Judge Throws Out Trump's Wall Street Journal Epstein-Letter Suit for Good
U.S. District Judge Darrin P. Gayles in Miami on Saturday dismissed with prejudice President Trump's amended defamation suit against Dow Jones, News Corp, Rupert Murdoch and two Wall Street Journal reporters over the paper's July 2025 story on a birthday letter to Jeffrey Epstein. For the second time, he found Trump had not plausibly alleged 'actual malice.' Trump's legal team says the fight will go on; the defendants have 30 days to seek attorneys' fees.

The Overview
The facts, straight
BREAKING / DEVELOPING: As of our check of the public court archive early Sunday, no notice of appeal or fee motion had been posted to the docket. For another fight between the administration and the press, see our report on the Justice Department's antitrust probe of TV networks.
The ruling. On Saturday, Oct. 31, U.S. District Judge Darrin P. Gayles of the Southern District of Florida dismissed President Donald Trump's amended defamation lawsuit against The Wall Street Journal's publisher, Dow Jones & Co.; its parent, News Corp; News Corp's chairman emeritus, Rupert Murdoch; News Corp chief executive Robert Thomson; and Journal reporters Khadeeja Safdar and Joseph Palazzolo. The case is President Donald J. Trump v. Dow Jones & Company, Inc., et al., No. 1:25-cv-23232 (order, ECF 80; docket).
The 20-page order's first directive: "The First Amended Complaint ... is DISMISSED WITH PREJUDICE." That means Trump can't amend or refile these claims in that court. His path now runs through an appeal.
What the story said. The suit is over a July 17, 2025, Journal article headlined "Jeffrey Epstein's Friends Sent Him Bawdy Letters for a 50th Birthday Album. One was from Donald Trump." The Journal reported that a letter bearing Trump's name, which its reporters said they reviewed, was part of a 2003 album Ghislaine Maxwell assembled for Epstein's 50th birthday. It described typewritten text framed by what appeared to be a hand-drawn outline of a naked woman and a signature, "Donald," below her waist. Trump has denied writing it from the start. Before the story ran, he told the Journal, "This is not me. This is a fake thing," the order recounts. He sued the next day, July 18, 2025, seeking at least $10 billion on each of two counts (complaint).
Second try, same problem. Gayles first dismissed the case in April, without prejudice, and gave Trump a chance to fix it (ECF 59, later superseded by an amended order correcting clerical errors). He also refused Trump's request to take evidence from the Journal before refiling (ECF 66). Trump filed an amended complaint in May. Among its new details, it alleged that Trump personally told Murdoch he hadn't signed or sent the letter, and that Murdoch replied he would "handle it."
"As with his first attempt, he has failed," Gayles wrote Saturday.
The legal test. Under the Supreme Court's 1964 ruling in New York Times Co. v. Sullivan, a public figure suing for defamation must show "actual malice." That means the publisher knew a statement was false, or published it with reckless disregard for whether it was true. Courts in this circuit require a plaintiff to lay out facts that make that plausible at the start of the case, before the expensive discovery phase. Gayles opened his order with a passage from Sullivan and found Trump's allegations "conclusory, vague, sometimes inconsistent with the Article, and often irrelevant."
Point by point, the judge rejected each of Trump's theories:
- The denial. Trump argued the Journal should not have published after he called the letter fake. Gayles wrote that if that were the law, "any time a public figure or his team denies an accusation, journalists would be immediately blocked from publishing negative or contradictory press." He noted the article "did not ignore or minimize" Trump's denial, which he said makes malice less plausible.
- The investigation. Gayles wrote that the article "details a thoughtful and detailed investigation." He listed the outreach: Trump and his team, the Justice Department, the FBI, Maxwell and her lawyer, others named in the album and people involved in binding it. "Grasping at straws, the Amended Complaint attempts to manufacture flaws with the investigation," he wrote. He saw no meaningful difference between reviewing the letter and holding a copy.
- Maxwell. Trump's own complaint says Maxwell later told the Justice Department, under penalty of perjury, that she did not remember him submitting a letter. Gayles said that means she "had little to offer" the reporters, and called the Maxwell argument "a red herring." Her interview also came after the article ran.
- Omissions and the follow-up. Choices about what to include are not malice, he wrote. And the Journal's Sept. 8, 2025, follow-up comparing signatures includes "several examples" where Trump's real signature and sketches resemble those in the letter.
