A federal judge has tossed out a defamation lawsuit against South Carolina Congresswoman Nancy Mace (R) after she accused a man of being a predator during a speech on the House floor.
U.S. District Judge Richard Gergel ruled that, federal law entitles the Justice Department to step in and largely make Mace immune from damages and proceeded to dismiss the case.
“Congress has weighed the risks and benefits …. and concluded that libel and related claims against federal officials acting within the scope of their employment are barred under federal law. It is this Court’s duty to uphold the rule of law,” the judge wrote.
Brian Musgrave sued Mace in March after she gave a speech on the House floor that included a series of salacious allegations.
Mace celebrated the ruling.
“Today the court proved the US Constitution is the LAW OF THE LAND,” Mace said in a statement. “They came after me because I stood up for victims and demanded crime be prosecuted. Today’s court decision proves their lies and attacks won’t break me. I’ve put my career on the line to fight crime and drafted legislation to strengthen our laws. And I’ll never stop fighting for law and order.”
Musgrave was one of four men whom Mace singled out in a stunning speech on the House floor in February, in which she lobbed accusations of sexual abuse and voyeurism. In addition to Musgrave, Mace accused her ex-fiancé and two other men of wrongdoing.
Eric Bland, Musgrave’s attorney, said the decision allows politicians to “say and do anything they want” but vowed to “keep fighting” to clear his client’s name.
“It seems patently unfair that a United States citizen who lives a law-abiding life can be grouped and called a rapist and a predator without any proof, and it can be done over and over again with immunity (and impunity),” Bland said in a statement.
Mace in the speech claimed to have found a hidden camera on a property Musgrave owns with Mace’s ex-fiancé that had intimate photos of women taken without their knowledge or consent. Musgrave’s suit said he didn’t place the camera and never had knowledge of it.
Mace labeled Musgrave along with the three other men as a “predators.”
The lawsuit took aim at the speech, Mace’s social media posts and a poster displayed outside her congressional office titled “PREDATORS” with images of the four men. The case also included claims against some of Mace’s congressional staff.
Mace launched a campaign for governor earlier this month. Among her primary opponents is South Carolina Attorney General Alan Wilson (R), who she accused of not adequately investigating her allegations. (RELATED: Mace Alleges Sexual Assault, Criticizes Potential Primary Opponent For Lack Of Investigation)
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Article I, Section 6, Clause 1:
The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States. They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.
It isn’t MERELY Federal law that shields members of Congress from lawsuits related to what they say on the floor.
Note: I am not supporting any given claims made on the House floor. I am merely pointing out the Constitution protects such speech.