6.0161

.ED IN OFFICE



 

"mcridln

RECEIVED 

WW

Deputy Clerk, l-lunrieo Circuit Court

 

VIRGINIA:

IN THE CIRCUIT COURT FOR THE COUNTY OF HENRICO

DEVIN G. NUNES

Plaintiffs,
Case No.  (I 

TRIAL BY JURY

TWITTER, INC., IS DEMANDED

ELIZABETH A. MAIR,
MAIR STRATEGIES, LLC,

[@DevinNunesMom]


[@DevinCow]

Defendants.



 

COMPLAINT

Plaintiff, Devin G. Nunes, by counsel, ?les the following Complaint against
defendants, Twitter, Inc. (?Twitter?), Elizabeth A. ?Liz? Mair Mair Strategies,
LLC (?Mair Strategies?), ?Devin Nunes? Mom? (@DevinNunesMom) and ?Devin
Nunes? cow" (@DevinCow), jointly and severally.

Plaintiff seeks compensatory damages and punitive damages in an amount not

less than $250,000,000.00, prejudgment interest on the principal sum awarded by

the Jury from March 18, 2018 to the date of Judgment at the rate of six percent per
year pursuant to 8.01-382 of the Virginia Code (1950), as amended (the ?Code?),
injunctive relief, and court costs arising out of defendants? negligence, defamation

per se, insulting words, and civil conspiracy.

I. INTRODUCTION
1. Twitter is an information content provider.1 Twitter creates and develops2

content,3 in whole or in part, through a combination of means: by explicit censorship

 

The term ?information content provider? means any person or entity that

is responsible, in whole or in part, for the creation or development of information
provided through the Internet or any other interactive computer service. See Title 47
US. C. 3009(3). The word responsible ordinarily has a normative connotation. See
The Oxford English Dictionary 742 (2"d ed. 1998) (stating one de?nition of responsible
as ?Morally accountable for one?s actions?). As one authority puts it: ?[W]hen we say,
?Every man is responsible for his own actions,? we do not think de?nitely of any
authority, law, or tribunal before which he must answer, but rather of the general law of
right, the moral constitution of the James C. Femald, Funk Wagnalls
Standard Handbook of Synonyms, Antonyms, and Prepositions 366 (1947). Synonyms
for responsibility in this context are blame, fault, guilt, and culpability. See Oxford
American Writer?s Thesaurus 747 (2"d ed. 2008). Accordingly, to be ?reSponsible? for
the development of offensive content, such as defamation, one must be more than a
neutral conduit for that content. One is not ?responsible? for the development of
offensive content if one?s conduct was neutral with respect to the offensiveness of the
content (as would be the case with the typical Internet bulletin board). We would not
ordinarily say that one who builds a highway is ?responsible? for the use of that highway
by a ?eeing bank robber, even though the culprit?s escape was facilitated by the
availability of the highway. Twitter is ?responsible? for the development of offensive
content on its platform because it in some way speci?cally encourages development of
what is offensive about the content. FTC v. Accusearch, Inc, 570 F.3d 1187, 1198-1199
(10?h Cir. 2009) (citing Fair Housing of Council of San Fernando Valley v.
Roommates. com, LLC, 521 F.3d 1157, 1168 (9th Cir. 2008) website helps to develop
unlawful content it contributes materially to the alleged illegality of the conduct?).

2 The word develop derives from the Old French desveloper, which means,
in essence, to unwrap. Webster?s Third New International Dictionary 618 (2002)
(explaining that devel0per is composed of the word veloper, meaning ?to wrap up,? and
the negative pre?x des The dictionary de?nitions for develop correspondingly revolve
around the act of drawing something out, making it ?visible,? ?active,? or ?usable.? 1d
Thus, a photograph is deveIOped by chemical processes exposing a latent image. See id
Land is developed by harnessing its untapped potential for building or for extracting
resources. See id. Likewise, when con?dential information is exposed to public view that
information is ?developed.? See id. (one de?nition of develop is ?to make actually
available or usable (something previously only potentially available or usable)?). FTC v.
Accusearch, Inc, 570 F.3d 1187, 1198 (10?h Cir. 2009).

3 ?Content? is information. It is the prinCipal substance (such as written
matter, illustrations, or music) offered by a website. 
webster. com/dictionarv/contentl.

of vieWpoints with which it disagrees, by shadow-banning conservatives, such as
Plainti?, by knowingly hosting and monetizing content that is clearly abusive, hateful
and defamatory providing both a voice and ?nancial incentive to the defamers 
thereby facilitating defamation on its platform, by completely ignoring lawful
complaints about offensive content and by allowing that content to remain accessible to
the public, and by intentionally abandoning and refusing to enforce its so-called
Terms of Service and Twitter Rules essentially refusing to self-regulate thereby
selectively amplifying the message of defamers such as Mair, Devin Nunes? Mom and
Devin Nunes? cow, and materially contributing to the libelousness of the hundreds of
posts at issue in this action.

2. Twitter created and developed the content at issue in this case by
transforming false accusations of criminal conduct, imputed wrongdoing, dishonesty and
lack of integrity into a publicly available commodity used by unscrupulous political
operatives and their donor/clients as a weapon. Twitter knew the defamation was (and is)
happening. Twitter let it happen because Twitter had (and has) a political agenda and
motive: Twitter allowed (and allows) its platform to serve as a portal of defamation in
order to undermine public con?dence in Plaintiff and to bene?t his opponents and
opponents of the Republican Party. In this case, Twitter contributed materially to the
illegal conduct of defamers Mair, Devin Nunes? Mom and Devin Nunes? cow. Twitter,
by its actions, intended to generate and proliferate the false and defamatory statements
about Plaintiff in order to in?uence the outcome of the 2018 Congressional election and

to intimidate Plaintiff and interfere with his important investigation of corruption by the

Clinton campaign and alleged Russian involvement in the 2016 Presidential Election.
Twitter knowingly acted as a vessel of opposition research.
II. PARTIES

