INDEX NO.

153252/2016

FILED: NEW YORK COUNTY CLERK 04/18/2016 10:41 AM

NYSCEF DOC. NO. 1

RECEIVED NYSCEF: 04/18/2016

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF NEW YORK

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Index No.

CHERYL JACOBUS,

Date Index No. Purchased:

Plaintift~
SUMMONS
New York County is
designated by
Plaintiff as the
place of trial

-against-

DONALD J. TRUMP, COREY LEWANDOWSKI,

and DONALD J. TRUMP FOR PRESIDENT, INC.,

Venue is based on
Defendants' residences.

Defendants.

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TO THE ABOVE NAMED DEFENDANTS
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a
copy of your answer, or, if the complaint is not served with this summons, to serve a notice of
appearance on plaintiffs attorneys within twenty (20) days after the service of this summons,
exclusive of the day of service (or within thirty (30) days after the service is complete if this
summons is not personally delivered to you within the State of New York); and in case of your
failure to answer or appear, judgment will be taken against you by default for the relief demanded
in the notice set forth below and in the Complaint.
Dated:

New York, New York

April!&, 2016
Butterman & Kahn, LLP
By: Jay R. Butterman
Attorneys for Plaintiff
219 East 31st Street
New York, New York 10016
(212) 308-7697

Defendants' Address

725 Fifth Avenue

New York, New York 10022

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SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF NEW YORK

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Index No.

CHERYL JACOBUS.
Plaintiff,
V.

VERIFIED COMPLAINT

DONALD J. TRUMP, COREY LEWANDOWSKI,

and DONALD J. TRUMP FOR PRESIDENT, INC.,

Defendants.

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Plaintiff, by her attorneys Butterman & Kahn, LLP, complaining of defendants,
alleges the following:
PRELIMINARY STATEMENT

I.

This is a defamation suit brought by Cheryl Jacobus (hereinafter referred to as

"Jacobus"), a political strategist, public relations advisor, and news media commentator, against
Defendants Donald J. Trump, a businessman, television actor, and politician (hereinafter referred
to as "Trump"), Corey Lewandowski (hereinafter referred to as "Lewandowski"), the national
Campaign Manager of Donald J. Trump for President, Inc., an organization formed to promote a
campaign to elect Trump to the office of President of the United States, and Donald J. Trump for
President, Inc., the campaign organization which is led by Trump and employs Lewandowski
(hereinafter referred to as the "Campaign").

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2.

It is asserted that Trump and his agents intentionally, purposefully, and with full

knowledge of their falsity published defamatory statements unambiguously directed at plaintiff

with the purpose of making her an object lesson to those who might question Trump and his
fitness for otlice, to incite a virtual mob against her, to destroy her reputation, and to bully her
into silence.
3.

The first defamatory statement upon which this suit is predicated was published

by Lewandowski.

Subsequently, two statements on the same subject matter were made by

Donald Trump. The gist and sting of the defamatory statements made by Lewandowski and
Trump were accusations that Jacobus had begged the Trump Campaign for a job with the
Campaign on multiple occasions, but had been turned down by the Campaign (in
Lewandowski's telling), and by Trump himself (in Trump's telling), which caused a scorned
Jacobus to seek revenge against Trump and the Campaign through biased commentary in the
media.

These statements incited a virtual campaign of abuse and harassment against Jacobus,

causmg enormous damage to her career and reputation, significant emotional distress and
holding her up to public ridicule.

These statements by Lewandowski and Trump were also

undeniably false.
4.

In fact, the Trump Campaign actively recruited Jacobus, but boorish behavior by

Lewandowski led Jacobus to conclude that she would not be comfortable working for the Trump
Campaign. Moreover, Jacobus maintained her professionalism after the Trump Campaign's illfated effort to bring Jacobus on board, and Jacobus remained even-handed and objective in her
media commentary, defending Trump at times and criticizing Trump at times. Never did she
sacrifice her integrity or objectivity in retaliation for not being hired by the Trump Campaign, a

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job she did not actively pursue, after a brief, courteous, and professional exploration by her
which was initiated by the nascent Trump Campaign organization.

JURISDICTION AND VENUE

5.

This Court has jurisdiction over defendant Donald J. Trump for President, Inc.,

pursuant to Civil Practice Law and Rules ("CPLR") 301 in that it is a Foreign Not-for-Profit
Corporation duly registered as doing business in the State of New York and has its principal
place of business located at 725 Fifth Avenue, New York, New York.
6.

This Court has jurisdiction over defendant Lewandowski pursuant to CPLR 30 I

in that he is employed by Donald J. Trump for President, Inc., and works in the State of New
York.
7.

This Court has jurisdiction over defendant Trump pursuant to CPLR 301 in that

he is a resident of the State ofNew York

8.

Pursuant to CPLR 503, venue is proper in this county because plaintiff and

defendants currently reside in New York County.

THE PARTIES
A. The Plaintiff Cheryl Jacobus

9.

At all relevant times herein, Plaintiff Jacobus is and was a resident of the City,

State and County of New York. Prior to the ruinous statements giving rise to this suit, Cheryl
("Cheri") Jacobus was a well-known, respected political strategist and public relations

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consultant.

Jacobus was a frequent commentator on political matters on major television news

channels, with over one thousand appearances on Fox News/FOX Business News, and hundreds
of appearances on CNN and MSNBC. She has also appeared as a frequent guest on CBS.com,
CNBC, FBN, HLN, C-Span and other media outlets, offering political opinion and analysis from
the Republican perspective. Jacobus was often quoted in national print publications, including

USA Today, The New York Times, The Washington Post, The Washington Times, Daily Caller,
and Human Events, among others. Jacobus served as an adjunct professor at George Washington
University's Graduate School of Political Management from 2007 to 2010.

Jacobus was a

political columnist at The Hill newspaper from February 2009 through 2013, and is a contributor
to The Hill and the Jewish World Review. Jacobus also participates actively in the American
political arena through posts on Twitter.
I 0.

