A federal judge in Manhattan has thrown out journalist Michael Wolff’s preemptive lawsuit against First Lady Melania Trump, calling his bid to block a threatened billion-dollar defamation case a “contorted” use of the courts.
U.S. District Judge Mary Kay Vyskocil, appointed by President Donald Trump, ruled on May 22, 2026, that Wolff was asking the court to decide a fight that had not yet been properly brought. In a 45-page opinion, she wrote that he wanted “a declaration that, if the first lady sues him, he deserves to win.” That, she said, “is not how the federal courts work.”
Vyskocil did not deny that the two sides have a genuine dispute. She declined to reach the merits anyway. “It’s an inappropriate level of tactical gamesmanship,” she wrote. “The Court will not be conscripted to oversee an abusively presented spat.” The court had jurisdiction: the parties live in different states, and the amount in controversy is large. She chose not to exercise it, and dismissed the case so the dispute could “be litigated like any other.”
The clash began with a demand letter from Trump’s lawyer, Alejandro Brito. The letter accused Wolff of statements that caused “overwhelming reputational and financial harm” and warned that the first lady would have “no alternative” but to sue unless he retracted them. Wolff filed first, in New York state court in October 2025. He asked for a declaration that his remarks were not defamatory and that any suit by Trump would run afoul of New York’s anti-SLAPP statute, which is meant to discourage lawsuits filed to chill speech.
Brito removed the case to federal court and later asked that it be dismissed or sent to Florida, where Trump has since filed her own action. Vyskocil concluded that Wolff had won a “race to the courthouse” and engaged in “textbook bad-faith forum shopping” by trying to litigate New York defenses against a claim threatened in Florida.
Wolff, the author of several books about Donald Trump, argued in his complaint that the president and first lady “have made a practice of threatening those who speak against them” with costly lawsuits “to silence their speech, to intimidate their critics generally, and to extract unjustified payments.” He said he never accused Melania Trump of criminal involvement with Jeffrey Epstein, who died in jail in 2019 while awaiting trial on child sex-trafficking charges.
Last summer, The Daily Beast retracted an article headlined “Melania Trump ‘Very Involved’ in Epstein Scandal: Author,” which drew on an interview with Wolff, after receiving a letter from Brito. In that interview, Wolff described the first lady as “behind the scenes” in the White House’s response, not as a participant in criminal activity.
Melania Trump has repeatedly denied any association with Epstein. At an April press conference she said, “The lies linking me with the disgraceful Jeffrey Epstein need to end today. The individuals lying about me are devoid of ethical standards, humility, and respect.” After the ruling, a spokesperson said she “is 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.”
The first lady has also urged Congress to let Epstein’s victims testify under oath. “Now is the time for Congress to act,” she said. Republican Representative Nancy Mace praised her for standing with victims and supporting legislation against nonconsensual intimate images. Democratic Representative Robert Garcia said he agreed with the call for a public hearing and pressed House Oversight Chairman James Comer to schedule one.
The New York case is closed. Whether Wolff’s statements were defamatory remains for other courts to decide.
