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Kyle Rittenhouse Can Sue Jen Psaki for Defamation

Started by G.L.R., Thu 25 Nov 2021

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G.L.R.

Pollak: Kyle Rittenhouse Can Sue Jen Psaki for Defamation
November 24th, 2021


Newly-acquitted Kyle Rittenhouse could sue White  House press secretary Jen Psaki for defamation, following her claim  Tuesday afternoon that he was linked to the Proud Boys and her implication that he was a violent "white supremacist."  Psaki dodged a question about whether President Joe Biden's would apologize for his claim in 2020 that Rittenhouse was a "white supremacist," despite the  complete lack of evidence, and recent suggestions of a looming  defamation lawsuit.  As Breitbart News reported at the time, Biden called  Rittenhouse a "white supremacist," without evidence, more than a month  after the Aug. 25, 2020, attack in which he was later charged... Rittenhouse has a good case for defamation  against Biden. In an interview with Fox News' Tucker Carlson,  Rittenhouse asked Biden to consider the facts, and suggesteda lawsuit was possible.  On Tuesday afternoon, Fox News' Peter Doocy asked Psaki whether the  president would apologize, given Rittenhouse's acquittal, and the lack  of any evidence that Rittenhouse was a white supremacist.  Rather than answer the question, Psaki attempted to blame former  President Donald Trump for the violence, claiming that he had "actively"  supported white supremacists and militia groups during his presidency,  and that the violence involving Rittenhouse was a consequence.


She also claimed that Rittenhouse had "posed for photos" with the Proud Boys, a right-wing group.The judge also said that even if it were to be shown that Rittenhouse later met members of the Proud Boys, that was not evidence that he had any connection with them at the time of the riot in Kenosha, Wisconsin, several months earlier, and therefore it was inadmissible as evidence in  the trial. In addition, Biden's claim that Rittenhouse was a "white supremacist" came in September 2020 — months before that photograph was taken in January 2021. Moreover, Rittenhouse had just denied  the night before that he was ever in a "militia," or knew what a  militia was.... Unlike the president, Psaki does not enjoy immunity from civil torts  while Biden is in office. Rittenhouse is a public figure, and would have  to show that she acted with "actual malice," which is defined as  "reckless disregard for the truth." That, in turn, usually requires  plaintiffs to show that a defendant knew something was untrue, or could  have known, but said it anyway.  Psaki could arguably be  said to have acted with "actual malice." Psaki's claims connecting Rittenhouse to "white supremacist" groups,  "militia," and vigilantism could see her added to the growing list of  media and political figures who are now vulnerable to defamation suits  by Rittenhouse.


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