Jacobus founded Capitol Strategies PR and public affairs in 1998, building a

client base that includes political campaigns, business and labor coalitions, political grassroots
organizations and legislative campaigns. In addition to political campaign strategy, Jacobus had
established substantial expertise in message development, media strategy and training, press
relations

and communications

as well as

services,

policy and

legislative

strategy,

communications and public affairs consulting.

11.

Jacobus managed and advised political campaigns, and was a media spokesperson

at the Republican National Committee. While serving as Communications Director for the
House Education and Workforce Committee after the Republican takeover of Congress in 1995,
Jacobus helped shape policy by incorporating communications strategy into issue development,
as well as directing press relations for the Committee's issues in the Congress and serving as
press spokesperson.

Jacobus served as campaign manager and chief political strategist for

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Wayne Gilchrest in his campaign for Congress in Maryland in 1988. She worked for former
House Republican leader Bob Michel of Illinois and Congressman Roscoe Bartlett of Maryland.
She was communications director for trade associations. She consulted Michael Steele's first
statewide race in Maryland, and after her 2013 move to New Y ark, was hired as consultant to a
New York congressional can1paign.

B. The Defendants
12.

Corey Lewandowski is the national Campaign Manager running Donald Trump's

Campaign to become President of the United States. Lewandowski is employed by Donald J.

Trump for President, Inc., and his place of business is and was at all relevant times herein
located in the City, State and County of New York. Upon information and belief Lewandowski
is a resident of New Hampshire.
13.

Donald J. Trump is a New York based businessman and actor best known for his

role in a television series called The Apprentice.

Trump is currently seeking the office of

President of the United States, and directs the corporate defendant Donald J. Trump for
President, Inc. which employs Lewandowski. Upon information and belief, he is and was, at all
relevant times herein, a resident of the City, State and County ofNew York.
!4.

Donald J. Trump for President, Inc. is and was, upon information and belief, at all

relevant times herein a Virginia Corporation with its headquarters located in the City, State and
Country of New York and is the principal campaign committee for defendant Trump.

Both

defendant Trump and defendant Lewandowski are employed by Donald J. Trump for President,
Inc., and as such the corporate defendant is liable to plaintiff under the doctrine of Respondeat

Superior.

The corporate defendant is authorized to do business, and actually does business, in

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the State of New York, with its principal place of business at 725 Fifth Avenue, New York, New
York.

THE DEFAMATORY STATEMENTS

15.

On January 27,2016, Lewandowski, wrongfully and maliciously intending to

injure and defame plaintiff, caused to be published to and broadcast by the MSNBC "Morning
Joe" television program, the following statement
She [Megyn Kelly] had Cheri Jacobus on yesterday, who, uh, you know, wanted to
talk about Mr. Trump. This is the same person, I'll just tell ya, who came to the
office on multiple occasions trying to get a job from the Trump Campaign, and
when she wasn't hired clearly she went off and was upset by that.
16.

On February 2, 2016, defendant Trump, wrongfully and maliciously intending to

injure and defame plaintiff, caused to be published the following statement on his Twitter
account @rea!DonaldTrump, which at that point was subscribed to by over six million people:
Great job on @donlemon tonight @kayleighmcenany @cherijacobus begged us for
a job. We said no and she went hostile. A real dummy! @CNN
17.

On February 5, 2016, after being informed in detail of the falsity and defamatory

nature of his previous statement via a cease and desist letter from plaintiffs attorney, defendant
Trump, wrongfully and maliciously intending to injure and defame plaintiff, caused to be
published the following statement on his Twitter account @rea!DonaldTrump:
Really dumb @CheriJacobus. Begged my people for a job. Turned her down twice
and she went hostile. Major loser, zero credibility

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18.

The matter so published is false and defamatory, and clearly names the plaintiff

as the subject of the defamatory statement and thus is of and concerning the plaintiff..
19.

In publishing this false and defamatory matter, defendants knew that these

statements were false or failed to ascertain its accuracy, and, instead, published them with
reckless disregard of whether it were true or not.
20.

The statements published by defendants were made with actual malice and with

intent to injure plaintiff in her reputation and profession, thereby making the statements libelous
per se.

STATEMENT OF FACTS

A. The Trump Campaign Recruits Jacobus in May and June of 2015

21.

The incidents giving rise to this lawsuit began on May 17,2015, when the Trump

Campaign began its recruitment of Jacobus. On May 17, Jacobus received an unsolicited
Face book message from Jim Dornan, acting on behalf of the nascent Trump Campaign, stating:
"We should grab drinks or dinner soon."
22.

Dornan followed up the next day with a second message to Jacobus, leading to a

Facebook exchange between Dornan and Jacobus. That exchange, on May 18,2015, plainly
documents that the Trump Campaign was pursuing Jacobus as a communications director, not
the other way around. The exchange resulting from this recruitment effort by the Trump
Campaign is attached to this Complaint as part of Exhibit A. That communication reads in
pertinent part:
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Jim Dornan
Would you consider coming to work for us? We need a top notch
communications director.

Cheri Jacobus
lets sit down and talk abot [sic) it. Are you around tomorrow?

Jim Dornan
Yes. In the afternoon. We started late because LGA was shut down this morning.
Let me get a handle on the schedule.

23.

Jacobus and Dornan continued to communicate along this vein. In response to

this overture from Dornan for the Trump Campaign, a lunch was scheduled for the next day.
Jacobus was to meet Dornan in the lobby ofthe Trump Tower in Manhattan.
24.

The lunch was at a restaurant in the Trump Towers and was attended by Dornan

and Lewandowski. Jacobus had not been informed beforehand that Lewandowski would be
attending. The issues discussed were wide-ranging. Jacobus had doubts about Trump's
credibility as a candidate, and asked many questions. Lewandowski, in turn, asked many
questions of Jacobus. The lunch conversation also included detailed information about the
structure and strategies of the communications efforts planned for the Trump Campaign.
Lewandowski stated that they had a young press secretary with no political experience and that
they really needed help.
25.

At the lunch Lewandowski asked Jacobus, in sum and substance, if she was under

a contract with any of television networks. Jacobus replied that she was not, but would like to
be. Lewandowski responded to this reply by stating that Trump was very close to Roger Ailes,

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the head of FOX, and that after the campaign Trump could probably pick up the phone and get
Jacobus a FOX contract. Lewandowski also noted that Trump was great friends with Bill
O'Reilly of FOX News and Joe Scarborough, host of"Morning Joe" on MSNBC. This
exchange was an obvious attempt to induce Jacobus into considering a position with the
Campaign.
26.

