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JONATHAN TURLEY: What ABC’s apology to Trump reveals about the media landscape

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The late Richard J. Daley famously declared that “we as Democrats have no apologies to make to anyone.”

That doctrine seems still to be alive and well with many in the party when it comes to President-elect Trump. After ABC News and its anchor George Stephanopoulos apologized to Trump last week to settle a defamation lawsuit, many Democrats were apoplectic.

Marc Elias, the controversial lawyer involved in the funding of the infamous Steele dossier by the Clinton campaign, denounced ABC News for bending a knee to Trump. He then trolled for contributions for his own organization as “unapologetically pro-democracy.”

GEORGE STEPHANOPOULOS AND ABC APOLOGIZE TO TRUMP, AGREE TO PAY $15M TO SETTLE DEFAMATION CASE

Of course, ABC was not apologizing for advancing democracy but for alleged defamation. The network and the anchor expressed “regret” for stating that Trump was found “liable for rape” in a New York civil case. (The jury found that Trump had sexually abused and defamed E. J. Carroll. While Trump was never convicted of rape, Stephanopoulos repeated the claim 10 times in his interview with Rep. Nancy Mace, R-S.C.)

What made the settlement interesting is that ABC was previously relying on the statements of the judge in the New York case, Judge Lewis Kaplan, who declared that the charge of rape was “substantially true… as many people commonly understand the word ‘rape.’”

Stephanopoulos played up his defiance of Trump with CBS’ late-night host Stephen Colbert. To the delight of Colbert, who regularly attacked Trump on his show and openly supported both Joe Biden and Kamala Harris, Stephanopoulos proclaimed that he wouldn’t be “cowed out of doing my job because of a threat.” He added, “Trump sued me because I used the word ‘rape,’ even though a judge said that’s in fact what did happen. We filed a motion to dismiss.”

So what happened?

Well, two things and both are related to the timing of the settlement.

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First, the settlement came just before ABC and Stephanopoulos were to be called for depositions, as ordered by U.S. Magistrate Judge Lisette M. Reid. That discovery was likely to prove more embarrassing for the network than it would Trump and could have revealed internal messages on the controversy.

The danger is on full display in another courtroom where CNN has been losing critical motions in a defamation case where punitive damages could result. Anchor Jake Tapper and CNN are being sued by Navy veteran Zachary Young after falsely suggesting that he and his organization were exploiting desperate Afghan refugees. Discovery uncovered malicious and unprofessional emails from producers promising to “nail” Young and making the segment his “funeral.” Disney was not eager to put its matinée personality, Stephanopoulos, through a similar meat grinder.

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Second, the settlement occurred after an election in which Trump won the trifecta of the White House, Congress and the popular vote.

Like most media, ABC was known for its unrelenting attacks on Trump and favorable coverage toward his opponents. The network’s iconic show, “The View,” has become an unhinged, partisan rave session against Trump, Republicans and the majority of American voters. The show’s hosts now regularly read retractions or corrections to blunt allegedly defamatory screeds from its hosts. It has gotten to the point that the ABC general counsel may soon need a chair at the table.

Disney is trying to adopt a more neutral stance after years of opposition to its stances on political issues and accusations of ultra-woke products. It is still struggling to appeal to over half of the country, including the most recent controversy involving the star of its soon-to-be-released remake of “Snow White.”

After the election, actress Rachel Zegler declared herself “speechless” over the results. That would have been a welcomed state for Disney, but the actress then found her voice in the most polarizing way, publicly praying, “May Trump supporters and Trump voters and Trump himself never know peace.” Zegler was clearly miscast in the film. It was the evil Queen that was supposed to harken “a blast of wind to fan my hate.” 

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On top of these controversies, ABC News was attacked by many for its handling of the Trump debate with Vice President Kamala Harris and its biased “fact-checking.” 

With networks like MSNBC and CNN in a ratings and revenue free fall after the election, Disney clearly wants to start fresh with the new administration. Both are facing possible sales at potentially bargain-basement prices.

The media echo chamber against Trump failed spectacularly in this election. With record levels of distrust of mainstream or legacy media, the public has increasingly shifted to new media. 

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In the meantime, Trump has been running the table on lawfare with the dismissal of the two federal cases and a victory on presidential immunity in the Supreme Court. The Georgia prosecution is falling apart over the conduct of the prosecutors rather than that of the defendant. The New York civil case faced a highly skeptical court over the grotesque award against Trump and his corporation. 

Even Democratic politicians like Sen. John Fetterman, D-Pa., now feel comfortable admitting publicly that the New York hush money prosecution was “bulls—.”

For many politicians and pundits, the election seemed to flip the magnetic poles of the country. We now have ABC News giving millions to the Trump Presidential Library as Democratic donors move toward a boycott of the Biden Presidential Library. 

With networks like MSNBC and CNN struggling for their very existence, ABC is intent on having a chair when the music stops. While the ABC settlement may not be an admission of guilt, it is a recognition of the reality after this historic election.  

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