Legal experts are split over whether Gabbard can win the case. It’ll depend on whether her lawyers can prove that Clinton’s comments were “statements of fact” or “statements of opinion”—and several defamation experts TIME reached for comment disagreed on the answer.
Gabbard’s
lawsuit, which was filed in U.S. District Court in Manhattan, alleges that Clinton “lied” about Gabbard “in a deliberate attempt to derail Tulsi’s presidential campaign.” It argues that Gabbard suffered substantial economic losses as a result and demands at least $50 million in damages.
The complaint centers on an Oct. 17 interview Clinton gave to “Campaign HQ With David Plouffe,” a popular podcast hosted by former President
Barack Obama‘s 2008 campaign manager David Plouffe. When discussing the Democratic presidential primary, Clinton said that “somebody who is currently in the Democratic primary”—she does not use a candidate’s name—is being groomed by the Republican party “to be a third party candidate.”
“She’s the favorite of the Russians,” Clinton continued. “They have a bunch of sites and bots and other ways of supporting her so far. And, that’s assuming Jill Stein will give it up, which she might not because she’s also a Russian asset. Yeah, she’s a Russian asset.”
Gotta love the irony.