At the lunch Lewandowski openly discussed a Trump "Super PAC." Jacobus was

told that while Dornan was technically working for the Trump presidential exploratory
committee, the plan was for Dornan to move to the Trump Super PAC. They explained that
while Trump was ostensibly self-funding his Campaign, there would still be a pro-Trump Super
PAC. A Super PAC is a special type of Political Action Committee, or "PAC." The term Super
PAC is the commonly used name for what federal election campaign laws more formally denote
as an "Independent Expenditure-Only Political Committee."
27.

At the lunch Lewandowski and Dornan both indicated interest in moving forward

with the process. Lewandowski asked Jacobus to send him an email detailing what Jacobus
would expect as compensation for the position.
28.

Dornan sent a message to Jacobus later on the day of the lunch meeting, stating

that Lewandowski reacted favorably to Jacobus and wanted to meet with her again. Jacobus,
who was unsure of her interest, responded that she had some immediate personal commitments
but would send him an email with her compensation expectations, as she had been urged to do at
the meeting.
29.

On or about May 19,2015, Jacobus sent a professional and courteous email

response to Lewandowski indicating that she was willing to further explore a position with the
Campaign, and provided her salary requirements. The text of this communication is as follows:
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Hi Corey -- So nice meeting you yesterday. I know it's hard to get time for lengthy
lunches and conversation, so I appreciate your time.
I am very intrigued about the CD position. Donald Trump's candidacy is unique (as is
he) and the public and voters are pretty open to him. I think they are comfortable with
him because he seems so comfortable with them -- a seemingly simple concept but quite
powerful. At this point in my career, it could be a welcome endeavor to work with that
particular dynamic.
I am assuming this would be a contract employee situation where I would need to be
responsible for both employer and employee portion of FICA contributions, plus health
insurance. And obviously, I already have an apartment so the campaign would not be
burdened with that cost. Given these factors, I think a monthly fee/salary in the
$18k-$19k (per month) range is appropriate.
1fyou want to move forward and think you might like for me to meet with Mr. Trump, I
am available this week (I have a FOX News taping tomorrow at 5 or so) and can be
t1exible in the earlier part of any day next week. My parents arrive this next Tuesday
mid-afternoon, but they are elderly, so we will not be all that busy:) We have a few
afternoon and evening events planned -- only one each day of their visit.
Additionally, Dornan communicated with Jacobus and proposed another meeting. That text
communication, the accuracy of which, upon information and belief, was confirmed by Dornan
in a phone interview with reporter JeffDunetz of the web site The Lid, is (as published in the
Lid) as follows:
Dornan: "He liked you. I thought it went well."
Jacobus: Thanks for arranging the meeting. I am intrigued and am thinking about what I
would need. I was just reading the Des Moines Register piece
Dornan: TOTAL AGREEMENT!!
Corey wants to sit down with you next week. I just got otT the phone with him. Can you
get away for 30 minutes or so? I know your parents are in town
Subsequently, on June 8, 2015, a second meeting was arranged for the next day. Dornan stated:
Good, Corey wants to see you and this is a good week for that. My get up [sic] tomorrow
morning and leave late Thursday. Give me some times. I'll ping when I get back from
Mass this afternoon."
They agreed to a meeting the next day, June 9'\ at 2 p,m. A copy of a screen shot of the full
Facebook communication is annexed as part of Exhibit A.
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30.

This second meeting was in the Trump Campaign office in the Trump Tower.

Dornan brought Jacobus into the large shared office. Lewandowski arrived and exhibited erratic
and unprofessional behavior. Lewandowski again began discussing with Doman the proTrump Super Pac. Lewandowski asked Dornan if the Super Pac's registration papers had been
filed. It appeared that those filings were the responsibility of someone other than Dornan, and
that Dornan's role would be to serve as the New York and Washington, D.C. contact for the
Super Pac. Jacobus was surprised and concerned that Lewandowski would discuss details of the
Super Pac in her presence, since she was not an employee of the Campaign and had not been
asked to sign a Non-Disclosure Agreement; and such discussion was indelicate. Jacobus was
compelled to asked them why such a Super Pac was even needed, given Trump's strong public
proclamations that his Campaign would be self-funded.

31.

As the subject of the meeting turned to discussion of communications,

Lewandowski became increasingly agitated and rude, speaking in a loud voice and seeming to
lack control. Lewandowski made several inappropriate remarks, bragging about yelling at
Megyn Kelly, a well known journalist, and again bragging about Trump's relationship with
Roger Ailes and insisting, in response to Jacobus' suggestion regarding media coverage, that
they could do whatever they wanted with FOX and had them on their side. Jacobus politely
countered this point by stating that she understood that Ailes let each Fox News show "do its
own thing." Lewandowski stated "You have absolutely NO IDEA how FOX works!"
Lewandowski continued that he and Trump had dinner with Ailes recently and had assurances
that FOX was on board. Jacobus was astonished that Lewandowski would openly make such a
statement to her. Lewandowski then took from his desk drawer a printed copy of an email from
Ailes to Trump in which Ailes communicated to Trump that Trump should let him know what
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FOX could do to help. The printed email included a handwritten note from Trump to
Lewandowski with a notation which stated, in sum and substance, "Corey FYI."
32.

As Lewandowski's agitated and unprofessional behavior grew more intense,

Dornan left. Jacobus likewise thought it wise to extricate herself from the meeting as politely
and quickly as possible, and also excused herself with a professional demeanor.
33.

Lewandowski, apparently recognizing that his behavior was off putting, became

calm and escorted Jacobus to the elevator. Jacobus had already formed the judgment that
Lewandowski was a powder keg and that she could not work for Lewandowski and the Trump
Campaign.
34.

Dornan texted Jacobus after the meeting, stating that he hoped that Lewandowski

had not gotten Jacobus too flustered. She replied that she was not flustered but made it clear to
Dornan that working with Lewandowski would be too difficult.
35.

