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X and Meta Scramble to Settle With Trump

The Atlantic

www.theatlantic.com › politics › archive › 2025 › 01 › trump-meta-x-settlements › 681503

Donald Trump spent decades in business gleefully suing and angrily being sued by his adversaries in civil court. But since winning reelection, he has suddenly posted a remarkable string of legal victories, as litigants rush to settle their cases.

On November 20, 2024, lawyers for Trump and Elon Musk’s company X, filed a joint letter to the Ninth Circuit Court of Appeals in San Francisco without press release or fanfare. That court was expected to rule on the legal merits of a set of 2021 lawsuits that Trump had filed against X, Facebook, and YouTube, alleging that the companies had unlawfully removed his social media accounts under government pressure weeks after the January 6, 2021, attack on the U.S. Capitol.

Oral arguments in 2023 had gone poorly for Trump, and many legal observers saw little hope for him. As recently as August 2024, nearly two years after Musk took over the company formerly known as Twitter, X had filed a brief with the Ninth Circuit arguing that Trump’s case lacked merit and that it had been properly dismissed by a lower court.

[Read: Why Trump won’t stop suing the media and losing]

Now, the attorneys told the court in the November letter, no ruling would be needed in the case. “We write to advise the court that the parties are actively discussing a potential settlement,” read the joint letter, which was also signed by lawyers for Trump’s co-plaintiffs.

The attorneys did not explain the sudden shift in strategy. The merits of the case had not changed, but the broader context had: The litigants were no longer adversaries, and the plaintiff was about to become president of the United States. Musk had just spent more than $250 million to help elect Trump, moved into his Palm Beach property, accepted a position as a transition adviser, and was celebrating his new nickname—“first buddy.” The day before the letter was filed, Trump had appeared in South Texas with Musk to watch the launch of Musk’s latest Starship rocket.

In seeking to settle with Trump, X, it turned out, was at the start of a trend. A series of litigants that have fought the newly reinstated president in court, in some cases for years, have now lined up to negotiate. ABC News and its parent company, Disney, settled with Trump in December.

Meta CEO Mark Zuckerberg, who had been threatened with jail by Trump as recently as September, traveled to Mar-a-Lago on January 10 to negotiate a settlement with Trump in the Facebook case, which named Zuckerberg personally as a defendant. The deal they struck, according to two people briefed on the agreement who requested anonymity to discuss the arrangement, will cost Meta $25 million in damages and legal fees, a remarkable turn of events that coincided with other demonstrations by Zuckerberg of new fealty toward Trump. The Wall Street Journal reported today that $22 million will go to fund Trump’s presidential library, with the rest going to legal fees and the other plaintiffs.

“We don’t have any comment or guidance to offer,” Meta spokesman Andy Stone told me in a text message, before confirming the $25 million settlement.

These agreements stand to give the most litigious president in American history symbolic victories for himself and financial victories for his legacy. The settlement negotiations raise the question of whether Trump is using his new powers to bully his legal opponents into submission, and whether the litigants are seeking to purchase favor as they try to navigate the many regulatory threats from his new government.

Neither X nor the president’s legal team have publicly disclosed the terms of their settlement discussions with Trump, or even confirmed whether the cases have been settled. Ari Horltzblatt, the attorney for X who filed the settlement notice in the Ninth Circuit, declined to comment when reached by phone. The White House did not respond to a request for comment.

Multiple co-plaintiffs with Trump, who filed his 2021 case as class action lawsuits, also declined to comment this week when reached by The Atlantic. “No comment at this time,” Jennifer Horton, a Michigan school teacher who lost her Facebook account after posts that were flagged for COVID misinformation, wrote to me in a text message. “Check back with me later in week. I can’t talk right now,” radio host Wayne Allyn Root, who lost his Twitter account, wrote in an email.

[Paul Rosenzweig: It’s not amateur hour anymore]

Trump based his 2021 legal crusade against the social media giants on the assertion that they banned his accounts because of government pressure, in violation of the First Amendment. His co-defendants, including the feminist writer Naomi Wolf, have claimed substantial financial harm—“at least $1 million,” in Wolf’s case—from having their own accounts banned. The companies have argued that Trump has failed to show clear evidence that their decisions were directly dictated by a government power. Trump’s argument also has been complicated by the fact that he ran the federal executive branch at the time that his accounts were shut down; Joe Biden was still president-elect.

Ironically, some legal observers argue that Trump might now be committing the very sin that he accused Democrats of perpetrating against him—using the power of his incoming presidency to pressure private companies to take actions for his personal benefit. They worry the companies are agreeing to settlements less from fear that they would lose in court than fear that they would win.

