House Intelligence Committee ranking member Devin Nunes filed
a $150 million lawsuit in Virginia state court against The McClatchy
Company and others on Monday, alleging that one of the news agency's
reporters conspired with a political operative to derail Nunes'
oversight work into the Hillary Clinton campaign and Russian election
interference.
The filing, obtained by Fox News, came a day after Nunes, R-Calif., revealed he would send eight criminal referrals to
the Justice Department this week concerning purported surveillance
abuses by federal authorities during the Russia probe, false statements
to Congress and other matters.
In March, Nunes filed a similar $250 million lawsuit
alleging defamation against Twitter and one of its users, Republican
consultant Liz Mair. In Monday's complaint, Nunes again named Mair as a
co-defendant, charging this time that she conspired with McClatchy
reporter MacKenzie Mays to spread a variety of untruthful and misleading
smears -- including that Nunes "was involved with cocaine and underage
prostitutes" -- online and in print.
Reached for comment late Monday, Mair directed Fox News to a USA Today op-ed
she penned earlier this week concerning Nunes' previous lawsuit
entitled, "Free speech means I don't have to be nice to Devin Nunes on
Twitter. So why's he suing me?"
A spokesperson for McClatchy told
Fox News late Monday: "We have no comment and stand behind the strong
reporting of The Fresno Bee," the McClatchy-owned publication cited
throughout Nunes' lawsuit.
File-This Oct. 24, 2017, file photo shows House Intelligence
Committee Chairman Rep. Devin Nunes, R-Calif., speaking on Capitol Hill
in Washington. Twitter accounts linked to Russian influence operations
are pushing a conservative meme related to the investigation of Russian
election interference, researchers say. (AP Photo/Susan Walsh, File)
(AP Photo/Susan Walsh, File)
In a March story, the McClatchy DC Bureau reported that Nunes' previous lawsuit against Twitter and some of its users had only "amplified"
the visibility of his critics and the Internet trolls -- including one
named "Devin Nunes' Cow." Fox News is told Mair has not yet received
service of process, including an official copy of Nunes' complaint, in
either litigation.
Nunes' new complaint acknowledged the
sensitivity of filing a defamation and conspiracy lawsuit against
journalists but went on to allege that the defendants had "abandoned the
role of journalist, and chose to leverage their considerable power to
spread falsehoods and to defame" Nunes for "political and financial
gain."
"I'm coming to clean up the mess." — California GOP Rep. Devin Nunes
"They
need to retract everything they did against me, but they also need to
come clean with the American people," Nunes told Fox News' "Hannity"
Monday night. "Retract all of their fake news stories. This is part of
the broader clean-up. Remember, a few weeks ago, I filed against Twitter
-- they're censoring conservatives. McClatchy is one of the worst
offenders of this. But we're coming after the rest of them. I think
people are beginning to wake up now, I'm serious -- I'm coming to clean
up the mess."
The
complaint filed on Monday specifically cited a May 23, 2018 article
published by the Fresno Bee and written by Mays, entitled, "A yacht, cocaine, prostitutes: Winery partly owned by Nunes sued after fundraiser event."
The
article described a lawsuit's allegations of a 2015 party aboard the
yacht involving "25 of the Napa Valley-based [Alpha Omega Winery]'s top
investors, all men — [who] were openly using what appeared to be cocaine
and 'drawing straws' for which sex worker to hire."
That same day, Mays tweeted the article, mentioning Nunes in the same sentence as "cocaine and underage sex workers."
Nunes'
complaint accused Mays of "chos[ing] to emphasize the words 'woman,'
'Devin' and 'cocaine'" in her tweet. But, as Los Angeles Times national
correspondent Matt Pearce noted on Twitter shortly after this article was published,
those three words appear bolded only in the embedded tweet included in
Nunes' complaint -- as they would if a keyword search were performed on
Twitter for the words "woman," "Devin," and "cocaine."
In Mays' original tweet, however, the words are not bolded or emphasized.
Nunes
asserted in the complaint that the event on the yacht was not a
"fundraiser" at all, but rather a cruise resulting from a charitable
donation -- and one that McClatchy knew Nunes had nothing to do with.
"The
McClatchy headline intentionally omitted the word 'charity' and labeled
the event a 'fundraiser' in a clear effort to imply it was a political
fundraising event that a politician like Congressman Nunes would
naturally attend," the complaint stated.
Nunes said another line
in the story was false: "[i]t's unclear … if he [Nunes] was … affiliated
with the fundraiser." The congressman said the winery had told
McClatchy explicitly that Nunes was not affiliated with the event.
Nunes also countered that those aboard the yacht had no connection to the winery and were not investors.
