Trump may have crossed a legal line in lying about Lori Klausutis

Mr. Trump’s first tort is called intentional infliction of emotional distress, which the courts developed precisely to condemn wanton cruelty to another person who suffers emotionally as a result. This tort, which is sometimes called “outrage,” readily applies to Mr. Trump’s tweets about Ms. Klausutis. They were intentional and reckless, and were “extreme and outrageous” without a scintilla of evidence to support them. And they caused severe emotional distress — the protracted, daily-felt grief described in Mr. Klausutis’s letter to Mr. Dorsey.

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Although the tweets targeted Mr. Scarborough, his own infliction of emotional distress claim may be weaker than Mr. Klausutis’s. By shrugging off the tweet as simply political gamesmanship on the president’s part, Mr. Scarborough may not have suffered the “severe emotional distress” required for an intentional infliction of emotional distress claim.

Even so, Mr. Scarborough might succeed in a defamation suit against Mr. Trump for reputational harm. After all, the president’s innuendo that Mr. Scarborough may have murdered Lori Klausutis — presumably credible to the many Trump Twitter followers who subscribe to conspiracy theories — may seriously harm Mr. Scarborough’s reputation with them and others.

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