After attempting to revive her $4 million defamation case against President Donald Trump, on Tuesday, a New York appeals court tossed out Republican consultant Cheryl Jacobus’ claims that he damaged her career.
In a CNN appearance last year, Jacobus slammed the Trump campaign for lack of transparency. Afterwards, Trump responded via Twitter by calling her a “real dummy” and saying she “begged” to work for him, so she tried to sue him for defamation. However, she lost that battle.
In her original complaint, the consultant said then-candidate Trump’s comments cost her TV appearances and inspired a bullying campaign from his supporters.
According to a Fox News report, a lower court in Manhattan dismissed the suit in January, saying that although Trump’s “intemperate tweets are clearly intended to belittle and demean plaintiff,” they would not prevent her from continuing her job as a political consultant. The court also found that Trump’s statements were opinion, not fact.
— Donald J. Trump (@realDonaldTrump) February 3, 2016
Really dumb @CheriJacobus. Begged my people for a job. Turned her down twice and she went hostile. Major loser, zero credibility!
— Donald J. Trump (@realDonaldTrump) February 6, 2016
Jacobus then tried to appeal the dismissal.
But on Tuesday, a five-judge appeals court panel in New York upheld the January decision, saying her lawsuit “was correctly dismissed in the absence of actionable factual allegations that tended to disparage her in the way of her profession, trade or business,” the New York Post reported.
The appeals panel found that “the alleged defamatory statements are too vague, subjective, and lacking in precise meaning (i.e. unable to be proven true or false) to be actionable.”
Team Trump asking me to be communications director. Trump & Lewandowski lied when they said I “begged” for a job. pic.twitter.com/NFkChqWzcZ
— Cheri Jacobus (@CheriJacobus) January 12, 2017
According to Jacobus’ attorney, Jay Butterman, they are considering taking the case to the Court of Appeals, the state’s highest judicial body.
“It’s a sense that an entire class of people in this county have no protection, no remedy” who are “subjected to being destroyed by the whim of the powerful,” said Butterman.
Trump’s attorney, Lawrence S. Rosen, said the president was happy about the decision.
“Here Ms. Jacobus was very critical of the president during the campaign, on air, then candidate Trump was certainly within his rights to rebut her attacks and offer his opinion as to what her motivations were,” Rosen said.