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# Judge permanently tosses Trump's second try at suing WSJ reporters over Epstein story
- URL: https://www.workersrights.news/judge-dismisses-trump-10-billion-wall-street-journal-epstein-lawsuit-with-prejudice/
- Published: 2026-10-31T20:13:11.000Z
- Updated: 2026-10-31T20:13:11.000Z
- Description: "As with his first attempt, he has failed," the judge wrote, dismissing the $10 billion case with prejudice.
- Author: WorkersRights.News Team
- Tags: Legal News, Politics

A federal judge in Miami on Saturday threw out President Donald Trump's second attempt to sue The Wall Street Journal and two of its reporters over a story linking him to Jeffrey Epstein. This time the judge closed the door: the case was dismissed *with prejudice*, which means Trump can't fix his complaint and file it again.

"As with his first attempt, he has failed," U.S. District Judge Darrin P. Gayles wrote in a 20-page order.

## The story Trump sued over

In July 2025, Journal reporters Khadeeja Safdar and Joseph Palazzolo reported that a bawdy birthday letter bearing Trump's name was part of a 2003 album Ghislaine Maxwell compiled for Epstein's 50th birthday. Trump denied writing it and called it "a fake thing." He sued for $10 billion the day the story hit the print edition, naming the two reporters, Dow Jones (the Journal's publisher), News Corp, Rupert Murdoch and News Corp CEO Robert Thomson.

In September 2025, the House Oversight Committee released the birthday book it subpoenaed from Epstein's estate. According to the order, it includes a page matching the Journal's description of the letter. Trump still disputes that he wrote or signed it, and the judge did not decide that question.

## Why the case failed

Under *New York Times Co. v. Sullivan*, a public figure suing for defamation has to show *actual malice*: that the publisher knew the story was false or recklessly ignored whether it was true. Trump had to plausibly claim that at the start of the case. Twice, he couldn't.

His core argument was that once he called the letter fake, the Journal should have killed the story. Gayles rejected that flatly. "But that is not what the actual malice standard requires and runs afoul of the First Amendment," he wrote. If it were the law, the judge added, any public figure could block negative coverage just by denying it.

The Journal printed Trump's denial. Before publishing, it contacted Trump's team, the Justice Department and the FBI, and tried to reach Maxwell and others named in the album. The judge said the story reflected "a thoughtful and detailed investigation" and called Trump's attacks on it "grasping at straws."

## How we got here

Gayles first dismissed the case in April, finding Trump's original complaint fell short on actual malice, and gave him until April 27 to try again. He also refused Trump's request for early discovery into the Journal's reporting before refiling. Trump's team vowed to refile "this powerhouse lawsuit." The amended complaint came May 27\. Saturday's order ends the case in this court.

## What's next

Gayles wrote that Trump's "defamation claims lack merit." He gave the defendants 30 days to ask the court to make Trump pay their attorneys' fees under Florida's or New York's anti-SLAPP law, which protects people sued for speaking on public issues. He hasn't decided which state's law applies.

Trump can still appeal to the U.S. Court of Appeals for the Eleventh Circuit.

### Sources

- [Order dismissing First Amended Complaint, *Trump v. Dow Jones & Co.*, No. 1:25-cv-23232 (S.D. Fla. Oct. 31, 2026)](https://storage.courtlistener.com/recap/gov.uscourts.flsd.693830/gov.uscourts.flsd.693830.80.0.pdf?ref=workersrights.news) (via CourtListener)
- [Trump lawsuit against Wall Street Journal over Epstein birthday letter is dismissed with prejudice](https://www.wsls.com/news/national/2026/10/31/trump-lawsuit-against-wall-street-journal-over-epstein-birthday-letter-is-dismissed-with-prejudice/?ref=workersrights.news), Associated Press
- [US judge dismisses Trump's lawsuit against Wall Street Journal with prejudice](https://www.usnews.com/news/top-news/articles/2026-10-31/us-judge-dismisses-trumps-lawsuit-against-wall-street-journal-with-prejudice?ref=workersrights.news), Reuters via U.S. News & World Report
- [Judge dismisses Trump's $10B lawsuit against WSJ, Murdoch over reporting on ties to Epstein](https://www.local10.com/business/2026/04/13/judge-dismisses-trumps-10b-lawsuit-against-wsj-murdoch-over-reporting-on-ties-to-epstein?ref=workersrights.news), Associated Press (April 2026)
- [Judge Rejects Trump's Defamation Complaint Against WSJ, Rupert Murdoch Over Jeffrey Epstein Drawing](https://www.mediaite.com/media/news/just-in-judge-rejects-trumps-defamation-complaint-against-wsj-rupert-murdoch-over-jeffrey-epstein-drawing/?ref=workersrights.news), Mediaite (April 2026)