NEW YORK â 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 decision before any defamation case had actually been filed against him.
In a sharply worded 45-page opinion issued Friday, U.S. District Judge Mary Kay Vyskocil rejected Wolffâs attempt to obtain a declaration that his statements about Melania Trump were protected speech. The judge acknowledged that the two sides have a genuine legal dispute but concluded that Wolffâs strategy amounted to an improper effort to gain an advantage before conventional litigation began.
âWhile Plaintiff and the First Lady have a real dispute, they must litigate it according to the same procedures as everyone else,â Vyskocil wrote, describing Wolffâs request as an inappropriate exercise of âtactical gamesmanship.â
The dispute stems from comments Wolff made concerning Melania Trump and convicted sex offender Jeffrey Epstein, who died in federal custody in 2019 while awaiting trial on sex-trafficking charges. Melania Trumpâs attorney, Alejandro Brito, subsequently sent Wolff a demand letter calling for a retraction and warning that the first lady could pursue a defamation claim.
According to the lawsuit, Wolff responded by seeking judicial protection before any defamation action was filed. He initially brought the case in New York state court in October, asking for a declaration that his statements were lawful and seeking to prevent a potential defamation lawsuit reportedly valued at as much as $1 billion. The case was later transferred to federal court.
Judge Vyskocilâs decision did not determine whether Wolffâs statements were defamatory or whether they were protected under the First Amendment. Instead, the judge dismissed the case because of the procedural manner in which Wolff attempted to obtain a ruling.
That leaves the underlying dispute unresolved and preserves the possibility that Melania Trump could pursue a separate defamation action through the normal legal process.
A spokesperson for the first lady welcomed the ruling, saying Melania Trump remains committed to challenging what she considers false and defamatory claims about her.
Melania Trump has repeatedly denied any improper connection to Epstein. During an April White House press conference, she said allegations linking her to Epstein were false and emphasized that she had no friendship or involvement with him or Ghislaine Maxwell. She also denied ever visiting Epsteinâs private island or flying aboard his aircraft.
Wolff, meanwhile, has maintained that he did not accuse the first lady of participating in Epsteinâs criminal conduct. He has argued that his comments related to her alleged role in handling matters surrounding the Epstein controversy. A Daily Beast article based on an interview with Wolff was later retracted following legal objections from Brito.
Fridayâs ruling therefore represents a procedural victory for Melania Trump, but it does not resolve the broader dispute. Any future defamation claims will have to be brought separately and evaluated under the ordinary rules governing such cases.