3. Plaintiff, Devin G. Nunes (?Nunes? or ?P1aintiff?), is a citizen of
California. Born October 1, 1973, Nunes has served in the United States House of
Representatives since 2003. He currently represents California?s 22nd Congressional
District, which is located in the San Joaquin Valley and includes portions of Tulare and
Fresno Counties. He and his wife have three daughters. He is the author of the
book, Restoring the Republic, which was published in September 2010. Nunes was born
in Tulare, California. His family is of Portuguese descent, having emigrated from the
Azores to California. From childhood, he worked on a farm that his family operated in
Tulare County for three generations. Nunes raised cattle as a teenager, used his savings
to begin a harvesting business, and then bought his own farmland with his brother.
Nunes graduated from Tulare Union High School. After associate?s work at College of
the Sequoias, Nunes graduated from Cal Poly San Luis Obispo, where he received a
bachelor?s degree in agricultural business and a master?s degree in agriculture. Nunes
was ?rst elected to public of?ce as one of Califomia?s youngest community college
trustees in state history member of the College of the Sequoias
Board from 1996 to 2002, he was an advocate for distance learning and the expansion of
programs available to high school students. In 2001, he was appointed by President
George W. Bush to serve as California State Director for the United States Department of
Agriculture?s Rural Development section. He left this post to run for California?s 21St

Congressional District and now serves in the 22nd District as a result of redistricting in

2010. Nunes serves as Ranking Member of the House'Permanent Select Committee on
Intelligence, having been appointed to the Committee in the 112?h Congress and serving
as Committee Chairman during the 114th and 115th Congresses. He was appointed to the
Ways and Means Committee in the 109m Congress and now serves as a Ranking Member
of the Health Subcommittee and a member of the Trade Subcommittee, having served as
Chairman of the Trade Subcommittee in the 113th Congress. Nunes previously served as
a member of the House Budget during the 111th Congress. In the 108th
Congress, his ?rst term in the House of Representatives, he served on the House
Resources Committee, in which he was Chairman of the National Parks Subcommittee,
and on the Agriculture and Veterans Affairs Committees. Congressman Nunes has
traveled extensively to war zones to meet with soldiers and examine ?rst-hand their
status. As a member of the House Permanent Select Committee on Intelligence, he
participates in oversight of the US. national security apparatus, including the
intelligence-related activities of seventeen agencies, departments, and other elements of
the United States Government. Nunes authored the Hubbard Act of 2008 (HR. 5825),
which was named in honor of the Hubbard brothers of California Jared, Nathan, and
Jason. Jared and Nathan lost their lives serving in Iraq. Jason was discharged as a sole
survivor, but was denied separation bene?ts upon leaving the Army. The Hubbard Act,
which was enacted into law, provides sole survivors with numerous bene?ts that were
already offered to other soldiers honorably discharged. It relieves sole survivors from
repaying any portion of their enlistment bonus; entitles them to the educational bene?ts
of the Montgomery GI Bill; and allows them to receive separation pay and transitional

healthcare coverage. 

4. Nunes? career as a United States Congressman is distinguished by his
honor, dedication and service to his constituents and his country, his honesty, integrity,
ethics, and reputation for truthfulness. and veracity.

5. In 2018, during his last re?election for the 22nd Congressional District,
Nunes endured an orchestrated defamation campaign of stunning breadth and scope, one
that no human being should ever have to bear and suffer in their whole life. Unlike prior
elections, where Nunes won by sweeping majorities, NUnes won on November 6, 2018
by a much narrower margin, receiving 52.7% of the 222,379 votes.
The malicious,
false and defamatory statements and relentless attacks on Nunes? reputation did not stop
after he won the Congressional election in 2018. The defamation continues. It must be
stopped.

6. Defendant, Twitter, is a Delaware corporation. Its principal executive
of?ce (headquarters) is in California. Twitter is a public company (N with
35+ of?ces worldwide. In its 2017 annual report on Form 10-K, filed with the United
States Securities and Exchange Commission Twitter made the following

representations about its business and primary service:

 

Twitter is the best place to see what's happening and what people are talking about. Every day, instances of breaking news. entertainment. sports,
politics. big events and everyday interests happen first on Twitter. Twitter is where the lull story untotds with ive commentary and where live events some to tile
unlike anywhere else. Our primary service can be accessed on a variety of mobile devices, at twittercom and via SMS.

 

 

 

 

Our primary service, Twitter. is a global plattorm lor public self-expression and conversation in real time. Twitter allows people to consume, create,
distribute and discover content and has democratized content creation and distrbution. The reach of Twitter content is not limited to our logged-in users on the
Twitter platiomr, but rather extends to a larger global audience.

The pubic nature of the Twitter plattorm allows us and others to extend the reach of Twitter content beyond our properties. Media outlets and our
plattorm partners distribute Tweets beyond our preperties to complement their content by making it more timely, relevant and comprehensive. These outlets and
partners also add value to our user experience by contributing content to our platform. Many of the world?s most trusted media outlets. including the BBC, CNN,
Bloomberg and the Associated Press. regularly use Twitter as a platform tor content distribution.

 

 

 

Twitter is ubiquitous. Twitter is at home in Virginia. Twitter is registered to transact
business in Virginia (VA SCC Id. No. 198299-2); it maintains a registered of?ce and
registered agent in Glen Allen, Virginia (Henrico County); millions of Virginians have
Twitter accounts and use Twitter on a daily basis; Twitter targets Virginians every minute
of every day with advertisements of all kinds and earns millions of dollars in revenues
from its Virginia source customers. Twitter?s technology platform and information
database enables it to target citizens based on ?audience attributes? like ?geography,
interests, keyword, television conversation, content, event and devices?. Twitter?s
targeting capabilities allow it to develop content and act as a political action committee
and, as happened in this case, to squelch the voice and assassinate the character of its
political opponents. Twitter makes it possible ?for advertisers to promote their brands,
products and services, amplify their visibility and reach, and complement and extend the
conversation around their advertising campaigns? in a variety of ways. Through the use

of ?Promoted Products?, such as ?Promoted Tweets?,4 ?Promoted Accounts? and

 

4 Using its ?proprietary algorithm and understanding of each user?s Interest

Graph,? Twitter delivers Promoted Tweets that are ?intended to be relevant to a particular
user.? Twitter?s goal is to ?enable advertisers to create and Optimize successful
marketing?campaigns and pay either on impressions delivered or pay only for the user
actions that are aligned with their marketing objectives.?