Trump declared his candidacy soon thereafter, on June 16,2015. Dornan quit the

Trump Campaign shortly after Trump's announcement.

36.

At no point did Jacobus "beg" the Trump Campaign for a job, or even

affirmatively apply for a position with the Trump Campaign, nor was she turned down for a
position. When recruited by the Trump campaign, she agreed to participate in two meetings and
provide her compensation expectations, because she deemed the invitation from the Trump
Campaign to be worth at least those initial conversations. When the second of the two meetings
disintegrated because of Lewandowski's rude behavior, Jacobus extricated herself and left, and
politely made clear to Dornan that she would not be continuing the discussions any further.

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B. The Commentary of Jacobus on the Trump Presidential Campaign

37.

As the race for the Republican nomination for President accelerated, with many

candidates entering the race and heavy news coverage of debates and other campaign news and
events dominating much of the American media, Jacobus was an active participant in media
coverage and commentary, appearing as a frequent television guest and posting comments
through her Twitter account.

The brief and ill-fated recruitment of Jacobus by the Trump

Campaign had no influence whatsoever; she maintained no grudge toward Trump and harbored
no hostility toward him. Rather, during this period Jacobus was professional and even-handed in
her commentary on Trump, "calling it as she saw it," defending his policies and statements in
some instances, and criticizing them in others, as she did with other Republican candidates.
38.

As she would with several of the Republican candidates in the early stages,

Jacobus defended Trump in a CNN appearance in the summer of 20 15, less than two months
after the May meetings between Jacobus and the Trump campaign, when Trump made
controversial statements about immigration and Mexicans. Jacobus stated that people "ignore
Donald Trump's message ... at [their] own peril."

When a liberal analyst on that CNN

appearance criticized Trump as having made what the analyst regarded as racist remarks about
Mexicans, Jacobus interjected with a vigorous defense of Trump. "I'd like to jump in on that,"
Jacobus said. "This is where Donald Trump and the Republicans need to fight back hard: when
people on the Left, including the media, misrepresent what he said. He was talking about illegal
aliens-which is the polar opposite of people who come here legally. And the only way the Left
can make points is when they start calling him and others racist and basically lie about what he
meant." Elaborating in her defense of Trump, Jacobus added that "it seems that's the only way
you can make points-when you misrepresent what he said."
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39.

Conversely, Jacobus was critical of Trump when he made disparaging remarks

about the military service of Senator John McCain. She noted on Twitter that Trump's comments
on McCain "insult[ed) all veterans." Jacobus, along with millions of Americans, were outraged
by Trump's comments regarding POWs, which caused Jacobus to eliminate Trump as a possible
contender for her support for the GOP nomination.

C. October 2015 and the Role of Jacobus and The Washington Post
On the Trump Super PAC Controversy

40.

In October 2015, questions began to emerge about whether Trump and his

Campaign were acting appropriately in relation to the pro-Trump Super PAC, named "Make
America Great Again," parroting one of the distinctive tag lines used constantly by Trump in his
Campaign. This critique was led by journalist Matea Gold of The Washington Post. Jacobus
was interviewed for Gold's articles critical of Trump's relationship with his Super PAC, and was
quoted by Gold in her reportage.
41.

The first Trump Super PAC article written by Gold appeared in The Washington

Post on October 18, 2015, entitled "The inside story of Trump campaign's connections to a bigmoney super PAC." The theme of the Gold article was set forth in its opening paragraphs:
As he brags that he is turning down millions of dollars for his presidential
campaign, Donald Trump has levelled a steady line of attack against his rivals:
that they are too cozy with big-money super PACs and may be breaking the Jaw
by coordinating with them.
"You know the nice part about me?" he told reporters in Iowa in August. "I don't
need anybody's money."
What Trump doesn't say is that he and his top campaign aide have connections to
a super PAC collecting large checks to support his candidacy- a group viewed
by people familiar with his campaign as the sanctioned outlet for wealthy donors.

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The October 18th anicle then went on to describe at length numerous interactions between
Trump, Lewandowski, and the Make America Great Again Super PAC, which was led by a
Colorado businessman and political operative, Mike Ciletti. Gold reponed that Lewandowski
insisted that Trump and the Trump Campaign had done nothing to sanction or encourage or
"give the green light" to the Make America Great Again Super PAC, and had denied even
knowing Ciletti. Gold funher reponed, however, that when confronted with additional evidence,
Lewandowski admitted that he did know Ciletti. Gold reponed that Lewandowski threatened to
sue The Washington Post if it continued to suggest that there were connections between the
Super PAC and Trump.
42.

Following publication of the October 18th anicle, Jacobus addressed this issue in

a series of statements on Twitter. Gold approached Jacobus with questions regarding her
understanding of the Super PAC's role, and Jacobus provided information which was covered in
a October 20,2015 anicle in The Washington Post., which stated:
A New York-based Republican political consultant who was approached for a job
with the Trump campaign told The Post that Lewandowski openly discussed the
role a super PAC would play to suppon Trump's candidacy in two meetings in
the spring.
"The super PAC definitely came up in these conversations," said Cheri Jacobus,
who said she met with Lewandowski in mid-May and early June at the Trump
Tower in Manhattan to discuss a possible job as a communications director.
"He mentioned it as part of, 'This is what's going on, this is when he plans to
announce, the super PAC is in play,"' said Jacobus, who has managed several
congressional races and previously worked for the Republican National
Committee. Lewandowski noted that his meetings with Jacobus occurred before
Trump officially declared his candidacy. Trump's political team eventually
decided to pursue a traditional campaign and not to bless a super PAC, he said.
43.

The statements by Lewandowski which are quoted in the October 20th anicle by

Gold are revealing, in that they essentially validate and confirm Jacobus's account of what
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transpired in the May and June 2015 meetings between Jacobus and Lewandowski.
Lewandowski's defense in The Washington Post was not, tellingly, that Jacobus was factually
wrong in her account of what transpired with regard to the discussions of the pro-Trump Super
PAC, but rather that Lewandowski and Trump had not violated federal campaign Jaws because at
the time of those meetings Trump had yet to officially declare his candidacy.
44.

