By Matthew Russell Lee, Patreon
SDNY COURTHOUSE, Feb 8 – 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, 2021 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.
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 November 5, 2021 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."
Jump cut to November 23, 2022, when Judge Cave held a conference on discovery disputes. Inner City Press thread here:
Flynns' lawyer: She [Leslie Flynn] didn't have a Parler account --
CNN's lawyer: We have seen a Parler acount.
Judge Cave: What is the date of the Parler account?
CNN's lawyer: Parler is relatively new, I don't know. But it has her photo on it, we need the handle
Jump cut to February 8, 2024 when the District Judge to whom the case was transferred ruled: "ORDER: After reviewing the parties' summary-judgment briefs, the Court would like supplemental briefing on one issue: whether Defendant's alleged statement or implication that Plaintiffs were "QAnon followers" is a non-actionable opinion for purposes of both the First Amendment and Rhode Island law. In addition to conducting their own research, counsel should consider the following authorities, as further set forth herein. Defendant shall submit a letter, not exceeding three single-spaced pages, by February 16, 2024, at 5:00 p.m. Plaintiff shall submit its letter (of the same length) by February 23, 2024, at 5:00 p.m. SO ORDERED. (Signed by Judge Arun Subramanian on 2/8/2024)
The case is Flynn, et al. v. Cable News Network, Inc., 21-cv-2587 (Subramanian / Cave)
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