A federal judge in Manhattan has thrown out author Michael Wolff’s lawsuit against First Lady Melania Trump, ruling that his bid for a preemptive court victory over a threatened defamation claim was an improper use of the federal courts.
In a 45-page opinion issued May 22, 2026, U.S. District Judge Mary Kay Vyskocil of the Southern District of New York said the parties have a genuine dispute but must resolve it through ordinary litigation. “Plaintiff asks for a declaration that, if the First Lady sues him, he deserves to win. That is not how the federal courts work,” she wrote. The court found it had jurisdiction because the parties are citizens of different states and the threatened claim sought $1 billion, but it declined to exercise that jurisdiction on prudential grounds.
The fight began after Wolff publicly linked Melania Trump to the late financier Jeffrey Epstein, including comments that she was “very involved” in Epstein’s social circle and related claims about how she met Donald Trump. Melania Trump’s attorney, Alejandro Brito, sent a demand letter seeking a retraction and warning that she would otherwise sue for substantial damages under Florida law. Wolff then filed first in New York state court, seeking a declaration that his statements were protected or misconstrued and invoking New York’s anti-SLAPP statute. The case was later removed to federal court.
Judge Vyskocil criticized what she called “inappropriate” tactical gamesmanship and “blatant forum shopping,” saying she would not be “conscripted to oversee an abusively presented spat.” The ruling did not decide whether Wolff’s statements were defamatory. It left Melania Trump free to pursue a claim in an appropriate forum. A spokesperson for the first lady welcomed the result. Melania Trump has denied any association with Epstein’s crimes, saying she never visited his island, never flew on his plane, and had no knowledge of his abuse.
Wolff, known for critical books about the Trump family, has framed the dispute as a free-speech fight and later appealed the dismissal to the Second Circuit. The decision underscores a basic limit on declaratory-judgment practice: federal courts are not available as a shortcut for would-be defendants seeking an advance ruling that they would win a lawsuit that has not yet been filed.
