Most Americans are low-information voters who generally only read headlines, which makes them more likely to believe news announcements from CNN or MSNBC that slanders conservatives, according to a former Republican candidate for Congress.
“It’s very detrimental because the problem with the United States is that we are basically tribalists right now,” said Michael Zumbluskas, who was a 12th Congressional District candidate. “Most people will not watch other news channels.”
Zumbluskas was reacting to the news that a federal judge in New York is allowing a lawsuit against NBC Universal to proceed involving a package addressed to former California Republican Congressman Devin Nunes from Andriy Derkach, a Ukrainian legislator with ties to Russian officials and intelligence service.
“Nunes has plausibly alleged a claim of defamation in regard to a factual assertion contained in one of three statements,” wrote Southern District of New York Judge Peter Kevin Castel in his Nov. 28 opinion. “As for the other two statements, one is substantially true and does not plausibly have a defamatory meaning, and the second is privileged as non-actionable opinion.”
The sentence the judge is allowing to proceed to discovery states, "He has refused to hand it over to the FBI which is what you should do if you get something from somebody who is sanctioned by the U.S. as a Russian agent.”
In Nunes v NBCUniversal, Nunes accuses MSNBC and former commentator Rachel Maddow of setting out to inflict maximum pain and suffering in order to harm his reputation.
“These reporters never come out and apologize so voters don’t get the correct information,” Zumbluskas told the Southern California Record.
Nunes alleges in his complaint that the Rachel Maddow Show's March 18, 2021 episode caused him to be exposed to public ridicule, scorn, contempt, and censure and injured him in his employment as a member of Congress and the ranking member of the House Intelligence Committee because the MSNBC broadcast portrayed him in a false and defamatory light.
“It might stop companies from actually donating to some of these candidates,” Zumbluskas said. “It also can prevent maybe some other people that won't give money to him because of false information. So, they don’t get contributions, which then hurts the reelection or election prospects.”
The 22-page decision notes the sentence that survives the motion to dismiss focuses on Nunes’ refusal to turn material over to the FBI, which is a false statement.
"Not just technically but also in substance and meaning, and capable of injuring Nunes in his profession," Castel wrote. "NBCU’s motion to dismiss will therefore be granted as to the first and second sentences of Statement Two but denied as to the third sentence."
In its defense, NBCU points to a July 23, 2020, Politico article that states, “Democrats: Packets sent to Trump allies are part of a foreign plot to damage Biden.”
However, Castel, who was appointed by former U.S. President George W. Bush, did not allow the article to influence his reasoning.
"This Politico article is not cited or referenced in the Complaint, nor is it cited or referenced in the segment," the judge ruled. "Because the article goes beyond the pleadings and the materials integral thereto, it is not properly considered on a motion to dismiss."
During the 112th Congress, Nunes was Chair of the House Permanent Select Committee on Intelligence and was a member of the House Committee on Ways and Means.
Nunes has since resigned and is now CEO of the Trump Media & Technology Group.