The Department of Justice (DOJ) is backing Rep. Nancy Mace (R-SC) in a libel lawsuit by invoking a federal law that increases protections for federal employees.
The administration is stepping in for Mace regarding a man’s defamation lawsuit against her for an hour-long House floor speech she gave in February, accusing him of sex crimes, the Hill reported. The lawsuit is brought by Brian Musgrave, one of four South Carolina men Mace identified in her speech — along with her ex-fiancé — as alleged perpetrators of sexual abuse and voyeurism.
“If successful, the move would protect Mace from paying any damages over the libel claims, leaving taxpayers on the hook for any award and for the federal government’s representation,” according to the report.
The DOJ is specifically invoking the Westfall Act, a law passed in 1988 designed to protect federal employees against lawsuits concerning actions committed within the scope of their employment.
U.S. Attorney Bryan Stirling said the Westfall Act covers Mace’s House floor speech, related social media posts, and the actions of her congressional staff, according to the report.
“Defendant Nancy Mace was acting within the scope of her office or employment as a Member of Congress at the time the alleged conduct took place,” Stirling wrote in a court filing released on Friday.
Musgrave’s attorney Eric Bland reportedly pointed the Hill to his comments in the Post and Courier, in which he called the DOJ’s action “ridiculous.”
Mace’s office did not return the outlet’s request for comment by the time of publication.
The DOJ cited several examples of courts finding members of Congress across party lines within the protections of the Westfall Act while communicating from the floor and on social media, the report continues.
“During the Biden administration, the Justice Department stepped in for Rep. Ralph Norman (R-S.C.) in a defamation lawsuit. A man arrested in Norman’s district whose charges were dropped sued Norman over statements on his Facebook page about the arrest. A judge dropped the Congress member from the lawsuit,” the report notes. “The Bush administration became the defendant in a 2005 defamation suit initially against then-Rep. Nick Rahall (D-W.Va.), who was sued by a man he called a ‘bigoted, right wing, redneck, racist wacko’ to a television reporter.”
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