A federal judge has dismissed a defamation lawsuit filed against Rep. Nancy Mace after she accused a man of being a predator during a fiery speech on the House floor.
Judge Richard Gergel ruled that federal law allows the Justice Department to step in and effectively shield Mace from liability, meaning the case was tossed in full. As per The Hill reporting, he noted that the decision doesn’t address whether Mace actually defamed Brian Musgrave, who filed the suit, but said Congress had decided long ago that federal officials are protected from these types of claims when acting in their official capacity.
“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. This Court must uphold the rule of law,” Gergel wrote.
Musgrave had sued Mace in March, accusing her of destroying his reputation after she named him in a shocking February speech in which she also accused her ex-fiancé and two other men of sexual abuse and voyeurism. Mace even displayed a poster outside her congressional office with the men’s photos under the word “PREDATORS”, reported WSPA.
The South Carolina congresswoman, who just announced a run for governor, celebrated the ruling. “Today the court proved the US Constitution is the LAW OF THE LAND,” she 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, meanwhile, insists he had nothing to do with the hidden camera Mace said was found on a property he co-owned with her ex-fiancé. According to her speech, that camera had secretly recorded intimate images of women. Musgrave’s lawsuit claimed he didn’t install or even know about the device, and he stressed he was unfairly lumped in with Mace’s more serious claims, including her belief she had been raped after being incapacitated.
His attorney, Eric Bland, slammed the ruling. “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),” he said, vowing to keep fighting to clear his client’s name.
The Justice Department had recently moved to replace Mace and her staff as defendants in the case, arguing they were acting in the scope of their jobs and therefore immune from liability. Judge Gergel agreed, saying that even Musgrave’s constitutional claim for damages could not move forward because defamation cases aren’t covered under that type of action. He also pointed out that Mace was further protected by the Constitution’s Speech or Debate Clause.
Mace has leaned heavily into her allegations as part of her political brand. During a subcommittee hearing in May, she held up a blurry screenshot she said showed her “naked silhouette,” captured by the same hidden camera she referenced in her floor speech.
She has since turned her focus to the governor’s race in South Carolina, where she will face Attorney General Alan Wilson, a fellow Republican she has accused of failing to properly investigate her claims.