Rob McKenna: Trump’s accusations of libel laws ‘incredibly misleading’

Donald Trump’s plans to “open up” libel laws and make it easier to sue are most likely going to fizzle.

KIRO Radio political analyst Rob McKenna told KIRO Radio’s Dave Ross that when Trump says he’s going to make it easier to sue, “it’s incredibly misleading.” If Trump truly believes that can be done, there’s a chance Trump doesn’t even understand libel laws, he added.

Related: Confusion might be the only weapon to combat Donald Trump’s campaign

“Is he talking about weakening the First Amendment?” McKenna asked. “He talks as if he is going to get Congress to change some sort of statute that governs these cases, and it’s not statutory, it’s constitutional.”

What it comes down to, McKenna says, is Trump just wants to go after news organizations and other politicians who are attacking him.

The “attacks” have continued recently, including when Texas Sen. Ted Cruz called Trump’s case involving Trump University a “fraud case.”

“I want you to think about, if this man is the nominee, having the Republican nominee on the stand in court, being cross-examined about whether he committed fraud,” Cruz said.

McKenna explained that suing Cruz over that statement would be difficult. Using the word “fraud” is hyperbole and doesn’t rise to actual malice. There would need to be proof that Cruz said something he knew to be false and was slander.

The discussion over relaxing libel laws follows Trump’s criticism of newspapers and stories he considers to be publishing “purposely negative and horrible and false articles.”

“We can sue them and win lots of money,” Trump said of how things would be if he had it his way.

McKenna said newspapers and politicians are protected by the First Amendment.