Federal Judge Dismisses Wolff Suit Against Melania Trump as Premature
A federal judge has thrown out author Michael Wolff’s lawsuit against First Lady Melania Trump, finding that the case was filed too early and was not a proper use of the federal courts.
In a 45-page opinion dated May 22, 2026, U.S. District Judge Mary Kay Vyskocil of the Southern District of New York declined to take jurisdiction. She recognized that Wolff and the First Lady have a genuine dispute, but said Wolff’s request for a declaratory judgment—asking the court to rule in advance that he would win any defamation case Melania Trump might later bring—was not how federal courts operate.
“While Plaintiff and the First Lady have a real dispute, they must litigate it according to the same procedures as everyone else,” Judge Vyskocil wrote. “Plaintiff asks for a declaration that, if the First Lady sues him, he deserves to win. That is not how the federal courts work.”
The dispute began after Wolff publicly linked Melania Trump to Jeffrey Epstein, the late financier and convicted sex offender. Melania Trump’s attorney, Alejandro Brito, responded with a demand letter seeking a retraction and warning of a possible defamation suit for substantial damages.
Rather than wait for a lawsuit, Wolff sued first in New York state court. He asked for a declaration that his statements were protected by the First Amendment or had been misunderstood. He also pointed to what he called the Trump family’s pattern of using lawsuits to discourage criticism. The case was later removed to federal court.
After the dismissal, a spokesperson for Melania Trump said she was pleased with the result. The First Lady has repeatedly denied any connection to Epstein or Ghislaine Maxwell. She has said she never visited Epstein’s private island, never flew on his plane, and knew nothing of his crimes.
The court decided the case only on procedural grounds—forum shopping and tactical timing—and did not rule on whether Wolff’s statements were defamatory. Melania Trump remains free to sue in an appropriate court if she chooses.
Wolff, known for critical books about the Trump family, has stood by his reporting and framed the fight as one about free speech and press rights. The ruling highlights the limits of using declaratory judgments to head off defamation claims. Even prominent parties, the judge made clear, must follow ordinary legal procedures rather than seek a preemptive victory in federal court.
