Lincoln Project principal Rick Wilson has received a summary judgment against General Mike Flynn, who sued him for god only knows what. Wilson confirmed he will recover attorney’s fees from Flynn, as ordered by the court.
The two statements General Flynn points to in his Second Amended Complaint made by
Mr. Wilson are: (1) a post calling General Flynn a Putin employee; and (2) a retweet that General Flynn is Q.
A judge in the UK has thrown out a suit Trump filed against Orbis Business Intelligence, founded by Christopher Steele of the infamous Steele Dossier. The judge said essentially that the suit was too little too late.
So, assuming Wilson actually tweeted those statements – and they aren’t literally true – aren’t they defamation? Is the defense that they were clearly parody?
(And Asgard forgive me for potentially defending Flynn.)
The judge had two grounds. First the anti-slapp law provides protection for speech related to important issues (paraphrasing). And second, common law defenes:
Here, Mr. Wilson came forward with evidence demonstrating a factual basis from which he made the “Putin employee” and “Q” comments. Perhaps General Flynn does not receive a w- 2 from Vladmir Putin, but he did receive payment from a Russian Federation-controlled entity.
The “gist” and “sting” of the comment is not substantially untrue. Kieffer, 369 So. 3d at 659. Perhaps General Flynn is not the mysterious “Q”, but numerous news articles tie a close link between he and the QAnon movement. Mr. Wilson’s retweet of Mr. Stewartson’s original tweet, at least as it relates to the comment, “FYI, Mike Flynn is ‘Q’.” is unactionable rhetorical hyperbole.
At bottom, Mr. Wilson demonstrated that both the falsity element and the acting on the
falsity element cannot be met by General Flynn at trial. Having done so, General Flynn was required to come forward with evidence to dispute those elements. Mr. Wilson’s comments may not have been polite or fair. The First Amendment, though, does not require either politeness or fairness. Pullum v. Johnson, 647 So 2d 254, 258 (Fla. 1st DCA 1994).
I read that as “A judge in the UK has thrown out a suit Trump filled” and expected the sentence (ha!) to continue along the lines of “without first taking Trump out of the suit”. Was a bit disappointed. Shortly.
I know! How can I fully exult in Trump’s latest misfortune if I didn’t earlier know about the particular case or situation?
I, for one, would have no objection to Trump being immersed in a tank of dry-cleaning fluid while still wearing the suit. A very deep tank, mind you, and for a long time.