“Trump may be doing what he claimed Biden was doing but he never really did,” Eric Goldman, a professor of law at Santa Clara University who has been tracking the X and Meta cases, told me. “If there is a cash settlement, it is because it’s just a staggering economic transaction to buy influence.”

The precedent for such legal surrender was established late last year by ABC News, which had been sued by Trump for defamation; the case concerned comments by the network host George Stephanolopolous that Trump had “been found liable for rape,” when a New York court had found him liable for sexual abuse under state law—though the judge later clarified that the behavior in question was “commonly considered ‘rape’ in other contexts.” ABC News struck a settlement with Trump in mid-December that sent $15 million from parent company Disney to help build his future presidential library and paid $1 million in legal fees, shocking First Amendment attorneys. (Attorneys for Disney had concluded that the case posed substantial risk, The New York Times reported, and that the settlement was a small price to pay to resolve it.)

The Wall Street Journal reported earlier this month that the parent company of CBS News, Paramount Global, was considering a settlement with Trump over his $10 billion claim that 60 Minutes illegally interfered with the election by favorably editing an interview with Vice President Kamala Harris. Paramount is in the process of merging with Skydance Media, a deal that would require approval by Trump appointees. “We have no comment,” Paramount Global spokesman Justin Dini told me in a statement.

Trump has also sued Gannett, the owner of The Des Moines Register, alleging consumer fraud for a poll the Register published before the 2024 election that showed Harris with a lead over Trump in Iowa days before the election. (Trump won the state.) Gannett has signalled that it intends to contest the case in federal court.

The Founding Fathers, for all their foresight, did not concern themselves with the possibility that a future president might use civil litigation to extract money or fealty. The U.S. criminal code does little to prevent the president, who is exempt from its primary conflict of interest provisions, from continuing civil litigation or profiting from court cases once he takes office.

[Read: The strategy behind Trump’s policy blitz]

Richard Painter, the chief White House ethics lawyer for President George W. Bush, told me that the current situation gives enormous power to a president who has indicated a willingness to use litigation to get his way. “What law prevents him from basically extorting media companies? Absolutely no law at all,” Painter said. “These suits are going to settle. It is not just the money he is getting from it. We are going to have the media be cowed by the president of the United States.”

The Trump case against YouTube and Sundar Pichai, the CEO of parent company Google, filed in 2021 with the X and Meta cases, has been lying dormant in a Northern California courtroom since December 2023, pending the outcome of the Ninth Circuit appeal of the case against X.

Musk’s decision to settle before an opinion now opens the possibility that the YouTube case will be revived unless that company too seeks a settlement. Jose Castañeda, a spokesperson for Google, declined this week to comment on the company’s legal strategy.

The Unfightable Fire

The Atlantic

www.theatlantic.com › science › archive › 2025 › 01 › los-angeles-palisades-eaton › 681269

In an ember storm, every opening in a house is a portal to hell. A vent without a screen, a crack in the siding, a missing roof tile—each is an opportunity for a spark to smolder. A gutter full of dry leaves is a cradle for an inferno. Think of a rosebush against a bedroom window: fire food. The roses burn first, melting the vinyl seal around the window. The glass pane falls. A shoal of embers enter the house like a school of glowing fish. Then the house is lost.

As the Palisades Fire, just 8 percent contained this morning, and the Eaton Fire, still uncontained, devour Los Angeles neighborhoods, one thing is clear: Urban fire in the U.S. is coming back. For generations, American cities would burn in era-defining conflagrations: the Great Chicago Fire in 1871, the San Francisco fires of 1906. Then came fire-prevention building codes, which made large city burns a memory of a more naive time. Generations of western firefighters turned, instead, toward wildland burns, the big forest devastations. An urban conflagration was the worst-case scenario, the one they hoped they’d never see. And for a long time, they mostly didn’t.

Now more people live at the flammable edges of wildlands, making places that are primed to burn into de facto suburbs. That, combined with the water whiplash that climate change has visited on parts of California—extraordinarily wet years followed by extraordinarily dry ones—means the region is at risk for urban fire once again. And our ability to fight the most extreme fire conditions has reached its limit. The Palisades Fire alone has already destroyed more than 5,300 structures and the Eaton Fire more than 4,000, making both among the most destructive fires in California’s history. When the worst factors align, the fires are beyond what firefighting can meaningfully battle. With climate change, this type of fire will only grow more frequent.

