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By Jonathan Stamp
NEW YORK (Reuters) - A U.S. judge said Monday Devin Nunes, the former California congressman and ally of former U.S. President Donald Trump, could sue NBCUniversal for defamation over a comment by Rachel Maddow about his relationship with an alleged Russian agent .
Without ruling on merit, U.S. District Judge Kevin Castel said in Manhattan that Nunes alleges "plausible [d]actual malice" in reference to a testimony from a March 2021 broadcast of MSNBC's "The Rachel Maddow Show."
Discussing a package addressed to Nunes by Andriy Derkach, a pro-Russian Ukrainian lawmaker, Maddow said Nunes "refused to turn it over to the FBI, which is what you should do if you get something from someone who's from." sanctioned by the US. as a Russian agent."
Nune's complaint, which seeks damages, states that MSNBC and Maddow knew the package had been delivered but instead "aimed at causing the plaintiff maximum pain and suffering in order to tarnish the plaintiff's reputation."
In a 22-page decision, Castel said Maddow did not attribute Nunes' alleged refusal to any source, and while she may have been aware of a similar allegation in a Politico article, "a court does not weigh competing, plausible theories of actual malice." Application for dismissal."
The judge also said other statements by Maddow were not defamatory. Maddow is not a defendant.
Comcast Corp-owned NBCUniversal and its attorneys did not immediately respond to requests for comment. Nunes' attorneys did not immediately respond to similar requests.
The US Treasury Department sanctioned Derkach in September 2020 for attempting to interfere in this year's US presidential election after he was linked to disseminating information to hurt then-Democratic candidate and eventual winner Joe Biden.
Nunes left Congress last December to become chief executive of social media company Trump Media & Technology Group.
He has sued several news organizations in recent years.
In April, federal appeals courts in New York and Washington, D.C. refused to reinstate Nunes' defamation lawsuits against CNN, which is owned by Warner Bros Discovery Inc., and the Washington Post.
The case is Nunes v NBCUniversal Media Inc, U.S. District Court, Southern District of New York, No. 22-01633.
(Reporting by Jonathan Stamp in New York; Editing by Shri Navaratnam)
Devin Nunes
American politician
donald trump
45th President of the United States

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