s lawsuit against The Des Moines Register and its pollster should be allowed to proceed.<\/p>\n

Read more Whistleblowers expose Trump\u2019s Kennedy Center scheme in new bombshell claim<\/a><\/p>\n

The president has claimed in court that the opinion poll, published just three days before the November 2024 election and showing him trailing his Democratic opponent, Kamala Harris, by 3 points in Iowa, was fraudulent. He is suing the newspaper and pollster J. Ann Selzer, alleging consumer fraud and citing the fact that he ultimately beat Harris in Iowa by more than 13 points.<\/p>\n

The Register and Selzer recently filed motions to dismiss the lawsuit, arguing that an election poll, regardless of its results, does not fit the Iowa Consumer Fraud Act\u2019s definition of a commercial transaction, and that the lawsuit is also barred by the First Amendment\u2019s protection of free speech.<\/p>\n

In written briefs filed with the court this week, Selzer\u2019s attorney, Robert Corn-Revere, called the legal claims made by the president and his attorneys \u201cnot just wrong \u2014 they are ridiculous.\u201d He asked the court to dismiss the case, arguing that even if all of the president\u2019s factual assertions were deemed true, there\u2019d still be no legal basis for the lawsuit.<\/p>\n

On Friday, a Polk County District Court judge heard oral arguments on the motions to dismiss.<\/p>\n

\n
Quotation<\/div>\n
\n

Your honor, there\u2019s an old saying that everything looks like a conspiracy to those who don\u2019t know how anything works. And that sums up this case in a nutshell.<\/p><\/blockquote>\n<\/div>\n

\n

\u2013 Robert Corn-Revere, attorney for pollster J. Ann Selzer<\/strong><\/p>\n<\/div>\n<\/div>\n

At the hearing, Corn-Revere attacked the underlying premise of the lawsuit \u2014 that the polling results themselves were a \u201clie\u201d or were fabricated, perhaps without any polling ever actually being conducted \u2014 and the legal foundation for the claims asserted by the president.<\/p>\n

\u201cYour honor, there\u2019s an old saying that everything looks like a conspiracy to those who don\u2019t know how anything works,\u201d Corn-Revere, told the court. \u201cAnd that sums up this case in a nutshell. The plaintiffs here do not understand how election polling works, so they have tried to concoct a case made from the tissue of campaign slogans and conspiracy theories. The issue here, for this motion to dismiss, is whether any of that adds up to a cognizable legal claim. It doesn\u2019t. This is a frivolous case that doesn\u2019t belong in this, or any, court. It\u2019s based on a label \u2014 \u2018fake news\u2019 \u2014 and not on any recognized claim.\u201d<\/p>\n

The president\u2019s lawsuit hinges in part on an assertion by his attorneys that the polling results fall under the category of \u201ccommercial speech,\u201d which is afforded less protection by the First Amendment. Corn-Revere argued otherwise on Friday, citing the lack of any legal precedent for treating news stories produced for revenue-generating media organizations as commercial speech.<\/p>\n

Polk County District Court Judge Scott J. Beattie directed most of his questions during the hearing to the Iowa attorney representing the president, Alan R. Ostergren, and twice expressed the concern that there could a \u201cchilling effect\u201d on the exercise of free-speech rights should the lawsuit be allowed to proceed at this stage.<\/p>\n

Ostergren acknowledged the president\u2019s case is based on a \u201cnovel\u201d legal theory that has not been tested by the courts, but argued that\u2019s only because the defendants\u2019 alleged conduct \u2014 concocting a phony election poll \u2014 has no precedent.<\/p>\n

Judge cites potential \u2018massive chilling effect\u2019<\/strong><\/p>\n

The attorney for The Des Moines Register, Nicholas Klinefeldt, argued that the courts are required to dismiss lawsuits when there\u2019s a finding that the claims are legally deficient and there is no right, as a matter of law, to recover damages.<\/p>\n

He told the court the lawsuit was filed immediately after the 2024 election and that now, a year and half later, there still is no valid legal claim being asserted by the president.<\/p>\n

Klinefeldt noted that the election poll that\u2019s at issue is not a statement of fact, but \u201cis a poll, it\u2019s a scientific opinion,\u201d and said that in order for the president to show a violation of the Consumer Fraud Act, he must show that he relied on the polling results and that he did so in the context of purchasing consumer merchandise.<\/p>\n

\u201cThere can be no set of conceivable facts that would result in damages\u201d in the case, Klinefeldt told the court.<\/p>\n

In arguing against dismissal, Ostergren said he had no obligation at this point in the proceedings to show evidence supporting the president\u2019s claim that the poll was fabricated or rigged in some fashion. \u201cThe law is that all we have to do is put the defendants on notice as to why they are being sued,\u201d Ostergren said.<\/p>\n

In response, Judge Beattie asked Ostergren whether he still has some obligation to articulate the specific elements of the legal claims being made.<\/p>\n

Ostergren rejected that position and said that after discovery takes place and evidence is gathered, the defendants can argue for summary judgment in their favor but until then, the case should be allowed to proceed.<\/p>\n

