On December 16, former President Donald Trump filed another lawsuit, targeting Iowa pollster J. Anne Selzer alongside the Des Moines Register and its parent company, Gannett Co. This legal action falls under Iowa’s consumer protection statute, which Trump has previously used in an attempt to circumvent First Amendment protections. Details of the lawsuit are available through the reporting from Above the Law.
The litigation revolves around Selzer’s projection that Vice President Harris would win Iowa by a margin of three points, missing the mark by a significant 16-point difference. This resulted in Trump filing a claim for consumer fraud, raising questions about its implications on media freedom. The legal document pertaining to this case can be accessed here.
Gannett, however, sought removal of the case from the Iowa District Court. Leveraging the forum defendant rule found under 28 U.S.C. § 1441(b)(2), Gannett effectuated the case’s move to a federal court. The statute permits removal based on diversity, particularly if no local defendants have been properly joined and served. As Trump’s legal team failed to serve all Iowa parties involved at the outset, Gannett was able to employ this legal maneuver. For more insights into this development, including expert commentary, visit Mark Jaffe’s analysis on Bluesky.
Consequently, the Polk County clerk swiftly closed the state court case, transferring it to the federal docket under Judge Rebecca Ebinger, a former state judge noted for her jurisdictional expertise. Trump v. Selzer is now being overseen by the Southern District of Iowa, with crucial determinations forthcoming on whether a newspaper article might be legally treated as “merchandise” under Iowa’s consumer fraud laws. The case docket can be tracked via Court Listener.
This adjustment to federal court not only shifts the jurisdiction but may also impact the litigation strategy and eventual outcomes of the lawsuit filed against these media entities.