House Intelligence Committee Chairman Rep. Devin Nunes, R-Calif.,
being questioned by reporters on Capitol Hill in February 2017.
(AP Photo/J. Scott Applewhite, File)
Additionally,
"online versions of the story are punctuated by a prominent picture of
Nunes and multiple film clips of him," creating a strong and
misleading implication, repeated by Twitter users and other journalists,
that Nunes was directly involved in the event on the yacht, the
complaint continued.
Defamation law prohibits not only provably
false statements but also heavy implications of falsities that harm
defendants' reputations. However, public figures like Nunes must meet a
high bar to prove defamation and must demonstrate that the defendants
recklessly or intentionally spread falsehoods, rather than merely
negligently.
Virginia, like many other states, includes robust
protections for journalists and other actors accused of defamation in
what is called an "anti-SLAPP statute." SLAPP stands for "Strategic
Lawsuit Against Public Participation."
In his complaint, Nunes
alleged that regardless, defamation law should not shield what he called
a knowing and deliberate effort to "destroy" his reputation. "Indeed,
the entire purpose of every element of the Yacht/Cocaine/Prostitutes
article – the headline, the photo, the film clips, and the text itself –
is to link Nunes to an event that McClatchy actually knew before
publication he had no involvement with," the complaint stated.
A
series of unmentioned "stealth edits" were made to the article
post-publication. The original article stated that the winery serviced
"Russian clients while the congressman was at the helm of a federal
investigation of Russian meddling into the presidential election."
Eventually
the sentence was changed to make it clear that the wine sales to
Russians came years before the Russia probe began: "Nunes' ties to [the
winery] made national headlines last year because it was discovered the
winery sold wine to Russian clients in 2013. The discovery came amid
Nunes' ongoing involvement in a federal investigation of Russian
meddling into the presidential election."
In
other articles, McClatchy also referenced Mair, the political operative
whose LinkedIn profile included the boast that she "anonymously smears"
targets on the Internet. Mair also has said Nunes had "issues" and she
was "going after him."
"The fact is, the [Federal Election
Commission] is not going to look favorably on a dude who uses his
tax-exempt political entity like a personal slush fund, flying himself
to Boston to watch them while apparently engaging in no activity
relevant to the purpose of the political organization,’ said Liz Mair," read one article published by McClatchy DC Bureau on
July 19, 2018. "McClatchy failed to inform readers of Mair’s employment
with Mair Strategies, an opposition research company that, in Mair’s
own words, 'smears' targets for paying clients," the complaint stated.
Protesters held signs as Rep. Devin Nunes visited Fresno, Calif., in March 2017.
(AP Photo/Scott Smith, File)
On July 11, 2018, Mays authored an article that
referred to an "ethics complaint" filed against Nunes by the Swamp
Accountability Project. That group is run by Mair, whom the article
identified only as "a political commentator who formerly worked for the
Republican National Committee."
"Mays concealed the fact that Mair
is an opposition research operative who admittedly smears targets, such
as Nunes, for pay from as-yet anonymous clients," the complaint said.
"This was a crucial omission, since it would have revealed Mair’s
motives and cast grave doubt on her credibility and veracity and on the
credibility and veracity of her handlers."
Even as the editorial board of the Fresno Bee doubled down on the reporting,
Nunes said, other outlets refused to publish similar stories -- in
contrast to McClatchy's willful abandonment of journalistic standards,
the complaint alleged.
One newspaper, the Visalia Times-Delta,
wrote that it "did not pursue the story because editors decided the
lawsuit’s ties to Nunes were tenuous. There were no allegations that
Nunes was involved in any way with the charity event, aside from being
an investor in the winery."
The
complaint also read: "The purpose of the concerted defamation campaign
was to cause immense pain, intimidate, interfere with and divert Nunes’
attention from his investigation of corruption and alleged Russian
involvement in the 2016 Presidential Election. The substance and timing
of the publication of McClatchy’s online articles and the tweets,
retweets, replies and likes by Mair and McClatchy reporters demonstrates
that McClatchy and Mair were engaged in a joint effort, together and
with others, to defame Nunes and interfere with his duties, employment
and investigations of corruption as a United States Congressman."
It
continued: "The attacks on Nunes were pre-planned, calculated,
orchestrated and undertaken by multiple individuals acting in concert,
over a continuous period of time throughout 2018. The full scope of the
conspiracy, including the names of all participants and the level of
involvement of any agents or instrumentalities of foreign governments,
is unknown at this time and will be the subject of discovery in this
action." Fox News' Catherine Herridge contributed to this report.
Sen.
