The statement that the information “had not been turned over” was “tantamount to a ‘refusal,’” Castel stated, noting that the use of the word did not exceed the bounds of fair interpretation.
Judge Castel also highlighted that Maddow and Gnazzo believed Nunes had not publicly disputed the Politico article, nor had he sued its authors, which bolstered the defense’s credibility.
Bias Claims Rejected
Nunes further claimed Maddow harbored personal political bias, citing her repeated criticisms of him across 36 episodes from 2017 to 2020. However, the court said political differences alone do not demonstrate actual malice or reckless disregard for the truth.
“That is also not enough to show ‘The Rachel Maddow Show’ acted with a reckless disregard of the truth,” Castel wrote.
Sanctions: Failure to Preserve Congressional Records
In a separate decision within the same order, Judge Castel granted NBCUniversal’s request for sanctions after finding that Nunes failed to preserve documents from his congressional office relevant to the case. Nunes had filed the lawsuit five months before leaving Congress, yet no evidence suggested he took steps to preserve internal communications related to the litigation.
Though Nunes’ former communications director claimed he had a “standing instruction” to retain such records, the House Intelligence Committee said it received no such request. As a result, the court ordered Nunes to reimburse NBCUniversal for costs associated with discovery efforts to obtain those materials.
