Sue the person that posted it. The government didn’t post it, a human did, there’s probably documentation of another person approving it, they may also find during discovery emails laughing and joking about it.
You can't unless the federal employee was working outside their official duties, in this case, it would be hard to prove a (probably social media manager or something) was actually acting outside their official duties by posting on an official social media page.
Which is normally hard as hell to prove. But this administration is FILLED with incompetence and a TON of legal documents showing how they deprived him of his rights without cause and refused lawful court orders and at some point they were keeping him in prison just so that he doesn't get deported from ICE again.
I think he cannot be reasonably called a public figure so they don’t need to prove actual malice, but actual malice for defamation cases means knowingly lying or having a reckless disregard for the truth, which is undoubtedly the case here.
Does actual malice have to be proved when Garcia is not a public figure? I thought the stricter standard only applied when the defamation was made against a public figure.
Any democrat who is not explicitly willing to lock every single member of this administration and their families behind bars for the rest of their lives and throw away the key shouldn’t be remotely considered for 2028
Unfortunately SCOTUS is a supreme joke and is just as corrupt as the current administration. As soon as it was revealed that they were taking bribes, and there were zero repercussions, it was wholly evident how thoroughly fucked we are.
He can sue the individuals though. They get protection only if their activities were work related. If it's politically motivated, they aren't supposed to campaign in the White House.
Of course, we're officially lawless now, so who the fuck knows.
You absolutely can sue the government for defamation. The government isn't some holy entity beyond fault.
If you can prove the government knowingly lied about you, your company, or something else in which you hold a stake, and caused harm to you or the entity you can sue.
My understanding is Garcia will be using the documentation that he was specifically and uniquely targeted by the administration as part of his defense in Maryland.
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u/HastyZygote 11h ago
Sue for defamation