The start of the Palisades and Eaton Fires was a case of terrible timing: A drought had turned abundant vegetation into crisp fire fuel, and the winter rains were absent. A strong bout of Santa Ana winds made what was already probable fire weather into all but a guarantee. Something—it remains to be seen what—ignited these blazes, and once they started, there was nothing anyone could do to stop them. The winds, speeding up to 100 miles an hour at times, sent showers of embers far across the landscape to ignite spot fires. The high winds meant that traditional firefighting was, at least in the beginning, all but impossible, David Acuna, a battalion chief for Cal Fire, told me: He saw videos of firefighters pointing their hoses toward flames, and the wind blowing the water in the other direction. And for a while, fire planes couldn’t fly. Even if they had, it wouldn’t have mattered, Acuna said. The fire retardant or water they would have dropped would have blown away, like the hose water. “It’s just physics,” he said.

California, and Southern California in particular, has some of the most well-equipped firefighting forces in the world, which have had to think more about fire than perhaps any other in the United States. On his YouTube livestream discussing the fires, the climate scientist Daniel Swain compared the combined fleet of vehicles, aircraft, and personnel to the army of a small nation. If these firefighters couldn’t quickly get this fire contained, likely no one could. This week’s series of fires is testing the upper limits of the profession’s capacity to fight wind-driven fires under dry conditions, Swain said, and rather than call these firefighters incompetent, it’s better to wonder how “all of this has unfolded despite that.”  

The reality is that in conditions like these, once a few houses caught fire in the Pacific Palisades, even the best firefighting could likely do little to keep the blaze from spreading, Michael Wara, a former member of California’s wildfire commission who now directs a climate-and-energy-policy program at Stanford, told me. “Firefighting is not going to be effective in the context we saw a few days ago,” when winds were highest, he said. “You could put a fire truck in every driveway and it would not matter.” He recounted that he was once offered a job at UCLA, but when the university took him to look at potential places to live in the Pacific Palisades, he immediately saw hazards. “It had terrible evacuation routes, but also the street layout was aligned with the Santa Ana winds so that the houses would burn down like dominoes,” he said. “The houses themselves were built very, very close together, so that the radiant heat from one house would ignite the house next door.”

In California, the shift toward ungovernable fires in populated places has been under way for several years. For the former Cal Fire chief deputy director Christopher Anthony, who retired in 2023, the turning point was 2017, when wildfires in populated places in Northern California’s wine country killed 44 people and burned nearly a quarter million acres. The firefighting profession, he told me, started to recognize then that fortifying communities before these more ferocious blazes start would be the only meaningful way to change their outcome. The Camp Fire, which decimated the town of Paradise in 2018, “was the moment that we realized that this wasn’t, you know, an anomaly,” he said. The new fire regime was here. This new kind of fire, once begun, would “very quickly overwhelm the operational capabilities of all of the fire agencies to be able to effectively respond,” he said.

As Wara put it, in fires like these, houses survive, or don’t, on their own. Sealed against ember incursion with screened vents, built using fire-resistant materials, separated from anything flammable—fencing, firewood, but especially vegetation—by at least five feet, a house has a chance. In 2020, California passed a law (yet to be enforced) requiring such borders around houses where fire hazard is highest. It’s a hard sell, having five feet of stone and concrete lining the perimeter of one’s house, instead of California’s many floral delights. Making that the norm would require a serious social shift. But it could meaningfully cut losses, Kate Dargan, a former California state fire marshal, told me.

Still, eliminating the risk of this type of wind-driven fire is now impossible. Dargan started out in wildland firefighting in the 1970s, but now she and other firefighters see the work they did, of putting out all possible blazes, as “somewhat misguided.” Fire is a natural and necessary part of California’s ecosystem, and suppressing it entirely only stokes bigger blazes later. She wants to see the state further embrace preventative fires, to restore it to its natural cycles. But the fires in Southern California this week are a different story, unlikely to have been prevented by prescribed burns alone. When the humidity drops low and the land is in the middle of a drought and the winds are blowing at 100 miles an hour, “we’re not going to prevent losses completely,” Dargan said. “And with climate change, those conditions are likely to occur more frequently.” Avoiding all loss would mean leaving L.A. altogether.

Rebuilding means choosing a different kind of future. Dargan hopes that the Pacific Palisades rebuilds with fire safety in mind; if it does, it will have a better chance of not going through this kind of experience again. Some may still want to grow a rosebush outside their window. After this is over, the bargaining with nature will begin. “Every community gets to pick how safe they want to be,” Dargan said.