Mitt Romney, once a thorn in the side of President Trump, said Sunday
that Democrats' maneuvers to try getting their hands on the
president's tax returns were “moronic.” “I’d like the president to follow through and show his tax returns,” Romney, R-Utah, told NBC
News' “Meet the Press.” “But, I have to also tell you, I think the
Democrats are just playing along his handbook, which is going after his
tax returns through a legislative action – it’s moronic. That’s not
going to happen.” “So, he’s going to win this victory,” Romney added. “He wins them time after time.”
Sen. Mitt Romney, R-Utah, once a thorn in the side of President
Trump, said Democrats' calls for the president to release his tax
returns were “moronic.”
(Getty/AP, File)
House
Ways and Means Committee Chairman Richard Neal, D-Mass., asked the IRS
last week to provide six years of Trump’s personal tax returns and the
returns for some of his businesses. Neal, one of only three
congressional officials authorized to request tax returns, requested
Trump’s personal and business returns in a letter to IRS Commissioner
Charles Rettig. He asked for returns covering 2013 through 2018. He also
asked for the documents in seven days, setting an April 10 deadline. Trump’s lawyers have argued the Democratic request “would set a dangerous precedent” if granted. Trump
broke with precedent when he chose not to release any tax returns as a
presidential candidate. He said he would not release the information
because he is under audit, something he reiterated last Friday while
visiting the U.S-Mexico border. “I’m under audit. When you’re under audit you don’t do it,” Trump said. IRS officials have said taxpayers under audit are free to release their returns. White House chief of staff Mick Mulvaney on Sunday reiterated Trump’s point, and accused Democrats of engaging in a “political stunt” and wanting “attention.” “That is not going to happen and they know it,” Mulvaney told “Fox News Sunday.” Asked whether he believe Democrats would ever view the president’s returns, Mulvaney replied: “Oh no, never. Nor should they.” Mulvaney
tried to cast the issue of the president’s taxes as old news, saying it
was “already litigated during the election” and the American people
“elected him anyway.” He also said the law provides for lawmakers
to review individual tax returns but “political hit job is not one of
those reasons.” Fox News' Bill Hemmer and The Associated Press contributed to this report.
New Jersey Sen. Cory Booker’s campaign for president announced Sunday it raised over $5 million in February and March, and it had over $6.1 million cash on hand. It
was among the smallest fundraising figures to be disclosed voluntarily
by a Democrat so far, with roughly 10 months left before the start of
primary voting. Six candidates have released totals: Vermont Sen.
Bernie Sanders said he raised $18.2 million; California Sen. Kamala
Harris raised over $12 million; former Rep. Beto O’Rourke raised $9.4
million; and Pete Buttigieg, the mayor of South Bend, Ind., raised $7
million. Booker outpaced only the political newcomer Andrew Yang, who said he'd raised $1.7 million. Booker's average online donation was $34, and 82 percent of people had never donated to any of his campaigns before. The senator announced the figures in an email to supporters. Booker said Sunday he felt“incredible” about the fundraising haul. “Money
is important, but it is definitely not going to be the barometer with
which people make their decisions over who’s going to be the next
president of the United States,” Booker said. “And I’m happy that we
have the resources we need to be in this race.” The Associated Press contributed to this report.
U.S. Customs and Border Protection Commissioner Kevin
McAleenan speaks in Washington, March 6, 2019. President Donald Trump
said in a tweet Sunday that McAleenan will become the acting head of the
Department of Homeland Security, after the resignation of Homeland
Security Secretary Kirstjen Nielsen. (Associated Press)
President Trump revealed in a tweet Sunday
that U.S. Customs and Border Protection (CBP) Commissioner Kevin
McAleenan will become the acting head of Homeland Security, the
sprawling department of 240,000 people, following the resignation of
Secretary Kirstjen Nielsen. McAleenan is a longtime border
officer, reflecting Trump’s priority for the department initially
founded to combat terrorism after the Sept. 11 attacks. Fox News is
told Trump wanted the “toughest cop” around on border security, and
McAleenan fit the bill. Administration sources tell Fox News that
McAleenan needs to be able to handle the politics involved and change
minds on Capitol Hill before he could be seen as potentially taking the
job of DHS secretary permanently. Last month, McAleenan, who as head of CBP was the nation’s top border security official, said the border crisis was at its "breaking point" during a visit to Texas. He reiterated that there are not enough agents to respond.
Kevin K. McAleenan was sworn in as commissioner to U.S. Customs
and Border Protection by then-Secretary of Homeland Security Kirstjen
Nielsen in March 2018.
