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Judge Dismisses Trump's $10 Billion Epstein Letter Suit Against the WSJ and Murdoch a Second Time, With Prejudice

U.S. District Judge Darrin P. Gayles dismissed Trump's $10 billion defamation lawsuit against The Wall Street Journal and Rupert Murdoch on April 13, 2026, over a story on Trump's ties to Jeffrey Epstein.

The defendants had argued that Trump failed to adequately allege that the statements were false or defamatory, actual malice, or special damages for his per quod claim. Judge Gayles ruled on narrower grounds: because Trump “has not plausibly alleged that Defendants published the Article with actual malice, both Counts must be dismissed,” and the defamation per quod claim also failed “for failure to allege special damages.” He declined to decide whether the article was true or defamatory: “Because the Court finds that the Complaint fails to adequately allege actual malice, it declines to address these issues at this juncture.” The dismissal was without prejudice, and the order gave Trump until April 27, 2026 to file an amended complaint.

Trump responded on Truth Social, claiming the decision “is not a termination” but a “suggested re-filing” of his “powerful case,” saying he would refile by April 27. His first amended complaint, in the same case, was docketed on May 27, 2026.

The letter in question showed the silhouette of a woman containing a poem addressed to Epstein, in which Trump allegedly wrote: “a pal is a wonderful thing. Happy Birthday — and may every day be another wonderful secret. Donald J. Trump.” There is also a signature at the bottom of the woman's figure, potentially mimicking pubic hair, reading simply “Donald.”

Trump filed the lawsuit in July 2025, following up on a promise to sue almost immediately after the WSJ published the story. The letter was subsequently released publicly by Congress, which subpoenaed the records from Epstein's estate.

Dow Jones (which publishes the Journal) said they were “pleased” with the decision, adding: “We stand behind the reliability, rigor and accuracy of The Wall Street Journal's reporting.”

Correction (October 27, 2026): this entry presented two of the defendants' arguments, that Trump had not alleged the article was false or defamatory, as findings by the judge. The order, ECF 59, dismissed for failure to plead actual malice (and, for the per quod count, special damages) and “declines to address” truth and defamatory meaning. The summary and key facts have been corrected, a New Republic link that led to an unrelated story was dropped, and the May 2026 filing is now described as the first amended complaint in the same case, docketed May 27.

Update (October 31, 2026): Judge Gayles dismissed the amended complaint with prejudice on October 31, CNBC reported, in a 20-page ruling holding that Trump again failed to plausibly allege that the Journal and the other defendants acted with actual malice. This account rests on CNBC's report; the tracker has not yet reviewed the order itself. “As with his first attempt, he has failed,” the ruling reads, according to CNBC. It continues, “Grasping at straws, the Amended Complaint attempts to manufacture flaws with the investigation,” and says the Journal conducted a “thoughtful and detailed investigation.”

Gayles rejected each of the amended complaint's arguments, including that the Journal did not adequately investigate the letter, omitted relevant details, and published after Trump and his representatives denied it was authentic. Accepting the last, he said, would effectively let public figures block unfavorable reporting, which “runs afoul of the First Amendment.” He did not decide whether Trump wrote the letter. A dismissal with prejudice means Trump cannot file another amended complaint in the district court, but a spokesman for his legal team told CNBC the president plans to appeal: “President Trump will continue to press forward in his powerhouse lawsuit against the Wall Street Journal and all of the other defendants.” Representatives for the Journal and Murdoch did not immediately respond to CNBC.


  • 01Letter: 'may every day be another wonderful secret. Donald J. Trump'
  • 02Letter featured silhouette of a woman with a signature mimicking pubic hair reading 'Donald'
  • 03The court did not decide whether the article was false or defamatory; it "declines to address these issues at this juncture"
  • 04Trump had called the WSJ story 'false, malicious, and defamatory'; the court held he had not plausibly alleged actual malice and left falsity undecided
  • 05Latest in pattern of suing media over Epstein connection and losing
  • 06May 27, 2026: Trump filed a first amended complaint in the same Miami case (ECF 67), reported the next day by Reuters and CNN
  • 07The amended complaint names Rupert Murdoch, Dow Jones, News Corp and CEO Robert Thomson, plus the two WSJ reporters Khadeeja Safdar and Joseph Palazzolo
  • 08Trump's lawyers continued to argue the Epstein birthday card was 'fake' even after lawmakers investigating Epstein's case released it
  • 09U.S. District Judge Darrin P. Gayles dismissed the original complaint without prejudice in April 2026, finding Trump had not plausibly alleged 'actual malice,' the standard for public figures
  • 10The amended complaint attempts to address the actual-malice gap; Reuters and CNN noted the same defendants and the same underlying birthday-card claim
  • 11October 31, 2026: Judge Gayles dismissed the amended complaint with prejudice, finding Trump again failed to plausibly allege actual malice (CNBC; the order itself not yet reviewed here)
  • 12Judge Gayles: "Grasping at straws, the Amended Complaint attempts to manufacture flaws with the investigation."
  • 13Gayles said treating Trump's denial as a bar to publication "runs afoul of the First Amendment"; he did not decide whether Trump wrote the letter
  • 14Trump's legal team told CNBC he will appeal: "President Trump will continue to press forward in his powerhouse lawsuit against the Wall Street Journal and all of the other defendants."

Verified across 7 sources — court documents, news reports