Judge Throws Out Michael Wolff’s Preemptive Lawsuit Against Melania Trump (5/25/26)

Summary

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The Epstein Chronicles

Episode: Judge Throws Out Michael Wolff’s Preemptive Lawsuit Against Melania Trump

Date: May 25, 2026
Host: Bobby Capucci

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Episode Overview

This episode examines a recent legal skirmish involving author Michael Wolff and former First Lady Melania Trump. Wolff attempted to preemptively shield himself from a potential billion-dollar defamation lawsuit from Melania Trump, based on his public statements about her and alleged links to Jeffrey Epstein. A federal judge has now thrown out Wolff’s preemptive lawsuit, insisting both parties follow standard legal procedures. Host Bobby Capucci breaks down the court’s rationale, the wider implications for free speech, and sheds light on the credibility of the players involved.

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Key Discussion Points & Insights

The Lawsuit and Its Dismissal

• Initial Background

  • Michael Wolff, known for writing about Donald Trump, made statements linking Melania Trump to Jeffrey Epstein.
  • After being threatened with a $1 billion defamation suit, Wolff filed his own lawsuit seeking a court declaration that he wasn’t guilty of defamation.
  • Wolff requested that if Melania sued, she should be liable for legal fees and damages (01:00–02:30).

• Judge’s Ruling

  • U.S. District Judge Mary Kay Vyskocil dismissed Wolff’s attempt, calling his strategy a “contorted attempt to prevent her from suing” and criticizing his “inappropriate level of tactical gamesmanship” (03:30).

  • Judge stated both parties must litigate “according to the same procedures as everyone else”—no special privileges due to fame or wealth (02:12, 03:15).

    "There should be no special privileges because it's the first lady or somebody famous. The court should be blind and procedure should be procedure."
    — Bobby Capucci (01:30)

  • The dismissal is not with prejudice, so the case could be refiled if pursued within the boundaries set by the judge (05:10).

• Jurisdiction and Legal Maneuvering

  • Wolff originally filed in state court using anti-SLAPP (Strategic Lawsuit Against Public Participation) laws to claim protection against lawsuits meant to silence critics.
  • Melania’s lawyer, Alejandro Brito, pushed for jurisdiction changes and ultimately for dismissal—a common “venue shopping” tactic (05:30).

The Players: Motivations and Credibility

• Michael Wolff’s Claims

  • Capucci expresses skepticism about Wolff’s repeated claims of possessing “information about Epstein” that he never fully publishes.

  • He describes Wolff as someone who keeps himself in the media mix while possibly lacking solid evidence (01:28–02:00).

    "He has all this information about Jeffrey Epstein... and never releases any of it, but somehow puts himself directly into the mix on a regular basis."
    — Bobby Capucci (01:43)

  • Capucci cautions listeners against taking at face value the promises and teaser claims from media figures like Wolff, especially when driven by new book launches and increased profile (11:30, 13:45).

• Melania Trump’s Response

  • Spokesperson Nick Clemens describes Melania as fighting “malicious and defamatory falsehoods.” Capucci notes the irony given the Trump family’s own litigiousness (06:50).

    "That's rich coming from somebody with the last name Trump, huh? Talk about pilfering the American public hand over fist."
    — Bobby Capucci (07:10)

  • In April 2026, Melania gave a White House statement denying any Epstein connection and condemning “unfounded and baseless lies” (08:00).

    "The lies linking me to the disgraceful Jeffrey Epstein need to end today."
    — Melania Trump, prepared remarks (08:10)

Free Speech, Defamation, and Evidence

• Capucci underscores the importance of evidence in such public accusations, separating opinion from substantiated fact (10:50–12:00).

  "You can't pass it off as fact... You can't be out here saying 100% this happened if you don't have evidence of it. A lot of people have forgotten that."
  — Bobby Capucci (12:45)

• He notes that Wolff claims his statements were either opinion or misquoted, and that the Daily Beast retracted a piece based on his comments after legal threats—undermining Wolff’s position (12:00–13:00).

• Capucci is particularly critical of both Wolff and the Trumps, characterizing the dispute as “like having two terrorist groups come to the table... you don't really believe what either side is saying” (02:40).

Larger Context: The Epstein Connection

• While discussing the seriousness of any connection to Epstein, Capucci concedes there is “certainly some smoke and... a lot of connections” but also stresses the absence of publicly verifiable evidence linking Melania Trump’s marriage to Epstein’s circle (08:30, 13:00).
• He challenges Wolff to present any concrete proof of his “bombshell claims,” especially those involving sex, private jets, and Trump’s inner circle (13:45).

