‘Clinton Jail’ Comment: Did Donald Trump Commit Slander By Saying Hillary Should Be Locked Up?

The “Clinton jail” comment that Donald Trump dropped on Thursday, June 2, has amped up rhetoric between the two candidates, who will most likely be vying for the presidency come November.

While things can always get vitriolic in the modern political landscape, some are wondering if Trump actually stepped over the line by calling for the Democratic frontrunner to be imprisoned.

The word “slander” has come up a few times since the statement was made, but in reality, “libel” may be more fitting since the comments were broadcast over TV and radio.

Either way, Trump may have committed an act worthy of litigation, so it’s worth backing up to what was actually said.

“I will say this, Hillary Clinton has got to go to jail,” he said in comments to San Jose supporters, as reported here by CNN. “Folks, honestly, she’s guilty as hell.”

From this now infamous “Clinton jail” comment, it’s worth looking at the actual definition of what constitutes slander and libel.

DO NOT PASS GO OR COLLECT $200 Gloves off as Trump shoves back: ‘Hillary Clinton has to go to JAIL!’ https://t.co/rvWV0ciydf

— The Donald News (@TheDonaldNews) June 3, 2016

Slander, according to the Law Dictionary website, is “oral defamation, in which someone tells one or more persons an untruth about another, which untruth will harm the reputation of the person defamed.”

As a civil wrong, or a “tort,” what Trump said could be the basis for a lawsuit. Damages for slander “may be limited to actual damages unless there is malicious intent, since such damages are usually difficult to specify and harder to prove,” the site notes.

“Libel” is pretty much the same thing, only for published comments.

Furthermore, some statements, like an untrue accusation of crime, “are treated as slander per se since the harm and malice are obvious and therefore usually result in general and even punitive damage recovery by the person harmed.”

The actual legal basis of a lawsuit against Trump for the “Clinton jail” comment would have to come from Hillary Clinton herself since she is the target and the person likely to suffer direct damages as a result of what was said.

However, it is unlikely that Clinton would pursue such an action since she has never done anything similar to it before. Trump, on the other hand, has a history of suing people for launching personal attacks, according to this piece from the Daily Beast.

So if the “Clinton jail” comment was on the other foot, you could almost guarantee a lawsuit forthcoming. However, Hillary has kept her attacks focused on Trump’s rhetoric.

Where the Donald could potentially run aground here is that he’s not attacking ideological differences between himself and his opponent.

He’s actually saying that a crime has been committed without the evidence needed for a conviction. That said, Hillary is clearly part of an investigation at the federal level that may or may not conclude with an exoneration.

That’s what makes determining Trump’s libel/slander standing over the “Clinton jail” comment tricky.

Police clashed with protesters outside a rally for Donald Trump in San Diego https://t.co/pLUne6bF23 pic.twitter.com/3WwZ8jTjMf

— The New York Times (@nytimes) May 28, 2016

Could HRC sue Trump as things stand? It’s possible. But it would be in the best interests of all involved if they waited for an outcome from the FBI before A) moving forward; and B) hurling accusations in the first place.

Per the definition of slander, it is possible that Clinton could have a strong case for not only tort, but for punitive damages should she end up losing the election and getting acquitted.

The question at the end of the day is this: how litigious would Hillary Clinton be in the face of a humiliating loss this November?

If history is any guide, not very. But it’s pretty clear that Trump is on shaky legal ground by saying with his “Clinton jail” comment that HRC belongs in prison and has committed a crime.

But what do you think, readers?

Did Trump commit slander/libel, and if so, should Clinton pursue legal action? Sound off in the comments section below.

[Image via Flickr Creative Commons / DonkeyHotey]