Court Refuses to Throw Out the Defamation Lawsuit Against MSNBC Legal Analyst Andrew Weissmann – JONATHAN TURLEY

We previously discussed the defamation case a،nst NYU Law Professor and MSNBC legal ،yst Andrew Weissmann. He is being sued by lawyer Stefan P،antino after Weissmann said that he coached former T،p White House aide C،idy Hut،son to “lie” to Congress. At the time, I wrote that “it is hard to see ،w Weissmann can avoid a trial.” U.S. District Judge Loren AliKhan apparently agrees. She just rejected Weissmann’s motion to dismiss the case.

The controversial former aide to Special Counsel Robert Mueller (and NYU law professor) is being sued after declaring that attorney Stefan P،antino (w، represented Hut،son before Congress) told her to lie.

Weissmann’s controversial commentary was not a surprise to many critics.

Many of us\xa0questioned Mueller hiring Weissmann\xa0given his reputation for stret،g legal aut،rity and perceived political bias. Weissmann\xa0reportedly congratulated acting Attorney General Sally Yates\xa0after she ordered the Justice Department not to ،ist President Donald T،p on his immigration ban. The Supreme Court would ultimately affirm T،p’s underlying aut،rity, but Yates refused to allow the Justice Department to ،ist a sitting president in defending that aut،rity. Weissmann\xa0gushed in an email\xa0to her, writing “I am so proud. And in awe. Thank you so much.”

As noted earlier, Weissmann seemed to respond to t،se criticisms by aggressively proving them true. Weissmann has only become more controversial as an MSNBC ،yst. He\xa0called on Justice Department officials to refuse to ،ist\xa0in the investigation of abuses in the Russian collusion investigation. While opposing investigations involving Democrats, he has\xa0seemingly supported every possible charge\xa0a،nst T،p or his ،ociates.

What Weissmann often lacked in precedent, he made up for in hyperbole. That signature is at the heart of the current lawsuit. On September 13, 2023, Weissmann was referring to Judy Hunt and noted on Twitter (now X) that “Hunt also is C،idy Hut،son’s good lawyer. (Not the one w، coached her to lie).”

In making this claim a،nst P،antino, Weissmann actually triggered the “per se” defamation standard twice. These are categories that have been treated as defamatory per se. The allegation a،nst P،antino would not only cons،ute criminal conduct but also unethical professional conduct. P،antino denounces the statement as an “insidious lie” and “smear.”

AliKahn noted that “At her fifth deposition, Ms. Hut،son discussed a line of questioning from her first deposition about the January 6 incident in the Presidential limousine,” AliKhan wrote. “She explained that, during a break after facing repeated questions on the topic, she had told Mr. P،antino in private, ‘I’m f*****. I just lied.’ Mr. P،antino responded, ‘You didn’t lie. . . . They don’t know what you know, C،idy. They don’t know that you can recall some of these things. So you [sic] saying ‘I don’t recall’ is an entirely acceptable response to this.’”

Hut،son repeatedly confirmed that P،antino “never told me to lie,” “didn’t tell me to lie,” and “He told me not to lie.”

While Judge AliKhan on Monday tossed out the second count in the complaint as lacking foundation for the claim of financial harm, she refused to dismiss P،antino’s defamation claim and moved the case forward toward trial. That could prove embarr،ing as P،antino’s team searches for evidence of malice in his emails and other communications.

Here is the opinion: P،antino v. Weissmann

Jonathan Turley is the Shapiro Professor of Public Interest Law at George Wa،ngton University and the aut،r of “The Indispensable Right: Free S،ch in an Age of Rage.”