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Judge Dismisses Author Michael Wolff's Lawsuit Over Melania Trump's Defamation Litigation Threat:

Eugene Volokh | 5.23.2026 6:15 PM

A short excerpt from yesterday's 15K-word opinion by Judge Mary Kay Vyskocil (S.D.N.Y.) Friday in Wolff v. Trump:

In this case, a chronicler of the First Family sues the First Lady because she threatened to sue him for defamation. While Plaintiff and the First Lady have a real dispute, they must litigate it according to the same procedures as everyone else.

Plaintiff asks for a declaration that, if the First Lady sues him, he deserves to win. That is not how the federal courts work. He also contends that he should not be in federal court at all. But, while it may have started in state court, this case was properly removed. Plaintiff and the First Lady are citizens of different states, and the lawsuit she threatened seeks a billion dollars in damages.

There are many features of this case that make it complicated: the prominence of the personalities involved, the scandalizing content of the underlying statements, and, frankly, an inappropriate level of tactical gamesmanship. But the outcome is simple. The Court will not be conscripted to oversee an abusively presented spat and so declines to reach the merits here….

From the Complaint, here are Melania Trump's allegations of what statements are defamatory (the emphasis appears to originate in her demand letter):

"Melania Trump 'Very Involved' in Epstein Scandal: Author."

"First Lady Melania could be the missing link in President Trump's ties to convicted sex offender Jeffrey Epstein."

"Melania was 'very involved' in Epstein's social circle, and noted that this is how she met Trump."

"She's introduced by a model agent, both of whom Trump and Epstein are involved with. She's introduced to Trump that way. Epstein [knew] her well."

"In explosive tapes recorded by Wolff, Epstein alleged that Trump liked to 'f—his friend's wives and first slept with Melania on his 'Lolita Express.'"

"Where does [Melania] fit into the Epstein story? Where does she fit into this, into this whole culture of models of indeterminate age?"

"Epstein told [you], that Trump and Melania got together the first time [] on Epstein's airplane," and that "Melania met Trump through the same modeling circles........

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