Is it true when Trump blames the Biden administration for things and if it’s a lie why can’t they sue him?
Executive summary
Many of the high-profile claims by Donald Trump blaming the Biden administration or alleging massive fraud have been rejected by courts and fact-checkers, and Trump both sues and is sued in federal court; however, whether an allegedly false public statement is legally actionable depends on complex First Amendment and procedural rules that the available reporting only partially documents [1] [2] [3] [4].
1. Are Trump’s blame-claims true or false according to courts and reporters?
A large body of litigation and reporting found that dozens of lawsuits alleging wide-scale fraud in the 2020 election were dismissed for lack of evidence, standing, procedural defects or on the merits, with fact-checkers and major news outlets reporting that courts across the political spectrum rejected many of those claims [1] [2] [5]; Reuters, PolitiFact and Campaign Legal Center coverage documents multiple dismissals and judicial findings that the campaign’s evidence did not prove widespread fraud [1] [2] [5].
2. What happens when these disputes reach court — winners, losers and immunity claims?
Post-election litigation saw more than 50 cases fail to alter results, and judges, including those appointed by Republican presidents, dismissed many of the challenges; some suits were dropped or dismissed on doctrines such as laches or standing while a minority of narrow claims went to merits rulings, exemplified by mixed outcomes in state supreme courts like Wisconsin’s [5] [6] [1].
3. If a claim is false, why doesn’t the Biden administration simply sue Trump?
The sources show that litigation about political speech is legally complicated: defendants in post-election suits have argued First Amendment and official-immunity defenses, and courts have had to consider whether claims are judicially remediable or barred by doctrines like standing and laches [6]. The reporting also reflects that civil redress against political speech faces higher hurdles than ordinary defamation suits because courts protect core political speech and require plaintiffs to clear procedural and constitutional thresholds — the supplied sources document use of immunity and procedural defenses but do not offer a full legal primer on every obstacle to suing for an allegedly false political claim [6].
4. But hasn’t Trump been sued or indicted over related conduct?
Yes: reporting documents that Trump has been both the target of criminal indictments alleging schemes to overturn election results and the subject of civil suits and litigation related to his business practices, while Trump himself has filed high-value suits against federal agencies — for example, a multibillion-dollar suit against the IRS and administrative complaints to the Justice Department — illustrating that both sides use courts aggressively [7] [3] [4] [8]. Prosecutors have alleged that promoting election lies formed part of cases brought by special counsel and state prosecutors [7].
5. What to take away: law, politics and limits of the reporting
The verifiable record in these sources shows many of Trump’s big post-2020 claims failed in court and that legal pushback can and has happened, but the decision to sue over false political statements is not automatic because of constitutional protections for speech, procedural limits like standing and laches, and strategic prosecutorial choices; the sources describe immunity defenses, dozens of dismissed suits, and parallel litigation both by and against Trump without providing a comprehensive catalog of every legal theory the Biden administration could or could not pursue in each instance [1] [6] [7] [4]. The available reporting shows the courts, not headlines, are the arbiter of legal claims, while political remedies such as public rebuttal and electoral consequences operate in parallel — and the coverage does not supply a definitive explanation for why any particular potential lawsuit by the Biden administration was or was not filed, only that such suits and counter-suits are both frequent and legally complex [4] [9].