Iowa (Brussels Morning Newspaper) – Donald Trump achieved a significant legal victory as the lawsuit he filed against Iowa pollster J. Ann Selzer and the Des Moines Register was moved from federal court back to Iowa state court. The move follows a strategic withdrawal from federal proceedings and a reinstatement of state-level plaintiffs.
Background of the Lawsuit
Trump initially filed the lawsuit under Iowa’s Consumer Fraud Act, alleging that a poll conducted by Selzer and published by the Des Moines Register before the 2024 presidential election was deceptive. The poll inaccurately showed Vice President Kamala Harris leading Trump in Iowa by three points, despite Trump winning the state comfortably by around 13 points. The complaint accuses the defendants of election interference and “brazen deception” meant to influence voters in Harris’s favour.
The lawsuit began in Iowa state court but was swiftly moved to federal court following challenges by the defendants, including the Des Moines Register and its parent company, Gannett.
Legal Maneuvers and Court Decisions
Trump’s team then attempted multiple times to return the case to state court, claiming that adding Iowa-based plaintiffs U.S. Representative Mariannette Miller-Meeks and former Iowa State Senator Brad Zaun meant the case should remain under state jurisdiction.
However, a federal judge denied this request and removed Miller-Meeks and Zaun from the suit, ruling that their inclusion was a tactic to destroy federal jurisdiction. The judge emphasised this move thwarted legitimate federal oversight and characterised the additions as improper.
After losing this ruling and withdrawing an appeal, Trump’s lawyers voluntarily dismissed the federal complaint and promptly refiled the case in Polk County State Court. The new filing reinstates Miller-Meeks and Zaun back as plaintiffs and largely mirrors the original complaint alleging consumer fraud and election interference.
Reactions from Both Sides
The Des Moines Register’s legal team criticised the refile as a procedural “gamesmanship” designed to avoid federal scrutiny and take advantage of Iowa’s recent anti-SLAPP law protections that discourage frivolous lawsuits aimed at suppressing free speech.
Trump’s legal team insists the move ensures the case is properly adjudicated in state court, which they argue is the appropriate venue due to the plaintiffs’ residency and the nature of Iowa’s consumer protection laws.
Implications of the Legal Shift
The case’s return to state court represents a legal win for Trump, allowing his claims to proceed with state-level plaintiffs included. It avoids federal court’s more stringent jurisdictional standards and potentially more hostile rulings regarding freedom of speech and media protections.
This shift also comes just as Iowa’s new anti-SLAPP law takes effect, reinforcing protections against legal challenges targeting public discourse a key defence point for the newspaper and pollster.
Overview of the Accusations
Trump’s lawsuit accuses Selzer and the Des Moines Register of collaborating with Democratic operatives to produce a misleading poll to create a false narrative of Harris’s inevitability in Iowa. By allegedly distorting voter expectations, Trump claims the defendants engaged in illegal “consumer fraud” impacting the election outcome.
The defendants have argued that polling and news reporting are constitutionally protected activities under the First Amendment and that there is no legal basis for “fraudulent news” claims in U.S. law.
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