?Promoted Trends?, Twitter enables advertisers to target Virginians based on a variety of
factors, including a user?s ?Interest Graph?.5

7. Defendant, Mair, is a citizen of Virginia. She lives and works in Arlington
County. Mair joined Twitter in either 2007 or 2010. She currently operates a twitter
account, titled ?BrandValue$4B?, with the handle/tag ?@LizMair? and 37,900 followers.

1121mm; see also Mair?s Twitter pro?le discloses
that she is a ?Comms strategist. Blunt Walker Rand Paul Perry
Fiorina former RNC Online Comms Director; Tory; libertarian; Arsenal fan?.
Mair claims that she is ?the leading right-of?center online communications
operative?. In December 2015, Mair
founded a super PAC called ?Make America Awesome? (FEC Id. C00594176), whose
sole (and failed) purpose was to block and reverse Donald?s Trump?s ascent in politics by
using ?unconventional and cost-effective tactics?.7 Mair claims that since 2011 she has

?advised multiple Fortune 500, FTSE 100 and other publicly-traded corporate clients, as

 

5 Twitter conducts surveillance on its users, collects data on its users and

sells that data to advertisers and others. The ?Interest Graph maps, among other things,
interests based on users followed and actions taken on our platform, such as Tweets
created and engagement with Tweets.?

5 Mair was terminated from the Walker campaign shortly after she tweeted
derogatory and disparaging statements about the residents of Iowa.




7 Plaintiff was a member of the Trump transition team, and is widely
recognized for his arguments that the accusations that President Trump and his associates
colluded with Russia are false. Mair is famous for her appearance on CNN, where she
referred to then presidential candidate Donald Trump as a ?loud mouth dick?.
strategist liz mair trum
a loud mouth dick.htm1.

well as numerous large trade associations and prominent non-pro?ts on communications

her LinkedIn pro?le, Mair admits that:

 

What do I do for these clients? Anonymously smear their opposition
on the Internet.

More broadly? Get sh*t done.

 

 

 

During Nunes re-election campaign in
2018, Mair conspired with (and presumably was paid by) one or more as-yet unknown
?clients? to attack and smear Nunes. True to her word on Linkedfn, Mair relentlessly
smeared and defamed Nunes during the campaign, ?lming stunts at Nunes? of?ce in
Washington, DC. and posting them online, publishing videos on YouTube that falsely
accused Nunes of multiple crimes, repeatedly publishing false and defamatory statements
on Twitter,8 defaming Nunes online and to the press, and ?ling fraudulent ethics
complaints against Nunes accusing him, inter alia, of violating House Ethics Rules, e. 




 

3 Mair falsely tweeted to her 37,900 followers, inter alia, that Nunes ?voted
for warrantless wiretapping and unlimited surveillance of Americans? emails (incl Carter
Page?s)? that Nunes broke
the law when he ?Spent contributions that are supposed to be used for the express
purposes of the PAC or committee in question, and not for ?nancing their personal
lifestyle choices. That is a legal problem, not just an ethical or optics-related one?
and that Nunes leaked text
messages between a lobbyist and Senator Mark Warner to Fox News
Even after Nunes won the
election, Mair continued to attack him, stating, inter alia, that Nunes was ?still a clown
with big league ethical issues that may well cost him his seat in 2020?
574579223 949312].




accountable?ref code=share&utm source=sharer-
ask&utm medium=receipt&utm 
tm content=20&source 






 


As part of her smear campaign on behalf of clients, Mair was out to ?stick it? to Nunes in
2018. By her own admissions, she ?hates Devin Nunes? and ?dumped'2 a lot? on Nunes.

Mair tweeted 

 

9 Among the false statements published by Mair in this video is that ?Nunes
is still entangled with a winery implicated in a scandal involving his co-investors, cocaine
and child prostitutes?.

In this publication, Mair makes the following false statements about
Nunes: ?Ethical leadership in government? He?s invested in a winery that allegedly
solicited capital by using underage prostitutes. Really?.

Mair published the following statement to the Fresno Bee, [the
Of?ce of Congressional Ethics] should prioritize a review of Rep. Nunes? investment and
involvement in the Alpha Omega Winery, and the facts reported by The Fresno Bee.
Such review should be undertaken as swiftly as possible?.

?2 Opposition research (also called ?oppo? research) 'is the practice of
collecting information on a political opponent or other adversary that can be used to
discredit or otherwise weaken them. The information can include biographical, legal,
criminal, medical, educational, or ?nancial history or activities. ?Oppo dumps? are used
by political campaigns to systematically supply ?les of damaging information to press
outlets, including matters of the public record, video footage from party archives and
private collections, as well as private intelligence gathered by operatives.

10

 A yacht, cocaine, prostitutes: Winery partly owned by Nunes sued after
fundraiser event?. Mair?s
tweet, with an article by the Fresno Bee attached, implied that Nunes colluded with
prostitutes and cocaine addicts, that Nunes does cocaine, and that Nunes was involved in
a ?Russian money laundering front?. One of Mair?s most egregious and defamatory

tweets about Nunes was the following:

 

 BrandValue$4B? 
 @LizMair 
To be fair, I think the @fresnobee writing up your
investment in a winery that allegedly used underage
hookers to solicit investment-- an allegation you've known
about for years, during which you've stayed invested in it, I
might'add-? did surprise you.

Devin Nunes Q) @DevinNunes
Nothing surprises me any 

11:10 PM - Jun 22, 2018 . Twitter Web Client

1.6K Retweets 4.4K Likes

 

 

 

10103594628913274901. At all times relevant to this
action, Mair harbored spite, ill-will, actual malice, and a demonstrated desire to injure
Nunes? good name and reputation. Mair?s tweets about Nunes, for example, referred to
the Congressman with disdain as ?Dirty Devin?.

8. Defendant, Mair Strategies, is a Virginia limited liability company, active

and in good standing. Mair is the sole member and manager of Mair Strategies. On its

11

website, Mair Strategies claims to be a ?boutique
communications and public relations ?rm, with specialties in online, political, and crisis
communications, as well as opposition research formulation and seeding.? Mair
Strategies represents that it is an ?entirely virtual firm staffed by politics veterans? ?the
?rm is ?lean and mean? and brings an aggressive, hard-hitting, presidential campaign-
style approach to issues work it manages and executes for its clients.?
At all times relevant to this action,
Mair acted within the scope of her employment for Mair Strategies, acted during work
hours and while conducting Mair Strategies? business, using a Twitter account that linked
back to Mair Strategies, and with the knowledge and actual or apparent authority of Mair
Strategies. Mair Strategies is liable for Mair?s defamation of Nunes under the doctrine of
respondeat superior.

