Investigative journalist Bob Woodward (L) chats with CNN Portugal correspondent in USA Luis Costa Ribas (not seen) after having delivered remarks on “New threats for Democracy” during CNN International Summit on November 21, 2022, in Lisbon, Portugal.
Horacio Villalobos | Corbis News | Getty Images
A federal judge on Friday dismissed U.S. President Donald Trump’s nearly $50 million lawsuit against the journalist Bob Woodward for publishing tapes from interviews for his 2020 best-seller “Rage” as an audiobook.
The decision by U.S. District Judge Paul Gardephe in Manhattan is a victory for Woodward, his publisher, Simon & Schuster, and its former owner, Paramount Global.
Woodward interviewed Trump 19 times between December 2019 and August 2020, and approximately 20% of “Rage” was derived from these interviews.
The book was released in September 2020, while the audiobook “The Trump Tapes,” including Woodward’s commentary, was released in October 2022.
In a 59-page decision, Gardephe stated that Trump did not plausibly allege that he and Woodward intended to be joint authors of “The Trump Tapes,” noting that Simon & Schuster credited Trump as a “reader” while crediting Woodward as the author.
The judge, an appointee of Republican President George W. Bush, also stated that Trump did not demonstrate he had a copyright interest in his stand-alone responses to Woodward’s questions.
Gardephe also stated that federal copyright law preempted Trump’s state-law-based claims. He gave Trump until August 18 to amend his complaint a third time.
A spokesperson for Trump’s legal team said in a statement: “In another biased action by a New York Court, this wrongful decision was issued without even affording President Trump the basic due process of a hearing. We will continue to ensure that those who commit wrongdoing against President Trump and all Americans are held accountable.”
Lawyers for Woodward, Simon & Schuster and Paramount did not immediately respond to requests for comment.
Walter Cronkite, Barbara Walters cited
The defendants had argued that federal law barred Trump from copyrighting interviews conducted as part of his official duties, and that no president before him ever demanded royalties for publishing presidential interviews.
They also referred to Woodward as the “sole architect and true author” of the interviews, just as journalists like the late Walter Cronkite and Barbara Walters were in their interviews with other presidents.
Woodward also stated that his interviews reflected “classic news reporting,” which helped convey accurate information to the public, and thus constituted “fair use.”
Trump was sued in January 2023, claiming he had told Woodward repeatedly that the interviews were intended solely for the book. Woodward said he never agreed to that restriction.
The $49.98 million damages request was based on what Trump’s lawyers called projected sales of 2 million audiobooks at $24.99 each.
Paramount sold Simon & Schuster in October 2023 to private equity firm KKR KKR.N for $1.62 billion in cash.
The case is Trump v Simon & Schuster Inc et al, U.S. District Court, Southern District of New York, No. 23-06883.