Read more Corrupt \u2018mobster\u2019 Trump staggered that some people can\u2019t be bought: analysis<\/a><\/p>\n

\u201cDo you believe that is even the case when there is an issue with First Amendment import?\u201d Beattie asked Ostergren. \u201cIt seems like there\u2019d be a massive chilling effect if any case is allowed get past the motion-to-dismiss phase for a defendant of this nature.\u201d<\/p>\n

Ostergren argued the First Amendment does not protect against fraud and said it will be impossible to determine to what extent that exception to the First Amendment applies in the case at hand until the discovery process produces documents and evidence.<\/p>\n

\u201cWe need to know how the poll was conducted and whether a poll was conducted,\u201d Ostergren said. \u201cWe take it just on a simple assertion from the defendants that this was actually calling people and asking their views. What was the process when these flawed numbers were being considered and vetted? \u2026 What decisions were made about going ahead in the face of information that were so utterly implausible that it defies belief, that it could be anything other than deliberate misconduct? \u2026 These are all things we have to know.\u201d<\/p>\n

President\u2019s lawyer questions poll\u2019s existence<\/strong><\/p>\n

Beattie reiterated that Ostergren\u2019s position \u201cgives me pause,\u201d particularly because of the potential impact the case could have on First Amendment rights of free speech.<\/p>\n

\u201cBecause of the massive \u2013 I\u2019ll say it \u2013 because of the massive First Amendment implications that are here, there is an element of chilling that would come with that,\u201d Beattie said.<\/p>\n

Judge Beattie also noted that with regard to the president\u2019s argument that the polling results should be treated as commercial speech, \u201cthere\u2019s not a lot of support\u201d for such a position and characterized it as \u201cfairly unprecedented.\u201d<\/p>\n

\n
Quotation<\/div>\n
\n

I will readily admit that there is a certain novelty to the claim that we are pursuing,<\/p><\/blockquote>\n<\/div>\n

\n

\u2013 Alan R. Ostergren, attorney President Donald Trump <\/strong><\/p>\n<\/div>\n<\/div>\n

Ostergren acknowledged that there is no case law to cite to support that critical point.<\/p>\n

\u201cI will readily admit that there is a certain novelty to the claim that we are pursuing,\u201d he admitted, but added that \u201cthis is a historic manipulation by a news organization, in our view, of abusing its position and putting a product out into the market on the eve of a highly contested election, which all indications show was fabricated \u2014 or to the point of such colossal mistake upon mistake upon mistake and then pushed out the door that it becomes misconduct. And I don\u2019t know of anything like that that has ever happened in the history of our political and media system in that exact way.\u201d<\/p>\n

Ostergren argued that while the defendants have First Amendment rights, individuals have the right to run for office without a \u201cmanipulation\u201d of the electoral process. He called the polling results a \u201clie dropped in the middle of our political process.\u201d<\/p>\n

Beattie asked Ostergren how he could show the president relied on the polling results and was then damaged by that reliance.<\/p>\n

\u201cYou, in your own pleadings, spend a fairly significant amount of time talking about how the polls previous to this one were not reliable and you guys knew about it and President Trump, immediately after it being released, talked about how it was garbage,\u201d Beattie said. \u201cSo how can you say you relied upon (the poll results) in any way, shape or form?\u201d<\/p>\n

In response, Ostergren said that at this point in the case, reliance need not be proven and he reiterated his belief that the poll represented \u201ca news organization creating a lie, and people were damaged terribly trying to deal with the consequences of that three days before Election Day.\u201d<\/p>\n

On rebuttal, Corn-Revere argued that \u201ceven if you accept the conspiracy theories and even if you accept the wildest claims these people are willing to make,\u201d there still is no legal basis for the lawsuit that Trump is pursuing, which means dismissal of the case is required of the court.<\/p>\n

\u201cNo matter how false Mr. Ostergren has convinced himself the poll is, or how nefarious the motives behind it, it simply is not a claim that would be recognized under the First Amendment,\u201d he said.<\/p>\n

Beattie said he will review the arguments and briefs related to the motion to dismiss and said he doesn\u2019t expect to have a decision for \u201cseveral weeks,\u201d given the other cases he\u2019s currently handling.<\/p>\n

Read more \u2018I think he\u2019s dead\u2019: Mitch McConnell pulls a \u2018Franco\u2019<\/a><\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

The attorney for President Donald Trump argued in court Friday that while he has no evidence to support a claim that a 2024 pre-election poll constituted fraud, the president\u2019s lawsuit against The Des Moines Register and its pollster should be allowed to proceed.The president has claimed in court th…<\/p>\n","protected":false},"author":1,"featured_media":567,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[],"class_list":["post-3160","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news"],"yoast_head":"\nJudge tears apart new Trump lawsuit as his lawyers make a confession - Next Address America<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/nextaddressamerica.com\/?p=3160\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Judge tears apart new Trump lawsuit as his lawyers make a confession - 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