9. Defendant, Devin Nunes? Mom, is a person who, with Twitter?s consent,
hijacked Nunes? name, falsely impersonated Nunes? mother, and created and maintained
an account on Twitter (@DevinNunesMom) for the sole purpose of attacking, defaming,
disparaging and demeaning Nunes. Between February 2018 and March 2019, Twitter
allowed @DevinNunesMom to post hundreds of egregiously false, defamatory, insulting,
abusive, hate?il, scandalous and vile statements about Nunes that without question
violated Twitter?s Terms of Service and Rules, including a seemingly endless series of
tweets that falsely accused Nunes of obstruction of justice, perjury, misuse of classi?ed

information, and other federal crimes:

12

 

  

  Devin Nunes' Mom 

., -
:13. . Follow 
 @DevaunesMom 

Running around DCjumping from Ubers
doing political stunts, obstructing an
inyestigatiOn he was supposed to lead,
leaking classified info. And what about
Central Valley?s water infrastructure? I don't
know about you but I'm getting tired of this
bullshit. #RemoveNunes #Drewfor22

  

ea:
3  .

. Andrew Janz @lanzAndrey-d
Nunes is compromised. Help me take this national security threat

out of office. Every dollar goes to my grassroots campaign that can
#removenunes



 

 

 

 

   
  
 

?rm 
This is going to be disastrous for but
please understand @Devinl?lunes' difficult
situation. Between being eyeball-deep in a
federal obstruction investigation and then
cradling the president's balls full time, hejust

doesn't have time for you anymore. Surely
you understand.

 

13

 

 

.413 Devin Nunes' Mom @DevinNunesMom 24 May 2018 
 I wonder who's paying @DevinNunes all this money to obstructjustice?
a

 
 

 

 Washington Examiner$ @dcexaminer
Devin Nunes' fundraising explodes amid aggressive
defense of Trump from Russia probe 



 

24 El 128 C) 367 

 

 

 
   
  
     


 Devm Nunes? Mom
mime-l Follow 
 @DewnNunesMom

 

Replying to @FoxNews @DevinNunes 

@DevinNunes your district is looking for you?
Are you trying to obstruct a federal
investigation again? You come home right
this instant or no more Minecraft!

?l232 AM - 11 Jun 2018

 

 

 

 

 Devin Nunes' Mom 
. Follow 
 ,f @Devauneslvlom 

On November 6 you have the choice between
law and order or obstruction ofjustice.
#Drewfor22 #RemoveNunes 

Andrew Janz @JanzAndrew

Great spot in @RollingStone. I'm proud to be the law and order candidate in this race.


9:04 PM 25 Oct 2018

 

14

 

 

Devin Nunes' Mom Foam 
@DevinNunesMom 

If you believe in law and order vote for
@JanzforCongress. if you believe in
obstruction ofjustice and perjury vote for
@DevinNunes.

 

Muclcmal<er"" @RealMuckmak-er
Devin Nunes protects witnesses who might have committed perjury


8:57 PM - 3 Nov 2018

f?  

73 Retweets 200 Likes  ?3    

  
 


1

 

 

   
  

 Devin NuneS' Mom Follow 
 4 @DevinNunesMom 

When they say 'obstruction' they're talking
about you, @DevinNunes.

a 

Democrats now in the majority on the House Intel Cmte. had vowed that one of their
first acts would be to authorize the release of more than 50 witness interview
transcripts to Mueller to aid in his probe. 

11:04 PM - 31Jar12019

 

 

 

In her endless barrage of tweets, Devin Nunes? Morn maliciously attacked every aspect of
Nunes? character, honesty, integrity, ethics and ?tness to perform his duties as a United

States Congressman. Devin Nunes? Mom stated that Nunes had turned out worse than

15

Jacob Wohl;l3 falsely accused Nunes of being a racist, having ?white supremist friends?
and distributing ?disturbing in?ammatory racial propaganda?; falsely accused Nunes of
putting up a ?Fake News sign outside a Texas Holocaust museum; falsely stated
that Nunes would probably join the ?Proud Boys?,l4 ?if it weren?t for that unfortunate ?no
masturbating? rule?; disparagingly called him a ?presidential ?uffer and swamp rat?;
falsely stated that Nunes had brought ?shame? to his family; repeatedly accused Nunes of
the crime of treason, compared him to Benedict Arnold, and called him a ?traitor?,
?treasonous shitbag?, a ?treasonous Putin shill?, working for the ?Kremlin?; falsely stated
that Nunes was ?100% bought and sold. He has no interest remaining for his
constituents?; falsely accused Nunes of being part of the President?s ?taint? tearn;'S
falsely stated that Nunes was un?t to run the House Permanent Select Committee on
Intelligence; falsely accused Nunes of ?secretly hat[ing] the people he?s supposed to
serve?; falsely accused Nunes of being a ?lying piece of shit?; falsely stated that Nunes
would lose custody of his children and was going to ?the pen?; falsely accused Nunes of

receiving pay for undermining ?American Democracy?; falsely stated that Nunes was

 

'3 Jacob Wohl has been publicly described as an ?American far-right
conspiracy theorist, fraudster, and internet troll.? On February 26, 2019, Twitter
permanently suspended Wohl for violating its rules regarding creating and operating fake
accounts. Wohl].

l? See 

bgyg]. The Proud Boys have been called a ?white supremacists?, ?extremist? and a ?hate
group?. Devin Nunes? Morn accused Nunes of ?running with those Nazi scumbags
again?.
'5 The verb ?taint? means to contaminate morally or to affect with
putrefaction. A ?taint? is a contaminating mark or in?uence or a trace of a bad or
undesirable substance or quality. 
The Urban Dictionary de?nes ?taint?
as the area of skin on a women between her vagina and her anus.


