Judge Dismisses Michael Wolff’s Preemptive Lawsuit Against Melania Trump
A federal judge has dismissed journalist Michael Wolff’s preemptive lawsuit seeking protection against a threatened defamation case filed by Melania Trump over statements he made about her and Jeffrey Epstein.
U.S. District Judge Mary Kay Vyskocil of the Southern District of New York issued the 45-page decision on May 22, 2026, ruling that the dispute should proceed through ordinary legal channels rather than through Wolff’s attempt to obtain an advance judicial ruling. Melania Trump’s legal team had threatened Wolff with a defamation lawsuit seeking up to $1 billion over his public statements.
The Legal Strategy
Instead of waiting for Trump to file a formal defamation action, Wolff filed his own lawsuit in New York state court seeking a declaration that his statements were not defamatory and that he would prevail in any subsequent claim. The case was removed to federal court in December 2025.
Judge Vyskocil determined that the federal court had subject-matter jurisdiction because Wolff and Trump are citizens of different states and the threatened case involved potentially $1 billion in damages. However, she declined to exercise that jurisdiction under the doctrine of prudential abstention.
The Court’s Decision
The judge wrote that Wolff could not use a separate federal action to litigate his defenses before Trump’s threatened defamation case proceeded through normal legal process. The court also criticized what it characterized as an “inappropriate level of tactical gamesmanship” surrounding the litigation.
Vyskocil’s ruling specifically declined to conduct what she viewed as an advance adjudication of a potential defamation dispute. The dismissal means the court did not determine whether Wolff’s statements were true, defamatory or constitutionally protected.
What Comes Next
Wolff filed a notice of appeal in June, and the case is now before the U.S. Court of Appeals for the Second Circuit under case number 26-1674. According to the appellate docket, Wolff’s opening brief is scheduled to be filed on October 1, 2026.
The Second Circuit could review the district court’s decision to dismiss the case, though the appellate proceeding does not constitute a ruling on whether Wolff’s underlying statements were defamatory. The legal questions surrounding the statements themselves remain unresolved.
This story has been updated. CNN’s legal team contributed to this report.
