Court Dismisses Devin Nunes’ Libel Lawsuit Against CNN – GV Wire


A divided federal appeals court in New York on Thursday dismissed a libel lawsuit that former U.S. Representative Devin Nunes had brought against CNN.

In a 2-to-1 decision, the 2nd US Circuit Court of Appeals in Manhattan upheld a lower court judge’s decision last year to dismiss the lawsuit.

Nunes has requested more than $435 million from CNN

The Tulare Republican who quit his seat in Congress to run former President Donald Trump’s social media company alleged that CNN intentionally published a fake news article in November 2019 and engaged in a conspiracy against him to damage his reputation. He claimed more than $435 million in damages.

Nunes claimed the cable news company released a report containing false claims that Nunes was involved in efforts to “smear” then-Democratic presidential nominee Joe Biden and his son, Hunter Biden.

In February 2021, Judge Laura Taylor Swain dismissed the lawsuit, saying the case was governed by California law, which requires a retraction be requested in writing within 20 days of the publication of an article.

CNN’s attorneys said in court papers that Nunes, in a “rush to sue,” overlooked the need to seek a retraction first.

Two 2nd Circuit judges agreed Thursday that California law governed Nunes’ claims and that he “unmistakably failed to comply with that law.” Circuit Judge Steven J. Menashi wrote in a dissent that California law should not be invoked because Nunes had not suffered the greatest damage to his reputation there.

Lawyers claimed CNN knew the statements were false

In court documents, lawyers for Nunes said CNN knew statements made by Lev Parnas and included in their report were untrue.

Parnas, an associate of former New York City Mayor Rudolph Giuliani who served for a time as Trump’s personal attorney, was convicted last fall in Manhattan federal court on charges alleging he had made illegal contributions to politicians that he believed could help his political and business interests.

He is awaiting sentencing for that conviction and for pleading guilty several weeks ago to a charge alleging he conspired to defraud investors in an alleged anti-fraud firm.

Parnas and another co-defendant worked with Giuliani to try to get Ukrainian officials to investigate Biden’s son, prosecutors said. Giuliani said he knew nothing of the men’s political contributions. He has not been charged.

Nunes’ lawsuit said Parnas was telling lies to try to win immunity.

Attorneys for Nunes and CNN did not immediately respond to messages seeking comment.


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