The Trump Super PAC was ultimately shut down. Upon information and belief,

Jacobus' cooperation with this reportage was a source of the animus from Trump and his
campaign leading to the defamation. On December 4, 2015, Trump made an offensive statement
against Jacobus on Twitter, which is not the subject of this action ..

D. The January 2016 Confrontation and the Defamatory Attack by Lewandowski

45.

In late January, 2016, Trump and FOX News engaged in a showdown over

Trump's insistence that FOX drop Megyn Kelly as a moderator in a presidential debate just prior
to the Iowa Caucuses. Trump took the position that he would boycott the debate unless FOX
took Megyn Kelly off the line-up as a moderator.
46.

On January 26, 2016, CNN's Don Lemon devoted his show to coverage on the

conflict over Megyn Kelly between Trump and FOX. Jacobus was a guest on Lemon's CNN
program addressing this dispute. Other guests included author Bob Beckel, Barry Bennet, a
Trump Campaign adviser, and Bakari Sellers, a CNN contributor. Immediately following a
statement by Bennet, on behalf of Trump, staking out the position that it was a good move for
Trump to not appear on the debate stage, Lemon turned to Jacobus for comment, and the
following exchange occurred:
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LEMON: Cheri Jacobus is shaking her head. Why do you disagree?

CHERI JACOBUS, REPUBLICAN STRATEGIST: Yes, I don't think it's a good
idea for somebody to skip a debate this close to the caucuses. But, look, Donald
Trump is a bad debater. When he is on stage you can tell -- this is why he wanted
the debates to be shorter. He needed to find an excuse. He's got a tenuous lead.
So, he's using the Megyn Kelly manufactured kerfuffle as excuse. What he's
really afraid of is up, being up there facing the voters, facing the press, and facing
his opponents. Because at these debates Donald Trump in some of these
interviews, such as with Wolf Blitzer yesterday, he comes off like a third grader
faking his way through an oral report on current affairs. Everybody knows it, he
knows it. So, he has to - his calculated risk here is: Do I lose more voters if I
show up and show that I'm not quite up on the issues and the've got me figured
out, since this is a real serious debate now as we get closer. Or do I lose more
voters, you know, if I just don't show up and make up this thing? So, he knows
he's going to lose people and he's just figuring, you know what? I'm going to lose
fewer people if I don't show up than if I show up and everybody can see that I am
just not up to par.
LEMON: Does it, do you think he will look -- he'll look like he's taking a stand
against being treated unfairly?
JACOBUS: It's going to seem that way but, look, what I hope is that CNN and
MSNBC and the other networks show a little bit of professional respect and unity
and not let somebody like this, you know, call the shots. And I hope that you
don't air the rally or whatever event he has.
47.

The discussion on the dispute between Trump and Fox and Megyn Kelly

continued on the Don Lemon CNN January 26 program continued among Lemon and his guests,
including Jacobus, for several more minutes, with the participants all reiterating their positions,
and then the program moved on to another topic, concerning the significance of an appearance
by Trump at Liberty University, and an endorsement of Trump by the son of Liberty's founder,
the famous conservative Christian televangelist Reverend Jerry Falwell, by his son, Jerry
Falwell, Jr.
48.

The January 26th CNN segment with Don Lemon continued with spirited debate

among the participants. In the spontaneous banter among the participants, Jacobus took the

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positon that Trump had been up and down in Iowa, that polls were highly uncertain, and that it
was "not over until the fat lady sings."
49.

The day immediately following the CNN appearance of Jacobus on the Don

Lemon show, Lewandowski and the Trump Campaign launched their cynical and knowingly
false defamation crusade against Jacobus. The defamation began on January 27, 2016, with a
phone call by Lewandowski to the MSNBC "Morning Joe" television program. In response to a
question put to Lewandowski by Joe Scarborough, Lewandowski stated:
She [Megyn Kelly] had Cheri Jacobus on yesterday, who, uh,
you know, wanted to talk about Mr. Trump. This is the same
person, I'll just tell ya, who came to the office on multiple
occasions trying to get a job from the Trump Campaign, and
when she wasn't hired clearly she went off and was upset by
that.

50.

On February 2, 2016, Jacobus agam appeared on CNN with Don Lemon.

Kayliegh McEnany appeared on the program as well, as a surrogate and defender of Trump. The
discussion was about Donald Trump's claims that he was self-funding and that people didn't
appreciate him for that, even though he has a donate button on his web site and Don Lemon
noted that the CNN Politics team looked into it and approximately one-third of campaign funds
have come from someone other than Donald Trump. Jacobus noted that there had been a Trump
Super PAC, the campaign lied about it, and then shut it down, as per published news reports. She
noted, again from published news reports, that the Trump campaign had approached GOP
billionaire donors Sheldon Adelson, Paul Singer and the Koch brothers for campaign donations
and that they had all declined. That evening, following the program, Trump sent out a message

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on Twitter, falsely claiming that Jacobus had begged for a job from the Trump Campaign and
was turned down.

Trump tweeted the following message:

Great job on @donlemon tonight @kayleighmcenany @cherijacobus begged
us for a job. We said no and she went hostile. A real dummy! @CNN

51.

In the immediate wake of the defamatory attacks on Jacobus launched by

Lewandowski and continued by Trump to his more than 6 million Twitter followers, Jacobus
was inundated with an avalanche of vicious ridicule and scorn. The attacks went viral on social
media and the Internet, as Trump loyalists, and upon information and belief Twitter accounts
controlled and coordinated by the Trump Campaign, heaped disparagement and condemnation
on Jacobus. Jacobus was berated as a whore, a bitch, forgetting to take her medicine, a nutcase,
and a lightweight unworthy of being on the air. The attacks by Trump's followers were laced
with sexual degradation and pornographic vulgarity. Photographs of Jacobus were posted with
gruesomely altered features.

She was depicted in numerous graphic illustrations as an

appropriate victim for rape and sexual assault, including images of Jacobus bent over naked
being raped from behind.

She reported many of these to Twitter and the accounts were

suspended in many cases. An illustrative compendium of the vicious assaults on Jacobus, further
ruining her reputation, is attached to this Complaint as Exhibit B.
52.

