News / Published 2026-11-01

Judge Again Dismisses Trump's Wall Street Journal Lawsuit Over Epstein Story

A federal judge dismissed Trump's defamation suit against The Wall Street Journal with prejudice, finding the pleadings fell short of actual malice. Dow Jones welcomed the ruling.

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THE SHORT VERSION

  • A federal judge dismissed Trump's defamation claims against The Wall Street Journal for a second time on Oct. 31, this time with prejudice, so the claim cannot be refiled.
  • Variety reports the suit sought at least $20 billion over a 2003 birthday letter to Jeffrey Epstein; Deadline puts the figure at $10 billion and names the reporters and News Corp's chief executive among the defendants.
  • The judge found the complaint fell short of actual malice, cited Justice Brandeis and held that a failure to investigate alone does not meet the standard; Dow Jones said it was pleased and Trump intends to appeal.

A second dismissal, this time with prejudice

A federal judge dismissed President Donald Trump's defamation claims against The Wall Street Journal for a second time on Saturday, this time with prejudice, according to Variety and Deadline. Both outlets trace the case to a 2025 Journal article about a 2003 birthday letter to Jeffrey Epstein, whom Variety describes as a convicted sex offender, that the paper said had purportedly been written by Trump. Deadline dates the article to July 2025 and says the letter appeared in a birthday book compiled for Epstein's 50th birthday.

The dismissal is the second in the case and the first that cannot be undone at the trial level. Variety reports that Judge Gayles dismissed the lawsuit with prejudice, which means the claim cannot be refiled. Deadline reports that the judge had thrown out an earlier version after concluding it failed to allege actual malice, but allowed Trump to amend it. The amended complaint reached the same end on Saturday, and the opinion runs to the pleadings rather than to the letter itself.

The standard the complaint could not meet

Actual malice is the standard the U.S. Supreme Court set for public figures who sue over coverage of their conduct. Deadline reports that the judge opened his opinion with a quotation from Justice Louis Brandeis's concurring opinion in New York Times vs. Sullivan, the 1964 ruling that established the requirement. Deadline explains the test as showing that a media outlet published a story with knowledge that it was false or with reckless disregard for the truth.

Variety reports that the judge found the pleadings insufficient. Judge Gayles wrote that Trump's lawsuit "falls short of pleading actual malice" and that the allegations of malice were "conclusory, vague, sometimes inconsistent with the Article" and often irrelevant to whether the defendants knew the statements were false. Deadline quotes the same passage at greater length. Neither outlet publishes the full opinion, so the reasoning available to readers is what the two stories reproduce, and both of them lead with the same finding.

Two outlets, two damage figures

The two accounts disagree on the size of the claim. Variety reports that Trump sought at least $20 billion in damages on two counts of defamation in the suit he filed in July 2025. Deadline puts the figure at $10 billion in its headline and in its first paragraph. Neither story explains the difference, and neither prints the damages paragraph from the complaint. The number matters for the fee motion the judge invited, since a larger claim carries a larger defense bill.

Variety reports that Trump sued the Journal, its parent companies Dow Jones & Co. and News Corp, the reporters on the story and Rupert Murdoch. Deadline names the reporters as Khadeeja Safdar and Joseph Palazzo, adds News Corp chief executive Robert Thomson to the defendant list, and notes that the July 2025 article included Trump's denial and his statement that he was preparing to sue. That detail later became central to the malice argument.

Why the denials did not add up to malice

Trump has said he did not write the letter, and his revised complaint argued that the reporters could not have obtained it. Deadline reports that his attorneys claimed the journalists "did not have access to any such letter when the Article was published, which is a fact because no authentic letter or drawing exists." The judge rejected the inference. He wrote that Trump's position amounted to arguing that "once he declared the Letter a ‘fake,’ Defendants should have disregarded everything else they learned in their investigation and not published the story."

Deadline reports that the judge also rejected the argument that the Journal's investigation was inadequate, noting that "a failure to investigate, without more, does not establish actual malice." He called Trump's reliance on statements by Ghislaine Maxwell a red herring and said the suit did not show the reporters harbored serious doubts about the story. Deadline adds that the House Oversight Committee later released documents that included a letter matching the description the Journal had published.

Dow Jones welcomes the ruling, and an appeal is promised

Dow Jones, the Journal's publisher, welcomed the outcome. Deadline quotes a spokesperson for the company saying, "We’re pleased with the court’s decision." Variety's account carries no comment from the company. Deadline does not name the spokesperson, and neither outlet says whether the Journal will pursue the costs of the litigation, which the judge said it could do by motion.

A spokesman for the president's legal team, in Deadline's account, said the president "will continue to press forward in his powerhouse lawsuit against the Wall Street Journal and all of the other defendants." Deadline reports that Trump intends to appeal the ruling. Neither outlet names the court that would hear an appeal, and neither reports that a notice of appeal has been filed. The case therefore sits at the end of its district court stage and not at the end of the dispute.

What the ruling leaves open

The ruling leaves the underlying factual dispute where it was. Deadline reports that the judge declined to determine whether Trump was the author of the letter, whether the statements in the article were true, or whether they were defamatory. What he decided was narrower: that the complaint did not plead actual malice. He also wrote that the Journal could seek its attorneys' fees, a step that would let the publisher try to recover the cost of the defense.

For media defendants, the sequence matters more than the outcome. Both outlets report that the first dismissal left room to amend and the second did not, and both frame the ruling as the end of the case in the district court. Related coverage on this site includes Paula Reid's appointment as MS NOW chief White House correspondent, RedBird's $1 billion media fund, Matthew Weiner's exit from The Chairman and the ratified SAG-AFTRA TV animation contract.

Sources & reporting limits

  1. Judge Dismisses Trump's Wall Street Journal Defamation Lawsuit Over Published Epstein 'Birthday Book' for a Second Time — Variety
  2. Judge Again Tosses Out Donald Trump's $10 Billion Lawsuit Against The Wall Street Journal Over Its Reporting On Jeffrey Epstein Birthday Letter — Deadline
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