16

?the most despicably craven GOP public official? and that ?Devin might be a
unscrupulous, craven, back-stabbing, charlatan and traitor, but he?s no Ted Cruz?; falsely
stated that Nunes was ?voted ?Most Likely to Commit Treason? in high school?; falsely
stated that ?The people of California?s Central Valley are upright folk who work hard,
look you square in the and give you a ?rm handshake. And then there is
@DevinNunes?; falsely stated that Nunes is ?not ALL about deceiving people. He?s also
about betraying his country and colluding with Russians?; stated don?t know about
Baby Hitler, but would sure-as-shit abort baby Devin?; falsely stated that ?Alpha Omega
wines taste like treason?; falsely stated that ?@DevinNunes wanted me to tell everyone
that he?ll be releasing a pic soon to get ahead of that AMI thing, and that it only looks
that way because of all the blow?; falsely suggested that Nunes might be willing to give
the President a ?blowjob?; falsely stated ?@Devin Nunes look @SpeakerRyan is
removing @Rep__Hunter from his committee seat because he?s corrupt and incompetent.
I wonder why he let you keep yours??; falsely accused Nunes of ?covering up Trump?s
conspiracy against the United States?; falsely accused Nunes of lying to Congress; falsely
accused Nunes of suborning ?perjury?; falsely stated that ?@Devin Nunes is
DEFINITELY a feckless cunt?; falsely stated that you vote for @Devin Nunes the
terrorists win?; falsely stated ?please don?t call @DevinNunes compromised. He?s not at
all. He?s a complete and total fucking traitor?; falsely stated that Nunes was a ?spy? in
Congress ?passing along information to the subject of a federal investigation?; falsely
stated that Nunes knows ?a thing or two about throwing away evidence, don?t you

Scabbers?;?5 falsely claimed that Nunes was and hiding and ?hopes he

 

'6 ?Scabbers? refers to Ron Weasley?s pet rat in the Harry Potter books.

17

doesn?t get indicted?; falsely claimed that Nunes would ?probably see an indictment
before 2020?; and even falsely stated that Nunes has ?herp-face?. Many of the tweets

were vile and repulsive, including tweets that depicted Nunes engaged in sexual acts with

the President:

Devin Nunes' Mom 
.i r0 low 
i 

Replying to (?17 Natasha Bertrand

Here?s a helpful diagram to explain their
relationship.

 

 

    

Putin  Trump Nunes

9:26 PM 

 

 

 

Devin Nunes? Morn hurled repeated insults at Nunes and other members of Congress.

For instance, she tweeted the following to Representative Matt Gaetz (R-FLI):

18

 

         
    

7"

m; Devin Nunes Mom 
t, E. .32 @DevaunesMom



. w.

Replying to @mattgaetz

You know @DevinNunes is getting really
upset that he has to share Trump's rectum
space with you. HE WAS THERE FIRST.

8:32 AM - 7 Feb 2019

 

 

Devin Nunes? Mom falsely accused Nunes of spending money at the ?Spearmint Rhino",

a strip club in Las Vegas 

 

 

Folluw 


spent it all in Vegas at the Spearmint Rhino
you might still be able to afford you re
election campaign. But What do I know?

Steve Sebelius @SteveSebelius

Oh, no! Fake news-purveyor Devin Nunes says he may not have enough money to
counter the mainstream media's deceitful lies (read?truthful reporting about his
antics). Hope he makes his FEC deadline!

 

12:20 AM 27 Jul 2018

 

 

Devin Nunes? Morn falsely accused Nunes of frequenting prostitutes and doing cocaine:

19

 

 

 

 
  

 - We
 @??Nui?im om 
These two geniuses want to teach us all about
environmental science. Never mind the fact
that both of their expertise put together is
worth less than a bag of clicks. When we have

questions about hookers or Vegas strip clubs
we'll call you, ok @DevinNunes?

  

Devin Nunes @DevinNunes

for bringing much needed attention to our flawed
environmental policies! Forests should be managed properly and water should be
allowed for farmers to grow food to feed people. for supporting the people of San
Joaquin Valley and Sierra Nevada mountains! 

12:25 AM - 6 Aug 2018

136 Retweets 585 Likes         

 

 

 

She falsely professed to know ?all about the hookers and coke on boats? 

 

 Devin Nunes' Mom  ?3
 ff) . Folio I 
 . UI les 0 

 

on there's so much they don't know, sweetie.
also hope they don't know about all the
hookers and coke on boats.
twittercom/enjanted/statu 

This Tweet is unavailable.

10:36 PM 16 Dec 2018

 

17 Retweets 169 Likes   in; 

 

 $9  5%

 

 

2O

Devin Nunes? Morn even tweeted false and defamatory statements by Mair:

 

 

   

 

 Devin Nunes' Mom  
 

Please don't retweet this. It's going to make
@DevinNunes look really bad.

Liz Mair@ @Lizlvlair

Good afternoon. In your non?Kavanaugh news. our ad pointing out a slew of
@DevinNunes failures is up on air, for the sec0nd week in a row. Watch till the end for
the good shit, and donate to keep the ad up here: 


 

 

11:54 PM - 24 Sep 2018

 

The sheer volume of defamatory tweets and the short time period over which they were
published is staggering. In or about March 2019, after Nunes suffered substantial insult,
humiliation, embarrassment, pain, mental suffering and damage to his reputation as a
result of the unprecedented personal and professional attacks on his character, Twitter
?nally suspended Devin Nunes? Mom?s account.

10. Defendant, ?Devin Nunes? cow?, a person who, with Twitter?s consent,
created and maintains an account on Twitter (@DevinCow) for the sole purpose of
attacking and defaming Nunes. @DevinCow
has 1,204 followers.? Like Devin Nunes? Mom, Devin Nunes? cow engaged a vicious
defamation campaign against Nunes that lasted over a year. Devin Nunes? cow has
made, published and republished hundreds of false and defamatory statements of and

concerning Nunes, including the following: Nunes is a ?treasonous cowpoke?;

 

?7 Mair actively encouraged her Twitter followers to ?go follow Devin
Nunes? Cow. No, really.? 

