“False in Numerous Respects:” House Democrats Package Up Liz Cheney’s Evidence of “Despicable Malice”
In a letter [alternate link] Cassidy Hutchinson’s attorney, William Jordan, sent to the DC bar, he corrected some of the false claims made in Barry Loudermilk’s report claiming that Liz Cheney had inappropriately suborned perjury from Hutchinson.
The Loudermilk Report is false in numerous respects, including its suggestion that Ms. Hutchinson and Congresswoman Cheney had any improper communications.
[snip]
The Loudermilk Report is replete with other politically motivated falsehoods, but at a minimum Ms. Hutchinson wanted specifically to correct this error because it has been seized on by Mr. Passantino and other individuals in this Complaint. [my emphasis]
The other individuals likely including private citizen Donald Trump.
And that’s interesting because the report in which the letter was published includes an interesting line at the end of a long explanation of why this is an assault on Speech and Debate.
That section cites the Supreme Court opinion holding that “once it is determined that Members are acting within the ‘legitimate legislative sphere’ the Speech or Debate Clause is an absolute bar to interference.” Then it cites the amicus brief the GOP sent in support of Scott Perry’s fight to keep content from his phone involving things that had nothing to do with formal oversight from prosecutors. “The Clause is not abrogated by allegations that a legislative official acted unlawfully or with an unworthy purpose, and applies both in civil cases and criminal prosecutions.” It cites to Scott Perry’s own filing. After including Trump’s tweet invoking the report, it trashes Loudermilk’s shoddy analysis.
Then it notes that Speech and Debate protects Loudermilk from any claim of defamation someone might bring against him.
If the Clause did not apply to congressional investigations, Chairman Loudermilk could be subject to liability himself for defamation.
Oh. And then it notes that those without Speech and Debate protection who falsely accused her of a crime, “may also be liable.”
All those who republish these allegations outside speech or debate may also be liable.
And that’s interesting because Cheney — whose reference to this report in a Tweet was the first I heard of it — specifically said that the “report destroying Loudermilk’s fraudulent allegations shows the despicable malice behind Trump’s efforts.”
“Despicable malice” sounds like the kind of thing you might sue over.
“Despicable Malice” sounds like the title of a Scott Turow novel.
Please don’t marginalize this phrase as it’s a legal term of art.
Could you point us to the legal authority for this?
The noun is malice. There are different levels of it, which have different legal consequences.
The usual phrase in the context of defaming a public figure or in seeking punitive damages is “actual malice.” It’s a kind of malice that requires specific, knowing intent to cause injury, and not just to cause the act that might lead to injury. Negligent or reckless conduct, for example, is not normally sufficient.
“Despicable” (or reprehensible) is an adjective normally used with “conduct,” not malice. In California, for example, despicable conduct “is so vile, base, or contemptible that it would be looked down on and despised by reasonable people.” Useful, but it doesn’t address the injury requirement.
Marcy is careful to use quotes for “despicable malice,” presumably because it’s Liz Cheney’s neologism, and because she directs it specifically at “Trump’s efforts,” not Loudermilk’s, which are presumably protected by Speech & Debate. As a private citizen, Trump has no such protection.
https://www.justia.com/trials-litigation/docs/caci/3100/3114/
I looked up “malice aforethought”, and that is a whole other kettle of fish: basically, intent to commit homicide. Yikes! I will forego any jokes about Trump’s fourth wife Malissa Forthot.
Um…there was that scaffold and noose, you know. Somebody planned that.
You are on a roll today. Fantastic work.
My guess is that the MAGA lawyers are planning to file civil suits against a whole bunch of Trump enemies. They have unlimited resources (Elon and bros) and they don’t care if they eventually lose, because they have more money than they can spend, anyway. The plan is to ruin their targets by bleeding them dry with the costs of defending themselves.
I suspect that their list of targets includes DOJ attorneys, and the Trump DOJ won’t step up and defend them, either.
I think you are correct here, and I’m not certain too many firms will work pro bono like the ones representing the two GA poll workers. No way Convict-1’s DoJ will support their attorneys.
Probably correct as Peter Thiel paid for Hulk Hogan’s lawsuits against Gawker which eventually led to Gawker going out of business.
Peter Thiel’s been quiet over the past sixty days since the election.
He’s probably spending quality time with his protege, J.D. Vance, ensuring Vance is properly programmed and following Thiel’s commands.
So Trump’s DOJ plans to find out if Trump’s favorite legal defense can work on offense as well?
As noted on the previous thread, Weiss will be issuing his report this week. Before that we have Hur’s unfiltered report about Joe Biden and Durham’s two failed prosecutions (which blew a fair amount of cash never to be recovered). The stench of hypocrisy is overwhelming here.
However, Loudermilk has his marching orders and that is all that matters for the MAGA House. For a bunch of loudmouth holier-than-thou Dominionist Pharisees, the 9th Commandment seems to be optional:
Ninth Commandment: “You shall not bear false witness against your neighbor”
What Commandments? Project 2025 expressed a slavering desire to quickly execute everyone on federal death row. Joe Biden’s commutations derailed their bloodlusty roll. “Thou shalt not kill” seems like a suggestion, or else an edict to be followed by lesser folk.
It’s a shorter list when one enumerates the Commandments the MAGA world does keep.
“Your Mutha” was my last band (lo, these many years ago), and “Dominionist Pharisees” will be my next.
After all, Deathtongue (h/t Berkeley Breathed) is already taken.
“Dominionist Pharisees” is a very good name.
My personal thought for a good band name (I am an old…) would be ‘Weird Uncle Gravity’ and occasionally Special Guest ‘Cousin Conundrum’ would sit in.
The Atlantic does a good job here:
The Internet Is Worse Than a Brainwashing Machine.
Sorry, can’t seem to inbed the link.
Tom Sullivan at Digby’s Hullabaloo blog has a gift link to the article, as of a few days ago.
https://digbysblog.net/2025/01/06/insurrection-denial/
A choice quote, from the blog post, then quoted by Tom:
“Lately, our independent work has coalesced around a particular shared idea: that misinformation is powerful, not because it changes minds, but because it allows people to maintain their beliefs in light of growing evidence to the contrary. The internet may function not so much as a brainwashing engine but as a justification machine.”