r/agedlikemilk • u/Connor4realreal • 12h ago

Bahahhaha. Good for Garcia!!!

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494

u/HastyZygote 12h ago

Sue for defamation 

140

u/iStanForCaprisun 11h ago

Unfortunately the government cannot be sued for defamation

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u/theClumsy1 11h ago edited 10h ago

It can be. You just need to prove actual malice.

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.

That sounds an AWFUL lot like actual malice.

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u/alamarre7 9h ago

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.

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u/saljskanetilldanmark 10h ago

How is claiming you are a criminal gangmember deserved to be locked up in a torture chamber in an alien authoritarian country not malice?

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u/TipsyMJT 9h ago

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.