21

?prosecutors? were ?investigating Devin Nunes?; ?Nunes needs to be investigated. He
knew the truth, yet conspired with a criminal, @realDonaldTrump, to conceal the facts
from the investigation. Nunes is a criminal too?; ?718 more days until. your term is up,
Devin. Unless Mueller indicts you ?rst?; ?724 more days, Devin, unless the indictment
comes ?rst?; ?It?s on, Ranking Member Nunes. #nunesindictment?; ?Devin Nunes is a
traitor?; ?Devin Nunes used Leadership PAC funds on luxury vacay in his family?s native
Portugal?; Nunes hung out with the Proud Boys at a private invite-only fundraiser;
?Devin?s boots are full of manure. He?s udder-1y worthless and its pasture time to move
him to prison?; ?Devin is whey over his head in crime  I bet @DevinNunes? cocaine
yacht and underage prostitutes won Trump over #AlphaOmegal?.

The substance and timing of the tweets, retweets, replies and likes by
Mair, Devin Nunes? Mom and Devin Nunes? cow demonstrates that all three bad actors
were and are engaged in a joint effort, together and with others, to defame Nunes and
interfere with his duties, employment and investigations of corruption as a United States
Congressman. The purpose of the concerted defamation campaign was to cause immense
pain, intimidate, interfere with and divert Nunes? attention from his investigation of
corruption and Russian involvement in the 2016 Presidential Election.

12. In addition to @LizMair, @DevinNunesMom and @DevinCow, between
2018 and the present, Twitter authorized the creation and operation of many other
incendiary accounts whose sole purpose was (and is) to publish and republish (tweet and
retweet) false and defamatory statements about Nunes. Among these additional Twitter
accounts are ?Fire Devin Nunes? (@?reDevinNunes) and ?Devin Nunes? Grapes?

(@DevinGrapes). The additional Twitter accounts followed the same pattern as

22

@DevinNunesMom and @DevinCow, and published the same false and defamatory
statements Nunes was involved in underage prostitution, etc. Fire Devin Nunes
published memes of Nunes in prison attire. In a July 30, 2018 post, Devin Nunes? cow

retweeted the following:

 

Til - Devin Nunes? cow Retweeted

J. .311?: -  .
  Devm Nunes' Grapes
@DevinGrapes

  

Man, @KimStrassel went to visit
@DevinCow but not me? I'm so
offended. Maybe she didn't want
to be associated with the winery
whose yacht hosted Devin's
co-investors doing coke and
getting BJs from 14 year olds.
10:21 AM - 30 Jul 18

 

 

 

The Twitter attacks on Nunes were pre-planned, calculated, orchestrated and undertaken
by multiple individuals acting in concert, over a continuous period of time exceeding a
year. The full scope of the conspiracy, including the names of all participants and the
level of involvement of donors and members of the Democratic Party; is unknown at this

time and will be the subject of discovery in this action.

23

 JURISDICTION AND VENUE

13. The Circuit Court for the County of Henrico has jurisdiction of this matter
pursuant to 17.1-513 of the Virginia Code (1950), as amended.

14. The Defendants are subject to personal jurisdiction in Virginia pursuant to
Virginia?s long?arm statute, and of the Code, as well as
the Due Process Clause of the United States Constitution. The Defendants are subject to
general personal jurisdiction in Virginia. They engage in continuous and systematic
business in Virginia. They all have minimum contacts with Virginia such that the
exercise of personal jurisdiction over them comports with traditional notions of fair play
and substantial justice and is consistent with the Due Process Clause of the United States
Constitution.

15. Venue is prOper in the Circuit Court for the County of Henrico pursuant
to and ofthe Code.

IV. STATEMENT OF ADDITIONAL MATERIAL FACTS
A. Witter. Tweets and Retweets

16. Twitter is a social networking and micro-blogging service that allows
users to post ?tweets? and to ?retweet? and ?like? others? posts. tweet is a short text
post  delivered through Internet or phone-based text systems to the author?s
subscribers?. United States v. Fang Ling Liu, 69 F.supp.3d 374, 377 (S.D.N.Y. 2014);
(in general, a ?tweet? is a
?message posted to Twitter containing text, photos, a GIF, and/or Video?). A ?retweet? is
simply a repost of another Twitter user?s tweet on a user?s own pro?le to show to that

user?s own followers. 

24

17. Twitter?s core product Twitter has over 321,000,000 active 
users. A total of 500,000,000 tweets are sent every single day. 126,000,000 people use
Twitter every day. There are over 69,000,000 Twitter users in the United States over
thirty-six percent of all Americans use the platform to publish and republish
information. sly/20 1 9/ 02/ 07/twitter-reveals-
term=.2a744974e596;


18. Twitter generates revenues by selling advertising on its platform. In the
year ended December 31, 2017, Twitter?s total revenue was $2.44 Billion Dollars. Of
that sum, $2.11 Billion Dollars consisted of revenue received from advertising.

19. Twitter uses its platform, including proprietary algorithms, selectively to
convey its corporate/institutional viewpoint, its position on issues and candidates for
of?ce, such as Plaintiff, to in?uence the outcome of elections, such as the 2018 election
for California?s 22nd Congressional District, and as a dumping ground for ?oppo
research?. Twitter is not a neutral platform such as an Internet bulletin board. To the
contrary: as part and parcel of its Twitter?s role as an internet content provider, Twitter
and its CEO, Jack Dorsey, actively endorse and promote the many agendas of the
Democratic Party.

B. Twitter ?5 Terms of Service and Rules

20. For people who live in the United States, the ?Twitter User Agreement? is

comprised of ?Terms of Service?, a ?Privacy Policy?, the ?Twitter Rules? and all

incorporated policies. 

25

21. The Terms of Service (?Terms?) govern a user?s access to and use of
Twitter?s services, including its various websites, SMS, APIs, email noti?cations,
applications, buttons, widgets, ads, commerce services, and other covered services
(?Services?). Twitter contends that by using the Services, a user agrees to be bound by
the Terms. 

22. Twitter recognizes that it owes a duty of reasonable care to all persons
who use its platform. In order to protect the experience and safety of people who use
Twitter, Twitter imposes limitations on the type of content and behavior that it allows.
These limitations are set forth in the Twitter Rules. As a general rule, the Twitter Rules
prohibit use of the platform for ?any unlawful purposes or in furtherance of illegal
activities.? Unlawful purposes and illegal activities include defamation, business
disparagement and insulting words. Twitter represents that it believes in

?freedom of expression and Open dialogue, but that means little as an underlying

philosophy if voices are silenced because people are afraid to speak up. In order

to ensure that people feel safe expressing diverse opinions and beliefs, we prohibit
behavior that crosses the line into abuse, including behavior that harasses,
intimidates, or uses fear to silence another user?s voice.?

