Attorneys for Club for Growth Action, a political arm of the Club for Growth, sent a letter to the Trump Organizations General Counsel Thursday threatening a counter-suit if Trump sues their organization.
If Mr. Trump brought suit on the baseless grounds stated in your letter, Club Action would not hesitate to seek sanctions for abusive litigation under Federal Rule 11 or equivalent rules and, depending upon the forum, under statutes that deter Strategic Litigation against Public Participation (anti-SLAPP statutes), the letter states. Stripped of its purple adjectives, your letter makes two complaints against Club Action. Both complaints are untrue, and neither comes close to the type of knowing and malicious falsehood the First Amendment requires a public figure such as Mr. Trump to establish.
At the heart of the issue is the Club for Growth Action ad stating that Trump supports higher taxes. Trumps lawyers say he no longer holds the position the ad refers to, and will soon be unveiling a plan to lower taxes. (Trump has said, however, he intends to target the hedge fund guys who he feels arent paying their fair share.)
Perhaps the more interesting contention from the Club is this:
You accuse the Club for Growth of trying to extort a million dollars from Mr. Trump in return for its political support. Nonsense. Club Action reports it was Mr. Trump who, last spring, asked to meet with the Club. During the meeting requestsed by Mr. Trump, as reflected in the attached letter to Mr. Trump, the Clubs Mr. [David] McIntosh made clear that the Club and Mr. Trump had important areas of policy disagreement. However, some areas of policy agreement also were identified. Mr. Trump asked how he could support the Club and, upon being informed that a donation would be appreciated, invited Mr. McIntosh to send a follow-up letter through Mr. Lewandowski, who also attended.