Here are all the ways Devin Nunes fucked up:
* He didn’t format his brief according to court guidelines, which is automatically going to annoy the judge because it makes the text harder to read. (Don’t annoy the judge.)
* He presents his conclusions as fact without citing sources for his claims.
* He thinks that when one news report contradicts another news report, he gets to pick which one is correct.
* In this legal brief he wrongly uses terms that have one meaning in everyday language and another meaning in legal language. “Hearsay” is not always “hearsay”.
* He thinks that when CNN reports what Lev Parnas said, that is somehow evidence of a conspiracy between CNN and Lev Parnas.
* Instead of presenting his case and laying out what CNN has said and how he was damaged, he spent a major part of his brief rehashing the whole Ukraine-server bullshit lie.
* He presumes that he suffered damages from the alleged defamation… which you are not allowed to do. Only actual provable damages count in a defamation case.
* He cites emotional damages and distress . . . which don’t count as damages for the purposes of a defamation lawsuit.
* He claims that his damages are worth $430,000,000 . . . without explaining how he came up with that number.
* He demands $350,000 of punitive damages for CNN . . . without explaining how he came up with that number.
It’s clear that Devin Nunes filed this as a publicity stunt and will quietly withdraw his lawsuit before the case proceeds to the discovery phase — in which CNN will discover why Nunes was sneaking in and out of Ukraine.
“Discovery” is when both sides can demand the other side to show certain documents. Can you imagine what happens when CNN demands to see Nunes’ plane tickets and visa stamps? Withholding evidence during the discovery phase is a big No-No and will get Nunes into major legal trouble.
The man is dumber than a truckload of Thanksgiving turkeys.