To this end, the Twitter Rules expressly bar ?abuse? and ?hateful conduct?:
??an?56: You may not engage in the targeted harassment of someone, or

incite other people to do so. We consider abusive behavior an attempt to harass,
intimidate, or silence someone else?s voice.?

Hateful conduct: You may not promote violence against, threaten, or harass
other people on the basis of race, ethnicity, national origin, sexual orientation,
gender, gender identity, religious af?liation, age, disability, or serious disease.

Hateful imagery and display names: You may not use hateful images or symbols
in your pro?le image or pro?le header. You also may not use your username,
display name, or pro?le bio to engage in abusive behavior, such as targeted
harassment or expressing hate towards a person, group, or protected category.

26

Impersonation

You may not impersonate individuals, groups, or organizations in a manner that is

intended to or does mislead, confuse, or deceive others. While you may maintain

parody, fan, commentary, or newsfeed accountsthe intent of

the account is to engage in spamming or abusive behavior.
Twitter?s rationale for
prohibiting abusive behavior is as follows:

?On Twitter, you should feel safe expressing your unique point of view. We

believe in freedom of expression and open dialogue, but that means little as an
underlying philosophy if voices are silenced because people are afraid to speak

up.
In order to facilitate healthy dialogue on the platform, and empower individuals to
express diverse opinions and beliefs, we prohibit behavior that harasses or
intimidates, or is otherwise intended to shame or degrade others.?

Twitter acknowledges that:

?In addition to posing risks to people?s safety, abusive behavior may also lead to
physical and emotional hardship for those affected.?


23. Twitter can suspend or terminate an account or cease providing the user
with all or part of the Services at any time for any or no reason, including, but not limited

to, if Twitter believes: the user has violated the Terms or the Twitter Rules, or (ii) the

 

'8 The rationale for Twitter?s ?Hateful Conduct Policy? is similar:

?Twitter?s mission is to give everyone the power to create and share ideas and
information, and to express their opinions and beliefs without barriers. Free
expression is a human right we believe that everyone has a voice, and the right
to use it. Our role is to serve the public conversation, which requires
representation of a diverse range of perspectives.

We recognise that if peOple experience abuse on Twitter, it can jeepardize their
ability to express themselves.?



27

user creates risk or possible legal exposure for Twitter. Twitter reserves the right to
remove content that violates the User Agreement, including for example, content that
constitutes or involves ?unlawful conduct? or ?harassment?. 

24. @LizMair, @DevinNunesMom, @DevinCow, @?reDevinNunes, and
@DevinGrapes repeatedly tweeted and retweeted abusive and hateful content about
Nunes that expressly and undoubtedly violated Twitter?s Terms and Rules.

25. Twitter provides a means to report these violations of its Terms and Rules.

Twitter claims it reviews and takes action on
reports of abusive behavior and hateful content. 


26. Twitter publicly professes to monitor its platform, as part of its effort to
self-regulate content and conduct and avoid regulation by both State and Federal
Governments. [Sea 
december- 1 Com/201 
Over the course of 2018, upon
information and belief, Twitter?s content moderators reviewed the accounts of- @LizMair,
@DevinNunesMom, @DevinCow, @?reDevinNunes, and @DevinGrapes, and were
well aware of the defamation as it was occurring. Upon information and belief, Twitter
users also reported the abusive behavior of Mair, Devin Nunes? Morn, Devin Nunes? cow
and others to Twitter.

27. Twitter did nothing to investigate or review the defamation that appeared

in plain view on its platform. Twitter consciously allowed the defamation of Nunes to

28

continue. As part of its agenda to squelch Nunes? voice, cause him extreme pain and
suffering, in?uence the 2018 Congressional election, and distract, intimidate and interfere
with Nunes? investigation into corruption and Russian involvement in the 2016
Presidential Election, Twitter did absolutely nothing. Twitter permitted
@DevinNunesMom, for instance, to tweet and retweet with impunity throughout 2018.
Twitter only suspended the account in 2019 after Nunes? real mother, Toni Dian Nunes,
complained.

28. Twitter represents that it enforces its Terms and Rules equally and that it
does not discriminate against conservatives who wish to use its ?public square?. This is
not true. This is a lie. Twitter actively censors and shadow-bans conservatives, such as
Plaintiff, thereby eliminating his voice while amplifying the voices of his Democratic

detractors.

C. Shadow-Banning

29. Twitter is infamous for ?shadow-banning?? conservatives, including

Nunes. See, 




 

'9 ?Shadow banning? is the deliberate act of ?making someone?s content
undiscoverable to everyone except the person who postedit, unbeknownst to the original
poster.? 
Shadowbanned users are not told that they have been
affected. They can continue to post messages, add new followers and comment on or
reply to other posts. But their messages may not appear in the feed, their replies may be
suppressed and they may not show up in searches for their usernames. The only hint that
such a thing is happening would be a dip in likes, favorites or retweets??or an ally
alerting them to their disappearance. 
explains/201 8/ 08/ lwhat-is-shadowbanning] .

29





twitter-over-shadowbanl; 




30. In 2018, Twitter shadow-banned Plaintiff in order to restrict his free
speech and to amplify the abusive and hateful content published and republished by Mair,
Devin Nunes? Morn, Devin Nunes? cow, Fire Devin Nunes, Devin Nunes Grapes, and
others. The shadow-banning was intentional. It was calculated to interfere with and
in?uence the federal election and interfere with Nunes? ongoing investigation as a
member of the House Permanent Select Committee on Intelligence.

31. Twitter?s actions affected the election results. The combination of the
shadow-ban and Twitter?s refusal to enforce its Terms and Rules in the face of clear and
present abuse and hateful conduct caused Nunes to lose support amongst voters.
Twitter?s actions also detracted from Nunes? investigation into corruption and Russian

involvement in the 2016 Presidential Election.