On February 3, 2016 Jacobus' then lawyer sent a "cease and desist" letter to

Lewandowski and the Trump Campaign. POLITICO published a report on the letter on February

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4, 2016, for which they contacted Lewandowski and a campaign spokesperson. A copy of the
Cease and Desist letter is annexed hereto as Exhibit C. Yet two days later, on February 5, 2016,
Donald Trump, ignoring the cease and desist demand and with full knowledge of the falsity of
his statement, again tweeted defamatory false information:

Donald J. Trump @reaiDonaldTrump Feb 5

Really dumb @CheriJacobus. Begged my people for a job. Turned her down twice and she
went hostile. Major loser, zero credibility!

53.

In an article on February 26, 2016, The New York Times chronicled the vicious

victimization suffered by Jacobus as a result of the attacks on her reputation by Lewandowski

and Trump in an article entitled, "To Fight Critics Donald Trump Aims to Instill Fear in 140Character Doses," written by New York Times journalists Alexander Bums and Maggie
Haberman. A copy of the article is annexed hereto as Exhibit D. The opening paragraphs of the
New York Times February 26 article accurately summarized the abuse and intimidation suffered

by Jacobus as a result of the attacks:

Cheri Jacobus, a Republican political strategist, did not think she had done
anything out of the ordinary: On a cable television show, she criticized Donald J.
Trump for skipping a debate in Iowa in late January and described him as a "bad
debater."

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But then Mr. Trump took to Twitter, repeatedly branding Ms. Jacobus as a
disappointed job seeker who had begged to work for his campaign and had been
rejected. "We said no and she went hostile," he wrote. "A real dummy!" Mr.
Trump's campaign manager told the same story on MSNBC's "Morning Joe."
Mr. Trump's Twitter followers, who number about six million, piled on. For days,
they replied to his posts with demeaning, often sexually charged insults aimed at
Ms. Jacobus, including several with altered, vulgar photographs of her face.
"Cheri is a nutcase," wrote @LegendaryTrump. Another Twitter user,
@stocked wood, wrote, "How the hell does a woman like her get on the air???"
With his enormous online platform, Mr. Trump has badgered and humiliated
those who have dared to cross him during the presidential race. He has latched
onto their vulnerabilities, mocking their physical characteristics, personality
quirks and, sometimes, their professional setbacks. He has made statements, like
his claims about Ms. Jacobus, that have later been exposed as false or deceptive
-only after they have ricocheted across the Internet.
Many recipients of Mr. Trump's hectoring are fellow politicians, with paid staff
members to help them defend themselves. But for others, the experience of being
targeted by Mr. Trump is nightmarish and a form of public degradation that they
believe is intended to scare off adversaries by making an example of them.
A similar summary of the plight of Jacobus was published on March 4, 2016 in the

Financial Times, in an article by author and journalist Gilllian Tett, entitled "An
Appetite for Aggression.", Tett wrote:
A couple of weeks ago, Trump criticized Cheri Jacobus, a Republican strategist
who spoke negatively about him on TV; the comment was then retweeted in more
extreme forms, creating a phenomenon akin to the type of cyber bullying more
normally seen in school -you might call it a cyber flash mob.

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54.

The defamatory attacks also had a devastating impact on Jacobus' media

appearances. Bookings on cable news and opinion programs were cancelled, and requests for
new bookings all but dried up. She became "damaged goods," persona non grata, demoted from
a network regular who appeared on news outlets such as FOX, FOX Business News and CNN
several times a week during the presidential campaign season to complete oblivion, with almost
no television appearances whatsoever. The last television appearance by Jacobus on CNN was
on February 2, 2016, and she has had few other television opportunities since the first Trump
statement.

AS AND FOR A FIRST CAUSE OF ACTION FOR LIBEL PER SE AGAINST

DEFENDANTS TRUMP AND DONALD J. TRUMP FOR PRESIDENT, INC.

55. Plaintiff repeats andre-alleges paragraphs I through 54 of this complaint, inclusive,

as if fully set forth herein.
56.

On February 2, 2016, defendant Trump, wrongfully and maliciously intending to

injure and defame plaintiff, caused to be published the following statement on Twitter:
Great job on @donlemon tonight @kayleighmcenany @cherijacobus begged us for
a job. We said no and she went hostile. A real dummy! @CNN

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57.

On February 5, 2016, after being informed in detail of the falsity and defamatory

nature of his previOus statement via a cease and desist letter from plaintiffs then-attorney,
defendant Trump, wrongfully and maliciously intending to injure and defame plaintiff, caused to
be published on Twitter the following statement:
Really dumb @CheriJacobus. Begged my people for a job. Turned her down twice
and she went hostile. Major loser, zero credibility

58.

The statements were false and defamatory.

59.

Trump made these statements with actual malice, knowing that they were false or

acting with reckless disregard for their truth or falsity.

60.

The statements were of and concerning Jacobus as it identified plaintiff by name.

61.

The statement unambiguously accuses Jacobus of unprofessional conduct in the

course of practicing her profession, and was intended to injure and did injure plaintiffs
reputation in her industry, to the extent that she lost specific promotional and professional
c,pportunities, including, but not limited to, bookings on CNN, and as such the statements
constitute libel per se.
62.

Trump committed the acts complained of while employed by Donald J. Trump for

President, Inc. and in the course of his employment, and Donald J. Trump for President, Inc. is
therefore jointly and severally liable to plaintiff under the doctrine of Respondeat Superior.

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63.

By reason of this defamation, plaintiff was greatly injured in her character and

reputation as a political strategist and public relations consultant, suffered abuse and harassment,
as well as great pain and mental anguish, and has been and will be deprived of gains and profits
from the practice of her profession.

Defendants are liable to plaintiff for actual and

compensatory damages, damages for injury to her professional reputation and damages for
emotional distress. As a result of the above, plaintiff has been damaged in an amount to be
determined by a court but in no circumstances less than the sum of two million ($2,000,000.00)
dollars.
64.

As the injury was caused willfully, wantonly, and with actual and common law

malice, plaintiff is entitled to punitive damages in an amount to be determined by a court.