(U.S. Customs and Border Protection photo by Jennifer Gabris, File)
"That
breaking point has arrived this week at our border," McAleenan said
along the border. "CBP is facing an unprecedented humanitarian and
border security crisis all along our Southwest border, and nowhere has
that crisis manifested more acutely than here in El Paso." Prior to government service, according to his bio,
McAleenan practiced law in California. He received his Juris Doctor
degree from the University of Chicago Law School and a Bachelor of Arts
degree from Amherst College. McAleenan is well-respected by members of Congress and within the administration, and beyond. “Significant
leadership changes today for DHS and CBP. I’m confident Mr. McAleenan’s
experience and knowledge will help us better address the current crisis
on our southern border. #DHS #BorderCrisis #BorderPatrol #CBP” tweeted
U.S. Border Patrol official Matthew Hudak. Fox News' John Roberts and the Associated Press contributed to this report.
The
former acting director of Immigration and Customs Enforcement (ICE),
Thomas Homan, told Fox News on Sunday that President Trump made the
right move replacing Homeland Security Secretary Kirstjen Nielsen with
U.S. Customs and Border Protection Commissioner Kevin McAleenan. Homan, a Fox News contributor, called McAleenan one of the smartest men with whom he has worked. “He knows border issues, and he can hit the ground running,” Homan told Jon Scott on “Fox Report.” “He knows the border... he will start day one.” Nielsen resigned on Sunday amid the administration’s growing frustration over migrants approaching the Mexico border. Trump
thanked her for her work in a tweet and announced McAleenan would be
taking over as acting head of the department. McAleenan is a longtime
border official who is well-respected by members of Congress and within
the administration. The decision to name an immigration officer to the
post reflects Trump’s priority for a sprawling department founded to
combat terrorism following the Sept. 11 attacks. Homan said he blamed Congress and current U.S. law for the border crisis: “We are enticing people to come.” However,
he noted that McAleenan was the kind of man who could tackle the new
wave of migration, which has taxed resources along the border. “He will think outside the box,” Homan said. “Kevin will put his foot on the gas.” Fox News' Jon Scott and The Associated Press contributed to this report.
President Donald Trump waves as he leaves the stage after speaking at
the Republican Jewish Coalition’s annual leadership meeting, Saturday
April 6, 2019, in Las Vegas. (AP Photo/Jacquelyn Martin)
OAN Newsroom
UPDATED 3:10 PM PT – Sat. April 6, 2019
President Trump said the United States’ relationship with Israel is at its highest point in history. Speaking at the Republican Jewish Coalition in Las Vegas today
Saturday, the president touted the historic action his administration
has taken to recognize Israel, and strengthen its place in the world. These moves include last month’s recognition of Israel’s sovereignty
over the Golan Heights, and last year’s opening of the U.S. embassy in
Jerusalem. President Trump also pointed out republicans have not allowed
anti-Semitism to take root in their party, compared to recent comments
by some Democrats. “And now the Democrats have allowed the terrible scourge of
antisemitism to take root in their party and in this country,” said
President Trump. The president’s comments were referring to anti-Semitic tropes made by Minnesota Representative Ilhan Omar. Democrats have been accused of failing to condemn her actions, and
instead allow her to sit on the powerful foreign affairs committee.
Former CIA operative Valerie Plame gestures while testifying on Capitol Hill, in an undated photo. (Associated Press)
Ex-spy Valerie Plame is considering running for an open U.S. House seat in New Mexico after previously saying she would launch a Senate bid.
Plame, a
Democrat, said she will make a decision soon about going after the seat
currently held by Democrat U.S. Rep. Ben Ray Lujan, who is stepping
down to run for the U.S. Senate.
“Right
now, I am going around and meeting with people,” said Plame, a
Democrat. “I have a lot to learn and I would like another opportunity to
serve my country.”
Her decision to focus on the House after indicating interest in the Senate stems from wanting to “continue Ben Ray’s legacy.”
Plame,
55, told media outlets last month that she planned to run a for Senate
seat being held by Sen. Tom Udall, D-N.M., after he announced he would not seek re-election. Plame
has been highly critical of President Trump. In 2017, she crowdfunded
nearly $90,000 to buy a stake in Twitter in an unsuccessful effort to
ban the president from the platform.
The former CIA operative was thrust into the national spotlight when she was outed in
a 2003 column that cited officials with the George W. Bush
administration as sources of a leak. Plame maintained the revelation was
an effort to discredit her then-husband Joe Wilson, a former diplomat
who was critical of Bush's decision to invade Iraq.
Plame wrote a memoir: “Fair Game: My Life as a Spy, My Betrayal by the White House," which was later made into a film. The Associated Press contributed to this report.