MYNORTHWEST POLITICS

Are there legal consequences for politicians who lie even after they’ve been caught lying?

Sep 26, 2024, 2:14 PM

politicians lie...

New York City Mayor Eric Adams exits Gracie Mansion on September 26, 2024 in New York City. (Photo: Stephanie Keith, Getty Images)

(Photo: Stephanie Keith, Getty Images)

New York City Mayor Eric Adams was indicted Thursday on federal charges for taking illegal campaign contributions and bribes from foreign nationals in exchange for favors that included helping Turkish officials bypass a fire safety inspection for a new diplomatic tower in the city.

These contributions and bribes included lavish overseas trips.

On Thursday morning, Adams said he won’t resign, causing KIRO Newsradio host Dave Ross to question whether or not there are any legal consequences for politicians who continue to lie even after they’ve been caught lying.

More from KIRO Newsradio: Homeless encampment returns to Seattle’s Highland Park neighborhood

Short answer, according to former Washington Attorney General Rob McKenna, is no, although it has been tried.

“Washington State and the U.S. Congress tried when they passed the Stolen Valor Act in 2005, which criminalized lying about receiving military honors,” McKenna said on “Seattle’s Morning News.” “Those laws didn’t stick. The Supreme Court struck down the Stolen Valor Act in 2012, finding that it violated the First Amendment, which essentially means that the First Amendment protects the right of politicians to engage in false political speech.”

One lawyer is bringing a criminal case against Donald Trump and J.D. Vance on behalf of spreading false rumors that Haitians immigrants are eating dogs and cats.

“People are wondering why there are no consequences for that, either to them or to the platforms that amplify this lie,” Ross said to McKenna.

“It comes back to the First Amendment. I mean, it would be hard to find someone liable for repeating a rumor that someone else started unless you repeat it knowing that it’s false and with actual malice,” McKenna responded. “In other words, you might have a defamation claim if an individual was defamed. But notice that Vance and Trump aren’t naming any individual immigrants who allegedly ate their neighbor’s pets.”

McKenna described one of Trump’s M.O.s as taking a statement and making the claim even more vague.

“He’ll say something like, ‘Well, I heard that’ or ‘You may have heard that’ or ‘It’s been said,’ and that’s really hard to curtail through any kind of legal action,” McKenna added.

More from Dave Ross: Enough of the broken muffler noise from motorcycles

The difference between this and actual defamation is the person in question has to know the statement is false before propagating it.

“The fact that Trump and Vance are repeating disproven rumors and stories doesn’t make them criminally liable,” McKenna said. “If someone acts on those rumors by calling in a bomb threat or phoning in a physical threat against an individual, those people are liable, but spreading rumors is not a criminal offense.”

Frank Sumrall is a content editor at MyNorthwest. You can read his stories here and you can email him here.

Dave's Commentary

Dave Ross on KIRO Newsradio 97.3 FM
  • listen to dave rossTune in to KIRO Newsradio weekdays at 5am for Dave Ross on Seattle's Morning News.

MyNorthwest Politics

caregivers union SEIU 775 olympia brian heywood...

Charlie Harger

Harger: You think Brian Heywood spends big? A caregivers union in Olympia outspent him on campaigns

The union SEIU 775 likes to note that The Seattle Times once compared it to Boeing and Microsoft and called it one of Olympia's most powerful players.

18 hours ago

uber eats seattle settlement OLS...

Frank Sumrall

Uber Eats to pay $4.4M to more than 14,000 workers after violating Seattle’s labor laws

More than 14,000 Uber Eats workers are set to receive a share of nearly $4.4 million under a settlement with Seattle’s Office of Labor Standards.

18 hours ago

seattle mayor katie wilson recall...

KIRO 7 News Staff

Hearing date set for Seattle Mayor Katie Wilson recall effort

The move to recall Seattle Mayor Katie Wilson from office was assigned to a King County Civil Superior Court judge on Tuesday.

20 hours ago

Bite of Seattle Center shooting...

James Lynch

‘A two-strike approach’: Seattle Center shooting prompts renewed push to toughen juvenile gun laws

The deadly Seattle Center shooting is fueling a renewed push from Representative David Hackney to tighten Washington’s juvenile firearm laws.

1 day ago

Roadless Rule...

Tim Hohl

Trump admin. moves to repeal Roadless Rule, putting 2 million acres of Washington forest at risk

About 2 million acres of national forest land in Washington could lose protections as the Trump admin. moves ahead to repeal the Roadless Rule.

1 day ago

recall katie wilson...

John Curley Show

‘A little outside the bounds of credulity’: Curley questions who’s behind the Katie Wilson recall effort

According to John Curley, Seattle has been here before, and history isn't on the recall petition's side to remove Katie Wilson from office.

3 days ago

Are there legal consequences for politicians who lie even after they’ve been caught lying?