AS AND FOR A SECOND CAUSE OF ACTION FOR LIBEL PER SE AGAINST

DEFENDANTS LEWANDOWSKI AND DONALD TRUMP FOR PRESIDENT, INC.

65. Plaintiff repeats andre-alleges paragraphs I through 64 of this complaint, inclusive,

as if fully set forth herein.
66.

On January 27, 2016, Lewandowski, wrongfully and maliciously intending to

injure and defame plaintiff, caused to be published to and broadcast by the MSNBC "Morning
Joe" television program, the following statement:

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She [Megyn Kelly] had Cheri Jacobus on yesterday, who, uh, you know, wanted to
talk about Mr. Trump. This is the same person, I'll just tell ya, who came to the
office on multiple occasions trying to get a job from the Trump Campaign, and
wheu she wasn't hired clearly she weut off aud was upset by that.

67.

The statement made was false and defamatory.

68.

Lewandowski made these statements with actual malice, knowing that they were

false or acting with reckless disregard for their truth or falsity.

69.

The statement was of and concerning Jacobus as it identified plaintiff by name.

70.

The statement unambiguously accuses Jacobus of unprofessional conduct in the

course of practicing her profession, and was intended to injure and did injure plaintiff's
reputation in her industry, to the extent that she lost specific promotional and professional
opportunities including but not limited to bookings on CNN, and as such the statement
constitutes libel per se.
71.

Lewandowski committed the acts complained of while employed by Donald J.

Trump for President, Inc. and in the course of his employment, and Donald J. Trump for
President, Inc. is therefore liable, jointly and severally, to plaintiff under the doctrine of
Re;pondeat Superior.

72.

By reason of this defamation, plaintiff was greatly injured in her character and

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reputation as a political strategist and public relations consultant, suffered abuse and harassment
as well as great pain and mental anguish, and has been and will be deprived of gains and profits
from the practice of her profession.

Defendants are liable to plaintiff for actual and

compensatory damages, damages for injury to her professional reputation and damages for
emotional distress, As a result of the above, plaintiff has been damaged in an amount to be
determined by a court, but in no circumstances less than the sum of two million ($2,000,000.00)
dollars.
73.

As the injury was caused willfully, wantonly, and with actual and common law

malice, plaintiff is entitled to punitive damages in an an1ount to be determined by a court.

WHEREFORE, Plaintiff demands judgement against the defendants as follows:

A. A judgment for damages against Defendants Lawandowski and Donald J. Trump for
President, Inc., in an amount to be determined by a court but in no circumstances less than the
sum of two million ($2,000,000.00) dollars;
B. A judgment for damages against Defendants Trump and Donald J. Trump for President, Inc.,
in an amount to be determined by a court but in no circumstances less than the sum of two
million ($2,000,000.00) dollars;
C. Punitive Damages against all parties in an amount to be determined by the court,

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D. The costs, fees and disbursements of this action, and

E. For such other and further relief for the plaintiff as the Court deems just, fair and equitable.

Dated: New York, New York

April 17, 2016

Jay R. Butterman, Esq., of Counsel

Butterman and Kahn, LLP
Attorneys for the Plaintiff Cheryl Jacobus
219 East 31" Street
New York, New York 10016
(212) 308-7697

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VERIFICATION

STATE OF NEW YORK, COUNTY OF NEW YORK, ss.

I, CHERYL JACOBUS, am the Plaintiff in the within action for libel. I have read
the foregoing Complaint and know the contents thereof. The contents ofthe Complaint are true to
my own knowledge, except as to those matters therein stated to be alleged upon information and
belief, and as to those matters I believe them to be true.

Sworn to before me
on April 17, 2016

Notary Public

JAY R. BUTTERMAN
Notary Public, State of New York
No. 02BU4955356
Qualified in New York County
Commission Expires September 15, 20j_

29 of 29

FILED: NEW YORK COUNTY CLERK 04/18/2016 10:41 AM

NYSCEF DOC. NO. 2

INDEX NO. 153252/2016

RECEIVED NYSCEF: 04/18/2016

FILED: NEW YORK COUNTY CLERK 04/18/2016 10:41 AM

NYSCEF DOC. NO. 3

INDEX NO. 153252/2016

RECEIVED NYSCEF: 04/18/2016

FILED: NEW YORK COUNTY CLERK 04/18/2016 10:41 AM

NYSCEF DOC. NO. 4

INDEX NO. 153252/2016

RECEIVED NYSCEF: 04/18/2016

Barket Marion Epstein & Kearon. LLP

Attomcys at Law
5 Columbus Circle, Suite 710
Ne\v York New York 10019
[P[212.972.17l0

6G6 Old Country Road, Suite 700

Garden C1ty. New York 11530
IPI516.745.l500IFI5l6.745.l245

iScnd mail to Garden CilJ]

\'lrww.barkdmarion.com

February 3, 2016

via ELECTRONIC MAIL

& :FIRST CLASS MAIL
Donald J. rrump
Corey R. Lewandowski
Donald J. Trump for President. Inc.
Headquarters
725 Fifth Avenue, Fifth FL
New York. NY 10022

Re:

Cheryl Jacobus, Cease-and-Desist

Mr. Trump and Mr. Lewandowski:

This firm represents Cheryl Jacobus in connection with a false and defamatory statement
Mr. Lewandowski uttered on MSNBC's "Morning Joe" on January 27, 2016, which Mr. Trump
then repeated on Twitter on February 3, 2016. We are writing to demand that Mr. Trump, Mr.
Lewandowski, and Donald J. Trump for President. Inc., CEASE-AND-DESIST from making
any funher statements of like-kind about Ms. Jacobus, which, as described more fully below, are
malicious. damaging, and slanderous per se.
As you are aware, Ms. Jacobus is a political strategist who appears frequently on
nationally syndicated news channels to provide republican-based political analysis and insight.
She was a vocal supporter of John McCain's presidential campaigns in 1999-2000 and in 2008,
and she has continued providing commentary on the pending republican primary race.
On May 17, 2015, Ms. Jacobus received an unsolicited Facebook message from a thensoon-to-be member of Donald Trump's presidential exploratory committee, Jim Dornan. 'We
should grab drinks or dinner soon," the note ended. Shortly thereafter~-again unsolicited Mr.
Dornan asked Ms. Jacobus whether she would "consider coming to work for us," adding, "[w)e

