NBC Affiliate Wants Judge to Rule on Trump's Election Loss

Donald Trump
Chip Somodevilla/Getty Images

Throughout the nation, Donald Trump is mounting a long-shot, last-ditch legal effort to stop Joe Biden from being certified the winner of the 2020 presidential election. But there's one judge being asked to basically declare Trump the election loser.

It comes in the lawsuit brought by Trump's campaign against Northland Television, the small owner of an NBC affiliate in Wisconsin that had broadcast an advertisement from the super PAC Priorities USA. Rather unusually, Trump sued in April over an advertisement that carried his statement, "This is their new hoax," in reference to the novel coronavirus. The Trump Campaign alleges through its suit that audio clips were pieced together in a misleading fashion, and that when Trump mentioned "hoax" during a South Carolina rally, he was referring to how his political opponents were characterizing his response to the coronavirus.

The defendant previously brought a motion to dismiss with the argument that the statements were not "of and concerning" Donald J. Trump for President, the nominal plaintiff. Instead, the television station argued that the commercial referred to President Trump himself.

There may have been legal advantages to suing through a campaign apparatus, but now Northland is seizing upon the plaintiff's fate.

"With the election now decided against him, the Trump Campaign’s work has ended, and so should this defamation lawsuit," states a new supplemental motion. "[T]the results of the 2020 presidential election provide a new and independent basis to dismiss the Complaint under Rule 12(b)(1). His campaign lost both Wisconsin’s 10 electoral votes and the presidency. Plaintiff Donald J. Trump for President, Inc. (the 'Trump Campaign Committee' or the 'Committee') now lacks standing to maintain this suit, as it no longer may claim a redressable 'injury,' as Article III of the United States Constitution requires, sufficient to sustain this claim."

If there's anything that the conservatives at the Supreme Court will not tolerate, it's lack of standing.