Appeals Court Upholds Dismissal of Devin Nunes' Libel Suit Against NBC
Second Circuit upheld dismissal of Devin Nunes' defamation suit against NBCUniversal.
Why it matters: This ruling reinforces the high bar public figures face in defamation cases, affirming protections for media commentary and guiding legal strategies in defamation litigation.
- On October 15, 2026, the Second Circuit affirmed dismissal of Devin Nunes' suit against NBCUniversal.
- The suit stemmed from a March 18, 2021, Rachel Maddow broadcast alleging Nunes withheld a package from the FBI.
- The court found Maddow relied on a July 23, 2020, Politico article to support her statement.
- Nunes failed to prove 'actual malice,' the constitutional standard for defamation claims by public figures.
On October 15, 2026, the U.S. Court of Appeals for the Second Circuit upheld the dismissal of former U.S. Representative Devin Nunes' defamation lawsuit against NBCUniversal. The case concerned comments made by Rachel Maddow on her show about Nunes allegedly refusing to hand over a package from Ukrainian legislator Andrii Derkach to the FBI.
The disputed broadcast aired on March 18, 2021. Maddow stated that Nunes 'refused to hand [a package from Andrii Derkach] over to the FBI.' This assertion was traced back to a July 23, 2020, Politico article which reported that Nunes did not turn over the package.
The Second Circuit panel of Judges Guido Calabresi, William J. Nardini, and Eunice C. Lee agreed with the lower court that Nunes failed to produce sufficient evidence that Maddow and her producer acted with 'actual malice' — knowledge that the statement was false or reckless disregard for the truth. This requirement is a constitutional prerequisite for defamation claims involving public figures.
The appellate ruling affirmed the August 1, 2025, summary judgment granted by U.S. District Judge P. Kevin Castel, who emphasized that "no reasonable jury could find that NBCU made the statement with constitutionally-defined malice."
This case is among several defamation suits filed by Nunes between 2019 and 2023 that were dismissed or withdrawn, with courts repeatedly underscoring the protections granted to the press when reporting on public figures. It reinforces the challenges public figures face in litigating defamation claims and highlights key considerations for legal counsel advising clients in defamation and media law.
By the numbers:
- October 15, 2026 — Date of Second Circuit appellate ruling
- August 1, 2025 — Date of District Court's summary judgment for NBCUniversal
- March 18, 2021 — Date of Rachel Maddow's broadcast alleging Nunes’ conduct