need a top notch communications director.'' The pair, Dornan and Jacobus, set up a lunch you
(Mr. Lewandowski) then attended-- -during which Ms. Jacobus was asked to provide her salary
requirements. She provided them in a follow-up letter expressing her gratitude, and you
ultimately convened once more.
After the second meeting, Ms. Jacobus infom1ed Mr. Dornan that she was not interested
in working for you. But this did not affect her professional objectivity. For instance, less than
two months after the meetings she appeared on CNN to discuss Donald Trump's candidacy. And
not only did she issue your campaign repeated praise-including that people "ignore Donald
Trump's message ... at [their] own peril"---but she then came to Trump's vigorous defense when
a Left-leaning analyst accused him of making racist remarks about Mexicans: "I'd like to jump
in on that," Ms. Jacobus said. "This is where Donald Trump and the Republicans need to fight
back hard: when people on the Left, including the media, misrepresent what he said. He was
talking about illegal aliens --which is the polar opposite of people who come here legally. And
the only way the Left can make points is when they start calling him and others racist and
basically lie about what he meant." Continuing her defense of Trump, she added that "it seems
that's the only way you can make points- when you misrepresent what he said."'
For Ms. Jacobus. Trump's candidacy became unpalatable later on-when he provided his
now-infamous quip on Senator John McCain's status as a war hero. She believed his comments
"insult[ edj all veterans," as she noted on Twitter. 2 And thereafter, when Mr. Trump eschewed
the late-January Republican debate, she again appeared on CNN to discuss his candidacy. "1
don't think it's a good idea for somebody to skip a debate this close to the caucuses," she opined.
"But, look, Donald Trump is a bad debater .... [H]e comes off like a third grader faking his way
through an oral report on current affairs."
On January 27, 2016----one day after Ms. Jacobus's comments on Mr. Trump's debate
skills, but over hall~a-year removed from her meeting with you---you (Mr. Lewandowski)
phoned into MSNBC and stated (falsely) that Megyn Kelly "had Cheri Jacobus on yesterday,''
and (f~tlsely again) that Ms. Jacobus "came to the office on multiple occasions trying to get a job
from the Trump Campaign, and when she wasn't hired clearly she went off and was upset by
that'd Here is your objectionable statement in full:
[Megyn Kelly] had Cheri Jacobus on yesterday, who, uh, you
know, wanted to talk about Mr. Trump. This is the same person,
I'll just tell ya, who came to the office on multiple occasions trying
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A vailab!c at: https:-hnobi lc.twitter.com cherijacobLtsistatus '6548267124 84 7493 12
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2

to get a job from the Trump Campaign, and when she wasn't hired
clearly she went ofT 2-nd was upset by that.
Donald Trump then echoed :his sentiment on Twitter, stating to his 5.9 million followers
that Ms. Jacobus "begged us f(Jr a job. We said no and she went hostile. A real dummy!"
These statements are not only false, but they impugn Ms. Jacobus's professional integrity
as a political commentator. And they do so through your reckless disregard for the truth
namely, that Ms. Jacobus does not base her opinions on your campaign on job discussions you
had with her back in May; in fact, she continued defending Mr. Tmmp even after those meetings.
And she did not "c[o ]me to the office on multiple occasions trying to get a job from the Trump
Campaign," but, instead, received an unsolicited request by Jim Dornan to meet with her. which
she accepted, for a job she ultimately told Mr. Dornan she did not want.
New York law is clear that oral "statements ... that tend to injure another in ... her trade,
business or profession" constitute "slander per se." See, e.g, Epifani v. Johnson, 65 A.D.3d 224,
233-34 (2d Dept. 2009). See also Liberman v. Gelstein, 80 N.Y.2d 429,434-35 (1992). As the
First Department has explained in the context of libel, such profession-related per se defamation
arises simply when a statement "imput[es] ... any kind of ... dishonesty, ... unfitness or want of
any necessary qualification .... " Four Star Stage Lighting, Inc. v. Merrick, 56 A.D.2d 767, 768
(1" Dept. 1977).

By impugning Ms. Jacobus's status as an objective and serious political commentator,

your live-television statements to t\1orning Joe and follow-up "Tweets" were per se defamatory
because they painted her as petty and biased in a profession permitting neither. As the First
Department explicitly held in 2001 in a case involving an author (rather than a commentator), a
defendant's misrepresentations give rise to an adequately pled tort when it "reflect[s] on [a
plaintiffs] status as a serious \\Titer." Rail v. Hellman, 284 A.D.2d 113, 113 (!''Dept. 2001).
Likewise, the Third Department has found adequate defamation-pleadings when representations
cast a shadow on a ''businessman [as being] not entirely honest[.]" Grimaldi v. Schillaci, I 06
A.D.2d 728, 729 (3d Dept. 1984). Yet here, your depiction of Ms. Jacobus fits both these
molds- casting her as unserious and dishonest.
While Ms. Jacobus likely qualifies as a "public figure" susceptible to a higher standard
for pleading slander, that is not a license for you to lie about her. Instead, any leeway you had to
make false statements about her faded when you uttered the above-described falsehoods with
either (a) "spite or ill will," or (b) "knowledge that the statement was false or [with] reckless
disregard of whether it was false or not." Liberman v Gelsrein, 80 N.Y.2d 429, 437-38 (1992)
(internal references omitted). Again, your statements qualify under both these standards--clearly spiteful, made in the immediate aftermath of Ms. Jacobus's interview on CNN; and made

with at least reckless disregard for the truth, given that much of the accurate picture of Ms.
Jacobus's dealings with the Trump Campaign is within your personal knowledge. And at
minimum, you possess that personal knowledge now.
Accordingly, accept this letter as notice that the above-identified statements are false and
injurious, and any violation of this cease-and-desist demand will be treated in Court accordingly.

Sincerely,

r
A. Barket, Esq.
arket Marion Epstein & Kcaron, LLP
BAB:lr