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Top Advisor to Rep. Nunes Sues CNN, Lev Parnas, and others in $30 million defamation action

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Derek Harvey, a top advisor to Ranking member of the House Permanent Select Committee on Intelligence Rep. Devin Nunes, is suing CNN, along with several other defendants, for defamation, alleging that a series of stories beginning in November, 2019 falsely suggested he participated in an effort to “aide and abet the commission of criminal, unethical and dishonest conduct.”

Retired Army Col. Harvey, a long-time military intelligence officer, who also worked as a Middle East analyst and expert for the White House National Security Council, filed the lawsuit Wednesday. Harvey, who is not a public figure, accused CNN of “false statements exposed Plaintiff to public scorn, ridicule and contempt. Defendants attributed to Plaintiff statements he never made and imputed to him deception, lack of integrity, and ethical improprieties that severely prejudiced Plaintiff in his employment.”

“CNN chose to tarnish the reputation of Colonel Derek Harvey based on the word of a renowned liar,”

Steven Biss, Attorney for Derek Harvey

Harvey’s attorney Steven Biss, who also represented Nunes in several defamation lawsuits against the media, filed the detailed 45 page complaint against CNN, as well as Lev Parnas, a Ukrainian born businessman who turned on then associate and former New York Mayor Rudy Giuliani after being charged by the Justice Department for defrauding investors in his company. The complaint filed Wednesday afternoon, also named Parnas’ lawyer Joseph Bondy, a criminal defense attorney, in the lawsuit. Bondy participated in tweeting and allegedly defaming Harvey while representing Parnas.

“CNN chose to tarnish the reputation of Colonel Derek Harvey based on the word of a renowned liar,” said Biss to this reporter. “Even Jake Tapper acknowledged that Parnas had no credibility.  That’s a huge admission.  These demonstrably false statements about Colonel Harvey and Devin Nunes should never have been published.”

Biss pointed out in the complaint that “CNN, Parnas and Bondy published the Defamatory Statements as part of a broad smear campaign orchestrated by House Democrats and other powerful interests within the United States to discredit Plaintiff (and Nunes) and to further the goal of impeaching the President.”

He also noted that “the millions who read the defamatory statements clearly understood them to be referring to Plaintiff [Harvey] and clearly understood them to convey a defamatory meaning, including that Plaintiff committed federal crimes, aided and abetted the commission of crimes, or otherwise engaged in unethical and dishonest conduct.”

CNN officials could not be immediately reached for comment. In January, CNN has settled a defamation lawsuit with a Kentucky high school student Nicholas Sandmann. He sought $275 million in damages, however, the actual amount of the settlement was never disclosed.

In one instance, Harvey points out that CNN allegedly defamed him in a story written November, 2019 that stated “Nunes had “meetings … in Vienna last year with a former Ukrainian prosecutor to discuss digging up dirt on Joe Biden … Parnas was told directly by the former Ukrainian official that he met last year in Vienna with Rep. Devin Nunes … Nunes and three aides traveled to Europe from November 30 to December 3, 2018 … Nunes’ entourage included retired colonel Derek Harvey”

Neither Harvey, nor Nunes, traveled to Vienna to “dig up dirt on Joe Biden,” based on established evidence and testimony.

In another instance Biss establishes in the complaint that “Bondy, told The Washington Post that Ukraine’s former top prosecutor, Viktor Shokin, informed Parnas that he had met with Nunes in Vienna in December 2018 … Bondy also said that a top aide to Nunes, Derek Harvey, sometimes joined a group that met frequently in spring 2019 at the Trump International Hotel in Washington, D.C., to discuss the Biden matter … The group, according to Bondy, was convened by Giuliani, Trump’s personal attorney, and included Parnas, his business associate Igor Fruman, as well as journalist John Solomon and the husband-and- wife legal team of Joe diGenova and Victoria Toensing. The information about Nunes’s meeting with Shokin and Harvey’s meetings with Giuliani were first reported by CNN on Friday.”

The complaint alleges that Bondy’s assertions are categorically false. Bondy could not be immediately reached for comment.

A source familiar with the lawsuit said it was an important step in getting to “first, correct the record and two to get the media to correct the record because if anything, these institutions, like CNN and others, have a responsibility to get it right.”

You can follow Sara A. Carter on Twitter @SaraCarterDC and on Parler @SaraCarterOfficial

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BREAKING: Senate votes down both articles of impeachment against Mayorkas in party-line vote

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Mayorkas

The Senate voted down two articles of impeachment Wednesday which alleged Department of Homeland Security Secretary  Alejandro Mayorkas engaged in the “willful and systemic refusal to comply with the law” regarding the southern border in his capacity as DHS secretary. The second claimed Mayorkas had breached public trust.

What resulted in a party-line vote, began with Majority Leader Chuck Schumer, D-N.Y., proposing a point of order declaring the first article unconstitutional, to which the majority of senators agreed following several failed motions by Republicans. The article was deemed unconstitutional by a vote of 51-48, with Sen. Lisa Murkowski, R-Alaska, voting present.

Fox News reports:

Schumer’s point of order was proposed after his request for unanimous consent, which would have provided a set amount of time for debate among the senators, as well as votes on two GOP resolutions and a set amount of agreed upon points of order, was objected to by Sen. Eric Schmitt, R-Mo.

Schmitt stated in his objection that the Senate should conduct a full trial into the impeachment articles against Mayorkas, rather than the debate and points of order suggested by Schumer’s unanimous consent request, which would be followed by a likely successful motion to dismiss the articles. 

Republican senators took issue with Schumer’s point of order, as agreeing to it would effectively kill the first of the two articles. Several GOP lawmakers proposed motions, which took precedence over the point of order, to adjourn or table the point, among other things. But all GOP motions failed. 

After another batch of motions to avoid voting on Schumer’s second point of order, which would deem the second article unconstitutional, the Senate agreed to it. The vote was along party lines 51-49, with Murkowski rejoining the Republicans. 

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