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Notable Quotes & Memorable Moments

• “It’s like having two terrorist groups come to the table. Right? You’re happy they're negotiating, but you don't really believe what either side is saying.”
  — Bobby Capucci (02:40)

• “Nobody should be throwing around allegations... without any kind of evidence, especially in this case. I think we've reached a point where nobody who's serious about what's going on is listening to ‘Trust us, bro’... Nobody wants to hear it.”
  — Bobby Capucci (04:04)

• “All these people that you see on the circuit going on all these shows, they're doing it to get a bag, to increase their profile. It's not because they care about the case. So I'd be very, very cautious of all those kinds of people.”
  — Bobby Capucci (13:28)

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Timestamps for Important Segments

• 01:00 – 02:40: Lawsuit background, Capucci's skepticism about Michael Wolff
• 03:15 – 05:10: The judge’s dismissal and reasoning
• 07:00 – 08:10: Melania Trump’s response and Capucci's commentary on the Trump family
• 10:50 – 13:00: Free speech, defamation, and why evidence matters
• 13:00 – 14:00: The importance of substantiating bombshell claims
• Throughout: Critical perspectives on “celebrity-driven” media coverage of Epstein

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Tone & Style

Capucci maintains a direct, skeptical, and sometimes biting tone, aiming to cut through media narratives and legal posturing. He blends legal analysis with frank commentary, directly challenging the credibility and motives of both Michael Wolff and the Trumps, always urging listeners to demand evidence and due process.

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Summary prepared for listeners who want the salient facts, controversy, and legal background around Michael Wolff, Melania Trump, and the ongoing shadow of Jeffrey Epstein’s legacy.

Transcript

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[Podcast Host]

What's up everyone and welcome to another episode of the Epstein Chronicles. Michael Wolf and Melania Trump have been in a legal tug of war over comments made by Michael Wolf about Melania Trump and Jeffrey Epstein. Well, now the judge has thrown the lawsuit out stating that Michael Wolf contorted his attempt to prevent her from suing him for a billion dollars. However, at the same time, the judge agreed that Michael Wolf and the first lady do have a real dispute, but he said that they have to litigate it according to the same procedures as everyone else. And to my opinion, that seems fair. There should be no special privileges because it's the first lady or somebody famous. The court should be blind and procedure should be procedure. So let's dive into this article from NBC News and let's see what they have for us. Headline Judge Throws out Author Michael Wolfe's lawsuit against Melania Trump. This article was authored by the Associated Press. So it looks like NBC is just running an Associated Press article and there is no author to attribute it to. So we're gonna say. Staff a judge threw out Michael Wolf's lawsuit against first lady Melania Trump on Friday, ruling that his contorted attempt to prevent her from suing him for $1 billion over his statements about her and Jeffrey Epstein is not how the federal courts work. And I know a lot of people like Michael Wolf these days. I'm not one of them because I think he's been playing games for too long. Says he has all this information about Jeffrey Epstein has all this video, all these, you know, notes, whatever, and never releases any of it, but somehow puts himself directly into the mix on a regular basis. So I have my doubts about Michael Wolf, but with that said, I don't think that he should be sued by the first lady or the president over a free speech issue. Now, if he's defaming her or has nothing to back up what he's saying, that's a different story. But I'm not too sure just how much evidence Michael Wolf has. And for me, it's like having two terrorist groups come to the table. Right? You're happy they're negotiating, but you don't really believe what either side is saying. Judge Mary Kay Voskasil in federal court in Manhattan chided Wolf for an inappropriate level of tactical gamesmanship and said she will not be conscripted to oversee an abusively presented spat. And I don't blame her. I wouldn't want games being played in my courtroom either. And it's up to the judge to rein that in. Now, the judge has also filed a 45 page memorandum explaining why they denied the request and threw it out. And at some point, we're going to get to that, too. Or at the very least, the part where she explains why she threw it out. The judge, who was appointed by President Donald Trump, agreed that Wolf and the first lady have a real dispute, but said they must litigate it according to the same procedures. And as everyone else. Well, that's fair. You don't get any kind of special privilege because you're rich or you're famous. Well, you shouldn't. It should be the same procedure for every single person. Wolf sued Melania Trump last October after her lawyer, Alejandro Brito, told him in a letter that she would be left with no alternative but to sue him if he didn't retract statements that the lawyer said had caused her overwhelming reputational and financial harm. Yo, look, if Michael Wolf is lying about Melania Trump and her ties to Jeffrey Epstein, he should face penalties for that. Nobody should be throwing around allegations and saying this one was introduced to that one without any kind of evidence, especially in this case. I think we've reached a point where nobody who's serious about what's going on is listening to Trust us, bro, or my anonymous source or I heard from, I heard from, I heard from. Nobody wants to hear it. Wolf wanted a judge to declare that he did not defame the first lady and that were she to pursue a lawsuit against him, she would be liable for costs, fees and unspecified monetary damages. So he was looking for a preemptive strike and he was looking to give himself some armor. And in case he did get sued by Melania Trump, Wolf originally sued in state court, New York, under a law barring lawsuits designed to silence critics. Such lawsuits are known as slaps or strategic lawsuits against public participation. Brito then had the case transferred to federal court and later sought to have it dismissed or moved to federal court in Florida. And they'll do that a lot. They'll look for a better jurisdiction and it's called venue shopping, but it's something that's within the boundaries to a certain point. The judge in her 45 page decision said that while the federal court does have jurisdiction, she was declining to exercise it and dismisses this case to be litigated like any other. So it wasn't with prejudice. That means that the case can be refiled, but it's going to have to be within the boundary set by the judge. Nick Clemens, a spokesperson for Melania Trump, said she's proud to continue standing up to and fighting against those who spread malicious and defamatory falsehoods as they desperately try to get undeserved attention and money from their unlawful conduct. Boy, that's rich coming from somebody with the last name Trump, huh? Talk about pilfering the American public hand over fist. And I also find it humorous that you have these people out here yelling about everyone's a communist, everyone's a socialist, but you have the Trump administration buying pieces of companies and what are we, China? In April, Melania Trump made a statement at the White House denying any affiliation with Epstein, the millionaire financier and convicted sex offender who killed himself allegedly in jail in August 2019 while awaiting trial on sex trafficking charges. Reading prepared remarks, the first lady said that she and her lawyers were fighting back against unfound and baseless lies that suggested she had ties to Epstein. And look, I don't know one way or the other. I'm not going to sit here and make pretend. I know, but there's certainly some smoke and there's a lot of connections. Does that mean that Melania Trump was introduced to her husband by Jeffrey Epstein? No, it doesn't. But it's certainly something that is worthy of investigating. And if Michael Wolfe has some information and some evidence, he should provide it. But I guess he couldn't tease a new book if he did that, huh? Gotta hold something back, right? Gotta make those Fazuls. Gotta get that bag. The lies linking me to the disgraceful Jeffrey Epstein need to end today, Melania Trump said, the individuals lying about me are devoid of ethical standards, humility and respect. I do not object to their ignorance, but rather I reject their mean spirited attempts to defame my reputation. You mean like your husband's doing to the survivors themselves? Maybe you should have a talk with Donnie Diddles and read him your speech because that's the audience that needs to hear it. In his lawsuit, Wolf argued that the Trumps have made a practice of threatening those who speak against them with costly legal actions to silence their speech, to to intimidate their critics generally and to extract unjustified payments and North Korean style confessions and apologies. Well, that all tracks. I've never seen a president sue people the way Donald Trump does. It is absurd.

