A Poll Toll? Or Does Trump's Lawsuit Against the Des Moines Register Have Merit?
Perhaps emboldened by the surprise capitulation of ABC in a defamation suit, President-Elect Donald J. Trump refocused his legal crosshairs on a new target — an incorrect poll in a state he won handily in the 2024 U.S. Presidential Election.
For some with a background in the law, it appears to be an odd and perhaps baseless suit. That's not new ground for Trump, who has spent his life using the courts to battle his detractors and accusers with unorthodox yet often effective methods. But does his latest strike have merit? A look at the facts may help provide some clarity.
An Ungainly Exit
The lawsuit, filed in Polk County, Iowa, claims that a poll published in the Des Moines Register on November 2nd was an act of brazen election interference. The poll, overseen by J. Ann Selzer, showed Vice-President Kamala Harris ahead of Trump. The suit claims that Selzer, her polling firm, the Register, and Gannett (the Register's parent company) were purposely creating a false narrative of inevitability designed to tilt the election toward Harris.
Selzer, whose retirement was announced long before the election, has handled every presidential election poll at the Register since 1987. Her polling proved correct far more often than not, although her final attempt was extremely inaccurate. Trump won Iowa, one of the reddest states, easily. Is there legal justification for a perceived slight that proved inconsequential?
Using the Courts as a Hammer
Leveling a defamation charge against Selzer and the other defendants would be difficult, given her long career as an Iowa pollster that included picking GOP candidates as poll winners.
Instead, Trump's suit attempts to invoke the Iowa Consumer Fraud Act. Written into law in 2009, the Act lessens the burden of proof for a consumer to sue for consumer fraud. It does this by removing a requirement to show the business intended to defraud them.
The pretense for this approach is that the defendants essentially used deceptive tactics while trying to sell Harris as a product. Selzer claims she was following the data and that sometimes it isn't accurate. While Trump's claim of malfeasance appears somewhat tenuous and likely difficult to prove legally, Trump has an ally in Brenna Bird, Iowa's Attorney General.
Still, why bring this suit? Detractors have called it political bullying and an attempt to intimidate the press. While Trump isn't shy about being in the spotlight, he's notoriously quick to accuse those who criticize him with furious and often unsubstantiated accusations and conspiracy theories. For example, despite Trump's repeated insistence that the 2020 election was stolen from him, the courts didn't agree. Dozens of cases claiming interference withered when required to prove their assertions.
He's also unafraid to fire at will when it comes to filing lawsuits. As the ABC settlement shows, it can be an effective approach.
The Hawkeye State of Affairs
Despite the questionable legal basis for the lawsuit, it's too early to try to predict how this may play out. Will Trump be happy with a settlement and personal justification for his claims of a media bias against him? Can the press survive yet another attack?
What those answers will be, we don't know. One way or another, the issue may be settled in a Des Moines courtroom as the eyes of the nation watch.
Related Resources
- Education Secretary Nominee Linda McMahon Sued for Child Sexual Abuse, Case Temporarily on Hold (FindLaw's Courtside)
- TikTok on the Chopping Block as Court Backs U.S. Ban (FindLaw's Courtside)
- State AGs Sue Glock Over Potential for Dangerous Modification (FindLaw's Courtside)
