Paramount files motion to dismiss Trump's CBS lawsuit, calls it 'an affront to the First Amendment'
CBS News and its parent company Paramount Global filed a motion to dismiss President Trump's lawsuit, hoping to end his high-stakes legal battle that could cost the company big money.
Paramount Global filed a motion to dismiss President Trump's $20 billion lawsuit on Thursday, hoping to end his high-stakes legal battle against CBS News.
Trump has alleged election interference over CBS' handling of a "60 Minutes" interview, and feels the network aided his Democrat rival, then-Vice President Kamala Harris, through deceptive editing one month before they faced off in the presidential election.
According to court documents reviewed by Fox News Digital, Paramount argued the lawsuit was wrongly filed by Trump's legal team in the U.S. District Court in the Northern District of Texas, despite the fact that neither Paramount nor CBS News are located in the Lone Star state nor did any production of the "60 Minutes" interview at the center of the lawsuit have any affiliation with the state.
"First, none of the Defendants is subject to personal jurisdiction in Texas on these claims. CBS Broadcasting Inc. is a New York corporation, CBS Interactive Inc. and Paramount Global are Delaware corporations, and all three have their principal place of business in New York," the filing states.
"Accordingly, general jurisdiction does not lie. Specific jurisdiction also does not lie. Defendants did not purposefully direct their suit-related conduct at Texas more than other states: The interview of Vice President Kamala Harris, excerpts of which aired on Face the Nation and 60 Minutes, was not filmed, edited, or produced in Texas, nor was Texas in any way the subject of the interview. If this district has personal jurisdiction merely because CBS programs are broadcast nationwide, so too does every district court in the country. That is not the law," it continues.
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"Second, the Northern District of Texas is not a proper venue under 28 U.S.C. § 1391(b). There can be no dispute that this case could have been brought in the Southern District of New York. And Plaintiffs do not allege nor could they that a substantial part of the events or omissions giving rise to this claim occurred in Texas," the filing continued.
"Third, even if the Court were to find that the exercise of jurisdiction is appropriate and that this district is a proper venue, the private interest and public interest factors overwhelmingly support transfer to the Southern District of New York under 28 U.S.C. § 1404(a). Among other relevant considerations, the evidence and witnesses are in New York, such that litigating there would be far more convenient for the parties, and New York has strong policy interests in regulating the conduct of its citizens and media," it stated.
In a separate filing, Paramount argued Trump's lawsuit is "an affront to the First Amendment and is without basis in law or fact," seeking to "punish a news organization for constitutionally protected editorial judgments they do not like."
"They not only ask for $20 billion in damages but also seek an order directing how a news organization may exercise its editorial judgment in the future," the filing states. "If the First Amendment means anything, it means that public officials like Plaintiffs cannot hold news organizations like CBS liable for the simple exercise of editorial judgment… Whether Plaintiffs believe the entire unedited Interview should have aired or only edited in a way they approve, they are not entitled under the First Amendment to demand only news that fits their wishes."
However, Trump's legal team remains confident.
"President Trump is committed to holding those who traffic in fake news, hoaxes, and lies to account," Trump attorney Ed Paltzik told Fox News Digital in a statement.
"CBS and Paramount committed the worst kind of election interference and fraud in the closing days of the most important presidential election in history," Paltzik added. "President Trump will pursue this vital matter to its just and rightful conclusion."
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The filing comes just days after Fox News Digital confirmed that both President Trump and Paramount were seeking a mediator, further fueling speculation that both parties would settle his $20 billion lawsuit.
The lawsuit stems from a "60 Minutes" interview with then-Vice President Kamala Harris, when she appeared to answer the same question with two different answers in a preview clip that aired on "Face the Nation" and in the exchange that aired during the primetime special.
In the preview clip, Harris was asked by "60 Minutes" correspondent Bill Whitaker why it seemed like Israeli Prime Minister Benjamin Netanyahu wasn’t listening to the U.S.
"Well, Bill, the work that we have done has resulted in a number of movements in that region by Israel that were very much prompted by, or a result of, many things, including our advocacy for what needs to happen in the region," Harris responded in the "Face the Nation" clip.
Harris was mocked by conservatives for offering a lengthy "word salad" to Whitaker. But when that same question aired the following night in the primetime election special, a shorter, more focused answer from the vice president followed.
"We are not going to stop pursuing what is necessary for the United States to be clear about where we stand on the need for this war to end," Harris said in the special.
Critics accused CBS News of editing Harris' "word salad" answer to shield her from further backlash. Trump's lawsuit accuses the network of election interference.
FCC Chair Brendan Carr ordered CBS News to hand over the unedited transcript and footage as part of its investigation into whether the network violated the FCC's "news distortion" policy after a complaint was filed. The FCC released the transcript, which showed CBS News had aired only the first half of Harris' response to Whitaker's question on "Face the Nation" and aired only the second half of her response during the primetime special.
"Well, Bill, the work that we have done has resulted in a number of movements in that region by Israel that were very much prompted by, or a result of many things, including our advocacy for what needs to happen in the region. And we're not going to stop doing that. We are not going to stop pursuing what is necessary for the United States to be clear about where we stand on the need for this war to end," Harris responded, according to the unedited transcript.
CBS parent company Paramount Global is reportedly considering settling the suit ahead of a planned merger with Skydance Media in hopes of preventing potential retribution by Trump's FCC, which has the authority to halt the multibillion-dollar transaction. Shari Redstone, Paramount’s controlling shareholder, is reportedly in favor of settling with the president.
A settlement from Paramount would be the latest in Trump's string of legal victories as he reached multimillion-dollar settlements with ABC News, Meta and X.
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