Donald Trump demanded on Sunday that pollster Ann Selzer be investigated for releasing a preelection poll of Iowa that showed him losing to Vice President Kamala Harris.
“A totally Fake poll that caused great distrust and uncertainty at a very critical time. She knew exactly what she was doing,” Trump wrote in a post on his Truth Social platform. “Thank you to the GREAT PEOPLE OF IOWA for giving me such a record breaking vote, despite possible ELECTION FRAUD by Ann Selzer and the now discredited ‘newspaper’ for which she works. An investigation is fully called for!”
Trump attacked Selzer after the longtime pollster announced that she is retiring from conducting election polling.
“Over a year ago I advised the [Des Moines] Register I would not renew when my 2024 contract expired with the latest election poll as I transition to other ventures and opportunities,” she wrote in a column in the newspaper, whose polling she conducted for decades. “Would I have liked to make this announcement after a final poll aligned with Election Day results? Of course. It’s ironic that it’s just the opposite. I am proud of the work I’ve done for the Register, for the Detroit Free Press, for the Indianapolis Star, for Bloomberg News and for other public and private organizations interested in elections. They were great clients and were happy with my work.”
Seltzer’s final Iowa poll was way off the mark. It showed Harris leading Trump by 3 percentage points, but Trump went on to win the state by 13 points.
However, releasing a poll that turned out to be incorrect is not illegal. And subjecting pollsters to ridiculous investigations if their polls were incorrect would have a chilling effect on the industry because pollsters wouldn’t want to risk their financial security or freedom and would either not release their surveys or shut down altogether.
But launching baseless legal actions against anyone Trump feels maligns him is a pattern for him. And he’s antagonized the press for years with meritless lawsuits.
On Oct. 31, Trump filed a $10 billion lawsuit against CBS News, falsely alleging that the “60 Minutes” interview the network aired with Harris was doctored and amounted to a “deceitful, deceptive manipulation of news."
"To paper over Kamala's 'word salad' weakness, CBS used its national platform on 60 Minutes to cross the line from the exercise of judgment in reporting to deceitful, deceptive manipulation of news," the lawsuit said.
He also demanded that CBS lose its broadcast license over the interview, writing in another unhinged Truth Social post: “60 MINUTES SHOULD BE IMMEDIATELY TAKEN OFF THE AIR—ELECTION INTERFERENCE. CBS SHOULD LOSE ITS LICENSE.”
First Amendment lawyer Charles Tobin slammed Trump’s lawsuit.
“This is a frivolous and dangerous attempt by a politician to control the news media,” Tobin told CNN. “The Supreme Court has made it crystal clear: the First Amendment leaves it to journalists—and not the courts, the government or candidates for office—to decide how to report the news.”
Trump also tried to sue CNN for $475 million, claiming the organization defamed him when they described his efforts to overturn the 2020 election as the "Big Lie," with Trump’s lawyers claiming that using that term cause “readers and viewers to hate, contempt, distrust, ridicule, and even fear” him. But a judge dismissed the lawsuit, saying CNN did not defame him.
These meritless lawsuits pose a threat to journalism. They cost news organizations money to litigate, wasting resources in an industry that is already struggling financially.
What’s worse, media organizations may choose to preemptively treat Trump with kid gloves to avoid these kinds of costly lawsuits. And that could let Trump get away with his abhorrent and illegal behavior.
MSNBC is preemptively kissing Trump’s ring ahead of his inauguration in January. The co-hosts of the network’s “Morning Joe” program, who have been loudly critical of Trump since he incited an insurrection at the Capitol on Jan. 6, 2021, went to Mar-a-Lago to clear the air with Trump before he takes office.
"Joe and I realize it's time to do something different," Mika Brzezinski said on air Monday morning. "And that starts with not only talking about Donald Trump but also talking with him."
What “Morning Joe” just did is a perfect example of Yale University history professor Timothy Snyder describes in his book “On Tyranny: Twenty Lessons from the Twentieth Century” as “obeying in advance.”
“Most of the power of authoritarianism is freely given,” Snyder wrote in his book. “In times like these, individuals think ahead about what a more repressive government will want, and then offer themselves without being asked. A citizen who adapts in this way is teaching power what it can do.”
If Trump’s lawsuits and threats of investigations already seem to be having their intended effect. Those who care about this country and want it to succeed need to stand up to Trump, not preemptively cave out of fear.
That’s what we at Daily Kos plan to do. Support us in that effort.
Campaign Action