NEW YORK — A federal judge has dismissed a preemptive lawsuit filed by author and journalist Michael Wolff against First Lady Melania Trump, ruling that he improperly sought a court declaration before an actual defamation lawsuit had been filed against him.
In a sharply worded 45-page opinion issued Friday, U.S. District Judge Mary Kay Vyskocil rejected Wolff’s request for a ruling that his statements about the first lady were protected speech. While acknowledging that the dispute between the two sides is genuine, Vyskocil concluded that Wolff attempted to use the courts to gain a strategic advantage before conventional litigation began.
“While Plaintiff and the First Lady have a real dispute, they must litigate it according to the same procedures as everyone else,” Vyskocil wrote, characterizing Wolff’s approach as “tactical gamesmanship.”
The legal battle stems from comments Wolff made involving Melania Trump and convicted sex offender Jeffrey Epstein, who died in federal custody in 2019 while awaiting trial on sex-trafficking charges.
Melania Trump’s attorney, Alejandro Brito, sent Wolff a demand letter seeking a retraction and warning that the first lady could pursue a defamation claim. Wolff responded by filing his own lawsuit, seeking protection before any defamation action was formally brought.
He initially filed the case in New York state court in October, seeking a declaration that his statements were lawful and attempting to prevent a potential defamation lawsuit reportedly seeking as much as $1 billion. The case was subsequently transferred to federal court.
Judge Vyskocil’s ruling did not determine whether Wolff’s statements were defamatory or whether they were protected by the First Amendment. Instead, the case was dismissed on procedural grounds, leaving the central dispute unresolved.
A spokesperson for Melania Trump welcomed the ruling, saying the first lady remains committed to challenging statements she considers false and defamatory.
Melania Trump has repeatedly denied having any improper connection to Epstein. She has said allegations linking her to him are false and denied being his friend, visiting his private island or traveling aboard his aircraft.
Wolff has maintained that he never accused Melania Trump of participating in Epstein’s criminal conduct and has defended his comments as relating to her alleged role in matters surrounding the controversy.
The ruling represents a procedural victory for Melania Trump, but the broader legal dispute is far from over. A separate defamation lawsuit could still be filed and would then be evaluated under the ordinary rules governing such claims.