The judge added that the complaint was "devoid of any non-conclusory allegations" about Thomson's alleged malice, and that the second count independently failed for lack of specific money losses.
What the judge did not decide. He did not decide whether Trump wrote the letter. "Whether President Trump was the author of the Letter ... [is a] question[] of fact that cannot be determined on a motion to dismiss," he wrote. He again declined to consider the birthday-book pages that the House Oversight Committee released in September 2025 from Epstein's estate, because Trump disputes they are authentic. He also did not rule on whether the article was true.
Fees. The defendants asked to make Trump pay their legal bills under state anti-SLAPP laws, which target suits meant to punish speech on public issues. Gayles wrote that he "agrees that President Trump's defamation claims lack merit," but he did not decide whether fees are owed, because the parties have not fully briefed whether Florida's statute or New York's applies. He kept jurisdiction and set a deadline: any fee motion "shall be filed within thirty (30) days," with a choice-of-law discussion.
Reaction. Dow Jones told CNBC, "We're pleased with the court's decision." A spokesman for Trump's legal team said, "President Trump will continue to press forward in his powerhouse lawsuit against the Wall Street Journal and all of the other defendants. The President will continue to hold those who mislead the American People with Fake News and smears accountable for their actions." CNBC reported the spokesman confirmed Trump plans to appeal; CBS News cited a source saying it likely will be. An appeal would go to the 11th Circuit in Atlanta. As of early Sunday, we found no post about the ruling from Trump, the White House or its rapid-response accounts.
What the Left Says
The progressive and Democratic case
Press-freedom advocates and Democrats see the ruling as Sullivan doing exactly what it was built for: letting reporters cover the most powerful person in the country without facing a ruinous lawsuit every time he disputes a story. Gayles made a similar point. He wrote that the actual-malice rule protects reporting at the pleading stage, because the cost of discovery alone "could chill free speech nearly as effectively as the absence of the actual malice standard altogether." His order also refused to treat a denial as a veto: the Journal printed Trump's denial, "allowing readers to decide for themselves."
Democrats on the House Oversight Committee argue that the record backs the Journal. In September 2025 they posted the page from the birthday book that Epstein's estate gave the committee under subpoena:
Post: House Oversight Committee Democrats (@OversightDems) on X, Sept. 8, 2025.
That post is the committee Democrats' claim. Trump says the letter is fake, and Gayles did not consider that page or decide who wrote it.
Critics on the left also place the suit in a pattern of the president suing news organizations, including a separate $10 billion suit against the BBC in which, CNBC reported, another Miami judge ordered Trump to sit for a deposition by Dec. 11. They point, too, to the administration's other press fights, such as the antitrust probe of TV networks over the White House pool.
Where Reality Likely Sits
Radio Purple's analysis
Common ground. Both sides agree that a public figure, including a president, faces a high bar to win a libel case. That's been settled law for more than 60 years, and both sides largely accept that judges, not social-media posts, decide whether a given suit clears it. The bigger disagreement is whether the rule itself should change, and only the Supreme Court can do that.
What the order shows. Under the current rule, this result was predictable. The complaint's main theories were that the Journal ignored Trump's denial and didn't investigate enough. Courts have long held that neither is actual malice on its own, and the article itself contained Trump's denial and described its reporting steps. After two tries, the judge found no non-conclusory facts about what the reporters actually believed, and he cited that second failure as the reason for dismissing with prejudice.
What it doesn't show. The ruling is not a finding that Trump wrote the letter, and not a finding that the article was true. Gayles said that question can't be decided at this stage, and he refused to rely on the House-released pages because Trump disputes them. Trump's denial stands as his position; the Journal, Politico reported, has stood by its reporting.
What to watch. A notice of appeal to the 11th Circuit; under federal appellate rules, a civil appeal is generally due within 30 days after judgment is entered. A defendants' fee motion is due by about Nov. 30, and the judge has already said the claims "lack merit." And watch whether this case becomes a vehicle for the long-running push to reconsider Sullivan.
Should a public figure be able to see a newsroom's notes before having to prove a reporter knew a story was false? Tell us.
