A Legal Writer’s Response to the Washington Post on Trump

This article in the Washington Post asks: How should the media respond when Donald Trump says something without any basis in fact, like his recent “millions of people who voted illegally” tweet? Here’s how the author describes the problem:

At first, a disturbing amount of that coverage just passes along what Trump is saying, particularly in headlines and brief mentions on television, which often take the form of “Trump says world is flat.” Then the news media find their footing a bit and begin explicitly calling him out for the falsehood. But the more it ends up looking like an argument between Trump and the media, the more that even Republicans who are skeptical of Trump will get pulled to his side, because they’ve long been invested in the idea that the media are hopelessly infected with liberal bias.

I’m not a reporter. I have no experience writing for a newspaper. But this problem immediately brought to mind a similar problem I dealt with as a lawyer: What to do when opposing counsel says something irrelevant, wrong, objectionable, or otherwise problematic in a brief? I think the tactics I used (and other lawyers use!) in that situation might be a helpful framework for thinking about media responses to baseless claims from politicians. Continue reading