Dismissed With Prejudice: Why Trump's Epstein Letter Suit Against the Journal Ended
A judge permanently dismissed Trump's defamation suit against The Wall Street Journal over the Epstein birthday letter. What actual malice means, why the case ended before trial, and what an appeal or fee fight could look like.
October 31, 2026 · 3 min read
By Jocelyn C. Stewart
A federal judge in Miami on Saturday threw out President Donald Trump's defamation lawsuit against The Wall Street Journal and Rupert Murdoch over the paper's report on a birthday letter to Jeffrey Epstein. The dismissal is with prejudice. That means it cannot be refiled. Here is what that ruling does, and what it does not do.
The ruling. U.S. District Judge Darrin Gayles found that the amended complaint did not plead "actual malice," The Associated Press, via ABC News reports. CBS News reported the same holding. Both outlets say the judge wrote that the suit tried to "manufacture" flaws in the Journal's reporting.
The story behind the suit. The Journal reported in July 2025 that a sexually suggestive letter bearing Trump's name was part of a 2003 album made for Epstein's 50th birthday, according to both reports. Trump has denied writing it and called the story fake, the same reports say.
A second try. Gayles first dismissed the case in April but let Trump amend it. Trump refiled, and Saturday's order ended that version, the AP and CBS News report. The two outlets differ on the amount at stake: the AP describes a $10 billion suit, while CBS News says it sought $20 billion.
What "actual malice" means. A public figure suing for defamation must show the speaker knew a statement was false or acted with reckless disregard for the truth. Being upset by a story, or denying it, is not enough. At the pleading stage, the complaint has to state facts that make that claim plausible.
Facts about the case in this post come from both outlets named unless one is credited.
Her law firm's website explains how pretrial motions work in military cases, including motions to dismiss.