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Eleventh Circuit Rejects Trump’s En Banc Bid in CNNBig Lie’ Libel Case

The unanimous refusal leaves the prior dismissal standing and narrows Trump’s options to a discretionary Supreme Court petition.

Overview

  • All active Eleventh Circuit judges declined to even poll for rehearing, according to a one-paragraph per curiam order.
  • Trump sued CNN in 2022 seeking $475 million over the network’s use of the phrase “Big Lie” to describe his 2020 election claims.
  • In 2023, U.S. District Judge Raag Singhal dismissed the case with prejudice, finding the challenged statements were opinion and that Trump had not shown actual malice.
  • A three-judge Eleventh Circuit panel later affirmed, holding that calling Trump’s claims the “Big Lie” was not a false statement of fact and deeming his arguments unpersuasive.
  • None of the court’s Trump-nominated active judges supported rehearing, and Trump’s remaining path is a Supreme Court petition that would require at least four justices to grant review.