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General Flynn Brother Jack Deemed Follower of QAnon With Follow on Twitter Cited But No Fees to CNN

By Matthew Russell Lee, Patreon
BBC - Guardian UK - Honduras - ESPN

SDNY COURTHOUSE, Oct 22 – General Michael Flynn's brother Jack, general manager of a seafood processing business in Rhode Island, was linked with Qanon by CNN and sued.      

       On October 22 U.S. District Court for the Southern District of New York Magistrate Judge Sarah L. Cave, whose work on criminal cases in the SDNY Magistrages Court Inner City Press covers monthly issued a 43-page Report and Recommendation, dismissing the claims with prejudice, but denying CNN's request for attorneys' fees and costs. Report here.

  While some report that Judge Cave ruled that Jack Flyn and his wife Leslie share the views of Qanon, in the Order Judge Cave seemingly equates following an account on Twitter - as for example Inner City Press follows accounts of the murderous governments of Cameroon and Nigeria to report on them - with being a follower.  

  Judge Cave writes: " For the 'ordinary sense' of a word, the Court may consult its dictionary definition. Id. The Merriam-Webster Dictionary’s definition of “follower” includes, as is relevant here, “one in the service of another[,]” “one that follows the opinions or teachings of another[,]” “one that imitates another[,]” or “one who subscribes to a feed especially on social media[.]”6 The second and third of these definitions are most applicable here."   

On fees, Judge Cave concludes "[b]ecause the Flynns’ claims were not frivolous, unreasonable, or without any foundation,  an award of fees, costs, and expenses is not appropriate here... The parties shall have fourteen (14) days (including weekends and holidays) from service  of this Report and Recommendation to file written objections pursuant to 28 U.S.C. § 636(b)(1)  and Rule 72(b) of the Federal Rules of Civil Procedure."

The case is Flynn, et al. v. Cable News Network, Inc., 21-cv-2587 (Woods / Cave)


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