The pretrial filings in the lawsuit between Meghan Markle and Associated Newspapers, which publishes British tabloids The Daily Mail and Mail on Sunday, have been pretty telling. The lawsuit surrounds a letter Meghan wrote to her father months after the royal wedding. It was published by Mail on Sunday in February 2019. Meghan's attorneys argue it is a copyright infringement since she did not consent to the publication.
Associated Newspapers' legal team argues that Meghan nullified that argument herself. They believe she allowed her friends to speak to People magazine about the letter's publication in an exclusive published three days before Mail on Sunday published excerpts.
Meghan's attorneys are firing back. They say she was unaware her friends went to bat for her in People until it was published. Additionally, they believe that Meghan's friends felt it necessary to defend her because no one from the royal family was. Now the royal family's legal team is weighing in on why action wasn't taken for Meghan.
Associated Newspapers' legal team has tried discrediting arguments made by Meghan Markle's legal team. Meghan's team believes Mail on Sunday's publication of excerpts of a private letter Meghan wrote her father months after the royal wedding violates copyright laws and breaches her privacy.
"Daddy, It is with a heavy heart that I write this, not understanding why you have chosen to take this path, turning a blind eye to the pain you're causing," the excerpt read.
"Your actions have broken my heart into a million pieces — not simply because you have manufactured such unnecessary and unwarranted pain but by making the choice not to tell the truth as you are puppeteered in this. Something I will never understand."
The counterargument is that Meghan nullified any claims to copyright infringement before the excerpts were even published. Associated Newspapers claims Meghan allowed her friends to mention the letter in an interview defending the media attacks against her published in People three days prior to the Mail on Sunday piece. Those friends, referred to in the filings as A, B, C, D, and E, may be called to testify when this goes to trial.
Meghan's legal team replied in filings on June 30 in response to the Associated Newspapers' request for more information. In the filings, they explain that Meghan had no knowledge of her friends doing the interview with People. They note that Meghan's friends wanted to defend her for the simple reason that no one else was doing it.
It is explained in the legal filings when noting Meghan's vulnerability during the time, which coincided with the third trimester of her pregnancy.
"The claimant had become the subject of a large number of false and damaging articles by the UK tabloid media, specifically by the Defendant, which caused tremendous emotional distress and damage to her mental health," the filing reads.
"As her friends had never seen her in this state before, they were rightly concerned for her welfare, specifically as she was pregnant, unprotected by the Institution, and prohibited from defending herself."
It's notable that the royal family's legal team never did formally defend Meghan during the worst onslaught of tabloid attacks against her. No comments were made, aside from those made my Harry or Meghan, in her defense. It's easy to think that it's just the royal family's way of handling things, but when you consider how fiercely they defended Kate Middleton from attacks that were nowhere near as inflammatory, it does seem like something wasn't right there.
The Daily Mail notes that The Times spoke with a source who explained why Kensington Palace didn't release statements on Meghan's behalf. The source explained that they wouldn't push back on or deny negative stories because there was enough truth to them for it to backfire.
"The stories were a drop in the ocean compared to what was going on," the source said.
Of course, the same could be argued about a number of stories about the Cambridges that have been refuted by the palace. The Tatler article, for example, had nothing in it that was inherently false. It did, however, feature unflattering opinions of Kate and her family from her inner circle.
As far as the incidents that were rooted in truth, many were revealed to be much ado about nothing. There were some palace incidents and disagreements that were greatly exaggerated in the press. Some of those reports, like the exaggerations about the cost and details of the Frogmore Cottage renovation, felt like they could have easily been shut down by the royal PR machine.
Critics of Harry and Meghan have held onto the idea of her as some control-hungry monster looking to topple the monarchy. While it might make for an interesting narrative, one thing doesn't quite track. If Meghan had the salacious past full of diva-like behavior that some claim, it would've been outed in her previously very public position as a Hollywood actress.
In recent years more than ever, everyday people have been emboldened to speak out against even the highest A-listers. Not only would she find it hard to find work if she was felt to be as difficult as it's been claimed, but she would be exposed the second she cocked such attitude with anyone unrelated to her payroll.
All of this looks particularly bad when you consider that the royal family is, for all intents and purposes, continuing to use their PR machine to protect Prince Andrew. Despite his clear ties to the disgraced financier and convicted sex offender Jeffrey Epstein, Andrew continues to have a place in the family. Although he's not allowed to conduct official events anymore, it's hard to believe their legal team isn't pulling strings in whatever has kept him in the clear for this long, especially as evidence mounts.
If the recent filings are any indication, the lawsuit between Meghan and Associated Newspapers will be quite the drawn-out ordeal. In the meantime, Harry and Meghan are continuing to enjoy life in Los Angeles despite constant tabloid reports to the contrary. Recently, they were said to be financially stressed because they hadn't made any money since moving to Los Angeles.
While those reports would lead you to believe that's because no one wants anything to do with the couple, the answer is a little more ordinary. Harry and Meghan haven't officially started their next steps not due to lack of interest but due to COVID-19. Like many, the couple's plans have gotten completely sidetracked, and they're waiting until the time is right to move forward.
For better or worse, Harry and Meghan have been freed from the royal family PR machine. Though critics think they can't crack it on their own, the two are doing a fine job of making headlines for all the right reasons and showing they are still dedicated to charities they worked with as royals. The two are not coming out of this scenario the bitter, scorned figures so many hoped they would. For those in their corner all along, there's no surprise there.