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It doesn't matter.
Nothing will happen before the election, and until then he can spin it as suing CNN for spreading lies or something, and get away with it with 0 penalty.
It's a mildly clever stalling tactic.
I wouldn't say zero penalty; his poll numbers are shit. They were before the story leaked, but nobody seems to be Teflon the way Trump is. He's possibly tanking North Carolina down ballot, and could even flip the state for Kamala. His political career is surely finished. It would have been before now if the GOP had their way, they tried really hard to get him to drop out.
Although I do love that CNN dropped this bombshell within something like 18 hours of the deadline for him to drop out.
I've heard rumors that it was leaked by the GOP specifically to get him to drop out before it was too late, but he's a stubborn Trumper, so I hope they're enjoying the beast they created.
If that's true, I'm glad it came back to bite them in the ass. They're reaping what they sowed with years of MAGA.