General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsJudge tells Devin Nunes' family they have to have evidence of false reporting to sue for defamation
May 13, 2020
By Sarah K. Burris
Rep. Devin Nunes (R-CA) family had an awkward moment in court this week when their defamation lawsuit against Esquire went awry. Defamation is when you knowingly and falsely attack someone. In this case, the U.S. District Judge C.J. Williams had a hard time finding the false information.
According to the Courthouse News Service, Judge Williams, an appointee from President Donald Trump, issued a 20-page ruling that took issue with the original complaint from the Nunes family. He explained that the family has failed to specify how the allegedly defamatory Esquire magazine article was inaccurate.
The story, written by Ryan Lizza, revealed that the Nunes farm actually moved from the congressmans district years ago and theyre now operating out of Iowa. The story became a major talking point in the last election, because Nunes claims that he is a dairy farmer, but Lizza reported that the Nunes dairy farm was halfway across the country from where Nunes was running for Congress.
snip
The Congressman is also suing a Twitter account @DevinCow claiming to be a cow from the Nunes herd. The parody account has poked fun at the Congressman since it was revealed his family moved away from the Congressman. According to the court filing in that case, the cow could not comply with a subpoena because cows do not have thumbs.
snip
https://www.rawstory.com/2020/05/judge-tells-devin-nunes-family-they-have-to-have-evidence-of-false-reporting-to-sue-for-defamation/
------------------------------------------
It looks like they're a whole gaggle of dumbasses.
lame54
(35,130 posts)procon
(15,805 posts)So what's his next dumbass move to prove he's smarter than a cow? That could be too high a bar for him
coti
(4,612 posts)negative allegation, and then "truth" becomes an affirmative defense that itself must be proved by the defendant. That's what makes defamation suits so costly to defendants and tools for harassment.
However, Nunes is a public figure. The standard of proof for defamation of public figures is extremely high- much, much higher than for private individuals- and it makes sense that the first (but not only) thing he would have to do to prove his case is show that whatever was said wasn't true.
MFGsunny
(2,356 posts)rsdsharp
(9,035 posts)is that a false statement is made by the defendant knowing the statement to be false, or with reckless disregard as to the truth or falsity of the statement.
abqtommy
(14,118 posts)school. I don't doubt that your cow could do a better job...
Volaris
(10,260 posts)My TRAFFIC LAWYER would have told me to get the fuck out of his office if I had walked in with that lol. Know why?
He's a traffic atty. He actually GOES TO COURT, and so has a pretty good sense for what kind of bullshit you can get away with in front of a judge, AND WHAT YOU CANT lol.
dmr
(28,321 posts)Nunes is representing a district that he does not live in?
If so, that's not legal. Why are they letting him get away with that? For many reasons, I'd like to see him get his comeuppance.
Or, did I misread this post?
catbyte
(34,165 posts)himself as a "California dairy farmer" but they've been in Iowa for years. His relatives who actually run the farm are in Iowa, not little devin.
dmr
(28,321 posts)I appreciate the explanation. For the longest time, I've heard references to this, but never understood.
He's such a snake. He fits right in with Trump.