Nunes brought a single claim for defamation under New York law based on (as relevant here) a statement made by Rachel Maddow, host of The Rachel Maddow Show ("TRMS") on MSNBC (owned by NBCUniversal), for which Cory Gnazzo served as the executive producer.
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Gnazzo → bring → producer
In December 2019, Nunes, who was then a congressman and ranking member of the House Permanent Select Committee on Intelligence ("HPSCI"), received something known as the "Derkach Package," from Andrii Derkach—a Russian agent linked to Russian efforts to influence the U.S. presidential election in 2020.
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who → receive → 2020
The Derkach package was the subject of public discussion over a long period of time, including in a declassified Intelligence Committee Assessment that was released on March 16, 2021.
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that → include → March
Two days after that release, on March 18, 2021, Maddow reported on the Derkach package incident, saying on TRMS that Nunes "refused to hand it over to the FBI, which is what you should do if you get something from somebody that is sanctioned by the U.S. government as a Russian agent."
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that → report → agent
Nunes provided the court with evidence that Maddow's statement (the "Statement") was false.
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statement → provide → evidence
More specifically, a former staff member from the HPSCI testified in a deposition that the package, addressed to Nunes, was received by committee staff, placed in a secure location, and turned over to the FBI about two days after its arrival.
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package → testify → arrival
The court held that Nunes hadn't introduced enough evidence that Maddow spoke with "actual malice," which means knowing the statement was false or likely false:
[T]he undisputed evidence showed that Maddow and Gnazzo relied on the earlier-published Politico article and that such reliance cannot support a finding of actual malice.
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reliance → hold → malice
The Politico article stated that the Derkach packets had been sent to four people: Nunes, Senators Graham and Grassley, and then-White House Chief of Staff Mulvaney.
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packets → state → Staff
According to the article, "Graham and Grassley denied having received the material, and Mulvaney and Nunes declined repeated requests for comment.
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Mulvaney → accord → comment
One person familiar with the matter said the information was not turned over to the FBI."
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information → say → FBI
Nunes argues that the Politico reporting does not support Maddow's statement that Nunes "has refused to hand [the Derkach Package] over to the FBI."
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Nunes → argue → FBI
The dictionary definition of "refuse" cited by Nunes includes this meaning: "to show or express an unwillingness to do or comply with."
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definition → cite → unwillingness
According to Nunes, this definition shows that a person can "refuse" to do something only if he is "unwilling[ ] to … comply with" a request that he do so, and there was nothing in the Politico article to indicate that he had received any such request.
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he → accord → request
But that is only one possible scenario covered by those words.
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that → cover → words
Nunes overlooks the other part of the definition that he himself quotes: that a person can be said to have "refused" to do something if he has "show[n] an unwillingness to do" it.
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he → overlook → it
Here, the Politico article clearly indicates that Graham, Grassley, Mulvaney and Nunes were all sent the material in question, and none of them gave it to the FBI.
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none → indicate → FBI
A fair paraphrase of this reporting, that Nunes got the Derkach Package but did not turn it over to the FBI, is that he was not willing (i.e., he refused) to give it to the FBI.
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he → get → FBI
Of course, the Statement did not parrot the Politico article word for word.
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Statement → parrot → word
But "[l]iteral accuracy is not a prerequisite: if we are to enjoy the blessings of a robust and unintimidated press, we must provide immunity from defamation suits where the journalist believes, reasonably and in good faith, that his report accurately conveys the charges made."
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report → enjoy → charges
Maddow and Gnazzo's undisputed reliance upon the Politico article defeats Nunes' defamation claim.
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reliance → defeat → claim
In New York Times v. Sullivan (1964), the Supreme Court held that a defendant's reliance on a responsible source negates a finding of "the recklessness that is required for a finding of actual malice."
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that → hold → malice
"Similarly, this Court has held that where reporters' false statements in an article were based on reliable sources, the defendant could hardly be accused of gross negligence, much less actual malice."
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defendant → hold → negligence
Nunes provided no evidence at the summary judgment stage that provided any basis for a reasonable inference that Maddow or Gnazzo should have regarded the Politico article as unreliable.
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Maddow → provide → article
We therefore agree with the district court's holding that Nunes failed to present evidence that NBCUniversal or its employees acted with actual malice sufficient to defeat summary judgment….
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NBCUniversal → agree → judgment
Elizabeth A. McNamara and Jeremy Chase (Davis Wright Tremaine LLP) represent defendant.
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McNamara → represent → defendant
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