What the Right Says
The conservative and Republican case
Trump and his allies say the story was false and the Journal should never have run it. The White House press secretary at the time, Karoline Leavitt, wrote after the Journal's September follow-up that "it's very clear President Trump did not draw this picture, and he did not sign it," and called the story "FAKE NEWS to perpetuate the Democrat Epstein Hoax!":
Post: White House Press Secretary account (@PressSec), then Karoline Leavitt, on X, Sept. 8, 2025.
His legal team says the case isn't over and that he will keep holding outlets accountable for "Fake News and smears."
Many conservatives see a deeper problem in the legal standard. Sullivan makes it very hard for a public figure to win even when a story is wrong, because he must prove what was in a journalist's head, and, under the rule Gayles applied, he must plead it before he can get the newsroom's records. Trump asked for exactly that discovery and was refused. Critics say that leaves powerful media companies grading their own work. Two justices have questioned Sullivan: Justice Clarence Thomas wrote in 2019 that the Court should reconsider it, and Justices Thomas and Neil Gorsuch both urged a fresh look in 2021. An appeal here could add to that pressure.
Some on the right also note that the judge is an Obama appointee (Politico), and that he declined to decide the central factual question — whether Trump wrote the letter — even as he ended the case.
Sources & Citations
- CourtListener (PACER/RECAP), “Docket, Trump v. Murdoch (President Donald J. Trump v. Dow Jones & Company, Inc., et al.), No. 1:25-cv-23232-DPG (S.D. Fla.)”, October 31, 2026.
- U.S. District Court, Southern District of Florida (CourtListener/RECAP), “Order granting motion to dismiss First Amended Complaint; dismissed with prejudice (ECF 80)”, October 31, 2026.
- U.S. District Court, Southern District of Florida (CourtListener/RECAP), “Order dismissing original Complaint without prejudice (ECF 59)”, April 13, 2026.
- U.S. District Court, Southern District of Florida (CourtListener/RECAP), “Amended Order superseding ECF 59 (ECF 65)”, May 22, 2026.
- U.S. District Court, Southern District of Florida (CourtListener/RECAP), “Amended Order denying pre-amendment discovery on actual malice (ECF 66)”, May 22, 2026.
- U.S. District Court, Southern District of Florida (CourtListener/RECAP), “First Amended Complaint (ECF 67)”, May 27, 2026.
- U.S. District Court, Southern District of Florida (CourtListener/RECAP), “Defendants' Motion to Dismiss the First Amended Complaint (ECF 68)”, June 10, 2026.
- U.S. District Court, Southern District of Florida (CourtListener/RECAP), “Complaint (ECF 1)”, July 18, 2025.
- Legal Information Institute, Cornell Law School, “New York Times Co. v. Sullivan, 376 U.S. 254 (1964)”, March 9, 1964.
- Legal Information Institute, Cornell Law School, “McKee v. Cosby (2019), Thomas, J., concurring in denial of certiorari”, February 19, 2019.
- Legal Information Institute, Cornell Law School, “Berisha v. Lawson (2021), Thomas, J., and Gorsuch, J., dissenting from denial of certiorari”, July 2, 2021.
- The Florida Senate, “Florida Statutes § 768.295 (anti-SLAPP)”, January 1, 2025.
- CNBC, “Trump defamation suit against Murdoch, WSJ over Epstein letter dismissed with prejudice”, October 31, 2026.
- Associated Press, “Trump lawsuit against Wall Street Journal over Epstein birthday letter is dismissed”, October 31, 2026.
- CBS News, “Trump lawsuit against Wall Street Journal over Epstein birthday letter dismissed with prejudice”, October 31, 2026.
- NBC News, “Judge dismisses Trump's $10 billion defamation suit over Jeffrey Epstein birthday card story”, October 31, 2026.
- Axios, “Judge tosses Trump lawsuit against WSJ, Murdoch over Epstein story”, October 31, 2026.
- The Guardian, “Judge dismisses Trump lawsuit against Wall Street Journal over Epstein birthday letter”, October 31, 2026.
- Politico, “Judge tosses Trump's revised lawsuit over Wall Street Journal Epstein report”, October 31, 2026.
- X, “Post by the White House Press Secretary (@PressSec), then Karoline Leavitt”, September 8, 2025.
- X, “Post by House Oversight Committee Democrats (@OversightDems)”, September 8, 2025.
Positions above are attributed to the public statements and published reporting cited here. Quotations are taken from these sources; Radio Purple does not publish unattributed or invented quotes. See an error? Request a correction.