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Talk about a man who's soft as baby. All that bravado, all that tough talk, only to be soft as hell. He said that the threats were designed to create a climate of fear in the nation so that people cannot freely or confidently exercise their First Amendment rights. Wolf has published a dozen books, including four bestsellers about the president. Well, that kind of goes right in the face of it, right, buddy? You have how many books about Donald Trump talking shit about him? So. So what do you mean that you can't express your First Amendment rights? Seems to me that you've been doing that. Now, the question is, are you telling the truth about Melania Trump? That's really what it comes down to. And if you are, let's see the evidence. But if you're not, it's going to be a problem for Michael Wolf. And that problem comes to the tune of about a billion dollars. Wolf said in the lawsuit that Melania Trump's threat to sue him was related to statements he made the Daily Beast and in three social media videos. Some statements were incomplete phrases and were taken out of context. He said, well, I don't know about that. Michael Wolf has had a lot to say about the Trumps, and whether it's true or not, there's no doubt he's been able to say it. Now, has he gone too far? I don't know. It all comes down to the evidence. And if he has evidence backing up what he's saying, then he's going to be fine. But if not, well, I guess we'll see that, too. Others, the lawsuit said, were protected speech. For instance, the statement that the Trumps were in a sham marriage trophy marriage was a fair, justified statement of opinion. It said, okay, opinion, not fact. Nothing to back it up. Just saying his opinion, and that's cool. He's allowed to have an opinion, but you can't pass it off as fact. You have to say, look, as far as I know, or this is my opinion, you can't be out here saying 100% this happened if you don't have evidence of it. A lot of people have forgotten that. It's not what you know, it's what you can prove. And with all of the big statements made by Michael Wolf, I'm very interested to see what he can prove. The lawsuit noted that Wolf never said Melania Trump was involved in any of Epstein's crimes. In July 2025, after receiving a letter from Brito, the Daily Beast retracted an article titled Melania Trump very involved in Epstein Scandal author that was based on an interview with Wolf. So not looking good for Mr. Wolf when you have something get pulled by the publisher. Not a good look. Wolf in his lawsuit said his comments pertain to the first lady's involvement last year, managing the matter, being behind the scenes at the White House. Not that she was involved in any of Epstein's crimes. So he's walking it back. This is what I told you about Michael Wolf. Be very, very cautious. All these people that you see on the circuit going on all these shows, they're doing it to get a bag to increase their profile. It's not because they care about the case. So I'd be very, very cautious of all those kinds of people. Among other statements Wolf said were true, were those his comments about Melania Trump meeting Donald Trump and Epstein's social circle and that Donald Trump liked to have sex with his friends wives and first slept with Melania Trump on Epstein's private jet? Again, bombshell claims. Let's see some proof. So we'll see what Michael Wolf has to say moving forward here and if he provides the proof that he says he has. But as of now, I have my doubts about Michael Wolf and just exactly what he knows. All the information that goes with this episode can be found in the description box.

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