MSNBC host Mika Brzezinski issued a legal disclaimer on Wednesday after an interview on Morning Joe featured Scott Galloway, an entrepreneur and popular podcast host, who referred to President-elect Donald Trump as a “rapist.” The comment came during a discussion on the economic factors behind Trump’s electoral victory, but Brzezinski felt it necessary to clarify the issue, especially considering the legal risks involved.
Galloway, known for co-hosting the Pivot podcast with tech journalist Kara Swisher, discussed various movements, including the MeToo movement and Black Lives Matter, highlighting the growing concern over income inequality in the country.
He stated, “We are in the midst of a series of small revolutions to correct income inequality,” pointing to a stark economic divide where “a small number of individuals and a small number of companies can be worth more than nation-states.”
However, Galloway did not stop there. He called Trump an “insurrectionist” and a “rapist,” which prompted Brzezinski to step in with a legal note after the interview concluded. “I want to comment on a word that was used in this interview,” she said. “Donald Trump was tried civilly and was found liable of sexual abuse, not rape. But the judge in the case likened his actions to rape, but the liability was officially called sexual abuse.”
Brzezinski’s legal disclaimer was likely a precautionary measure after the recent defamation case settled by ABC News with Trump. The network had paid Trump’s presidential library $15 million and an additional $1 million to settle a lawsuit over comments made by anchor George Stephanopoulos.
During a March interview, Stephanopoulos referred to Trump being “liable for rape” in connection with the E. Jean Carroll case. In that case, a New York jury found Trump liable for defamation and sexual abuse, though they did not classify his actions as rape under New York law.
The legal settlement involving ABC News came after the Florida judge rejected the network’s defense that their statements were “substantially true.” The judge ruled that ABC’s coverage lacked important context and that the omission was misleading to viewers.
The case also resulted in pre-trial discovery proceedings where Stephanopoulos had to hand over emails and communications related to the case. ABC’s settlement followed a similar pattern as other media companies under pressure, sparking concerns about the chilling effect this could have on the free press.
Legal experts, particularly those specializing in the First Amendment, have expressed concern about how the media’s relationship with Trump could shift moving forward. Some see the settlement with ABC News as a capitulation that could lead to more media outlets pulling back from adversarial reporting on the incoming president.
Some experts fear that this might set a dangerous precedent, where journalists may hesitate to report freely due to fear of legal repercussions. “Many in free press circles are holding their breath,” one expert told The Independent, pointing out the unsettling possibilities for press freedom under Trump’s presidency.
As the media landscape shifts, Morning Joe has also found itself under fire for its handling of Trump. Despite spending years warning about the threats Trump posed to democracy, the show and its hosts, Brzezinski and Joe Scarborough, have been criticized for their interactions with Trump after his election.
The couple’s visit to Trump’s Mar-a-Lago resort and their on-air apology for a flippant remark about Fox News has led some to believe that they are giving in to Trump, possibly due to fear of retaliation. The Morning Joe team’s actions have sparked debate about whether they, like others in the media, are now softening their stance toward the president-elect.
With growing concerns over free speech and the role of the press in a politically charged environment, it remains to be seen how media outlets will navigate the complicated terrain of covering Trump.
As the new administration prepares to take office, many journalists and media companies may face increasing pressure, and some worry about the implications this has for their ability to report without fear of legal repercussions.
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