By Matthew Russell Lee, Patreon
BBC - Guardian UK - Honduras - ESPN
SDNY COURTHOUSE, Dec 16 – General Michael Flynn's brother Jack, general manager of a seafood processing business in Rhode Island, was linked with Qanon by CNN and sued.
On October 22 U.S. District Court for the Southern District of New York Magistrate Judge Sarah L. Cave, whose work on criminal cases in the SDNY Magistrages Court Inner City Press covers monthly issued a 43-page Report and Recommendation, dismissing the claims with prejudice, but denying CNN's request for attorneys' fees and costs. Report here.
While some report that Judge Cave ruled that Jack Flynn and his wife Leslie share the views of Qanon, in the Order Judge Cave seemingly equated following an account on Twitter - as for example Inner City Press follows accounts of the murderous governments of Cameroon and Nigeria to report on them - with being a follower.
Judge Cave wrote: " For the 'ordinary sense' of a word, the Court may consult its dictionary definition. Id. The Merriam-Webster Dictionary’s definition of “follower” includes, as is relevant here, “one in the service of another[,]” “one that follows the opinions or teachings of another[,]” “one that imitates another[,]” or “one who subscribes to a feed especially on social media[.]”6 The second and third of these definitions are most applicable here."
On fees, Judge Cave concluded "[b]ecause the Flynns’ claims were not frivolous, unreasonable, or without any foundation, an award of fees, costs, and expenses is not appropriate here... The parties shall have fourteen (14) days (including weekends and holidays) from service of this Report and Recommendation to file written objections pursuant to 28 U.S.C. § 636(b)(1) and Rule 72(b) of the Federal Rules of Civil Procedure."
On November 5, the Flynns filed their objection to the report, including that Judge Cave "fails to accept the Flynns' allegations as true and improperly resolves virtually all disputed facts in favor of CNN... Leslie Flynn never 'liked Tweets' that express support for QAnon."
On the other hand, the Flynns say Judge Cave "correctly concludes that the Flynns are private individuals and that CNN's false and defamatory statements are of or concerning the Flynns." So there's that.
Then it move before Judge Gregory H. Woods, who on December 16 ruled the CNN's motion to dismiss was DENIED in part - stating that "the tweets do not preclude the Flynns' allegation that CNN was negligent."
The case is Flynn, et al. v. Cable News Network, Inc., 21-cv-2587 (Woods / Cave)
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