32. Twitter?s use of its platform as a portal for defamation by political
operatives and their clients runs contrary to every tenet of American Democracy,
including the guarantees of both the First Amendment and Article I, 12 of the Virginia
Constitution. In the words of the late United States Supreme Court Justice Oliver
Wendell Holmes, Jr., ?if there is any principle of the Constitution that more imperativer

calls for attachment than any other, it is the principle of free thought not free thought

30

for those who agree with us but freedom for the thought that we hate.? United States v.
Schwimmer, 279 US. 644, 654?655 (1929) (Holmes, J., dissenting).
COUNT I NEGLIGENCE
33. Plaintiff restates paragraphs 1 through 32 of his Complaint, and
incorporates them herein by reference.
34. Twitter is a ?modern public square.? Packingham v. North Carolina, 137 S.
Ct. 1730, 1737 (2017). As the United States Supreme Court noted in Packingham, ?on
Twitter, users can petition their elected representatives and otherwise engage with them in
a direct manner. Indeed, Governors in all 50 States and almost every Member of Congress
have set up accounts for this purpose. In short, social media users employ these websites
to engage in a wide array of protected First Amendment activity on topics as diverse as
human thought.? 137 S. Ct. at 1735-1736 (internal citations and quotations omitted). The
Court in Packingham went on to observe, in regard to social media sites like Twitter, that:

?These websites can provide perhaps the most powerful mechanisms available to

a private citizen to make his or her voice heard. They allow a person with an

Internet connection to ?become a town crier with a voice that resonates farther

than it could from any soapbox.?

Id. at 1737 (citation omitted) (quoting Reno v. American Civil Liberties Union, 521 U. S.
844, 870 (1997)).

35. Access to Twitter is essential for meaningful participation in modern-day
American Democracy. A candidate without Twitter is a losing candidate. The ability
to use Twitter is a vital part of modern citizenship. A presence on Twitter is essential for
an individual to run for office or engage in any level of political organizing in modern

America. That is because Twitter is not merely a website: it is the modern town square.

Twitter is equivalent to the private owner of a public forum who has fully opened its

31

property to the general public for purposes of permitting the public?s free expression and
debate. That is, in fact, what Twitter has always claimed to be: its stated mission is to
?[g]ive everyone the power to create and share ideas instantly, without barriers?; its self-
proclaimed guiding principle is that believe in free expression and believe every
voice has the power to impact the world?; and it has referred to itself as ?the live public
square, the public space - a forum where conversations happen.?

36. As the private operator of a public square, Twitter owed Nunes a duty to
exercise ordinary and reasonable care in the operation of its platform, so as not to cause
harm to Nunes.

37. Twitter breached its duty of reasonable care. Twitter used its platform and
allowed its platform to be used by others as a means to defame Nunes. Twitter failed to
take action to enforce its Terms and Rules in the face of known abusive behavior and
failed to reasonably monitor and police the platform to ensure that rampant abuse and
defamation was not occurring.

38. As a direct and proximate result of Twitter?s negligence, Nunes suffered
actual damages in the amount of $250,000,000, including pain, in?sult, embarrassment,
humiliation, emotional distress and mental suffering, and injury to his personal and
professional reputations.

COUNT II DEFAMATION PER SE

39. Plaintiff restates paragraphs 1 through 38 of his Complaint, and
incorporates them herein by reference.

40. The law of defamation protects a basic constitutional interest: the

individual?s right to personal security and the uninterrupted entitlement to enjoyment of

32

his reputation. Gazette, Inc. v. Harris, 229 Va. 1, 7, 325 713 (1985) (citation
omitted). In Rosenblatt v. Baer, Mr. Justice Stewart emphasized that:
??Society has a pervasive and strong interest in preventing and redressing attacks
upon reputation.? The right of a man to the protection of his own reputation from
unjusti?ed invasion and wrongful hurt re?ects no more than our basic concept of
the essential dignity and worth of every human being?Ha concept at the root of
any decent system of ordered liberty  The destruction that defamatory
falsehood can bring is, to be sure, often beyond the capacity of the law to redeem.
Yet, imperfect though it is, an action for damages is the only hope for vindication
or redress the law gives to a man whose reputation has been falsely dishonored 
Surely if the 1950?s taught us anything, they taught us that the poisonous
atmosphere of the easy lie can infect and degrade a whole society.?
383 US. 75, 92?93 (1966); id. Milkovich v. Lorain Journal Co, 497 US. l, 12 (1990)
(?Good name in man and woman, dear my lord, Is the immediatejewel oftheir souls. Who
steals my purse steals trash; ?Tis something, nothing; ?Twas mine, ?tis his, and has been slave
to thousands; But he that filches from me my good name Robs me of that which not enriches
him, And makes me poor indeed?) (quoting WILLIAM SHAKESPEARE, OTHELLO, act 3
so. 3)).20
41. As a citizen of the United States of America and as a United States
Congressman sworn to uphold the Constitution and laws of this great country, Nunes has
a fundamental constitutional interest and entitlement to the uninterrupted enjoyment of
his reputation.

42. The First Amendment does not sanction slander or license libel. The

Defendants enjoy absolutely no privilege to use Twitter as a weapon to defame.

 

2? Libelous speech is not protected by the First Amendment. Bose Corp. v.

Consumers Union of the United States, Inc, 466 US. 485, 504 (1984) (cited in Pendleton
v. Newsome, 290 Va. 162, 173, 772 759 (2015)); id. United States v. Alvarez, 132
S. Ct. 2537, 2560 (2012) (?false factual statements possess no First Amendment value?).

33

43. With the actual or apparent authority of Twitter, the Defendants, using
accounts maintained on Twitter and by Twitter, made, published and republished
numerous false factual statements, which are. detailed verbatim above, about or
concerning Nunes without privilege of any kind.

44. The false statements constitute defamation per se. The statements accuse
and impute to Nunes the commission of crimes involving moral turpitude and for which
Nunes may be punished and imprisoned in a state or federal institution. The statements
impute that Nunes is infected with some contagious disease, where if the charge were
true (and it is not), it would exclude Nunes from society. The statements impute to
Nunes an un?tness to perform the duties of an of?ce or employment for pro?t, or the
want of integrity in the discharge of the duties of such office or employment. Finally,
Defendants? false statements also prejudice Nunes in his profession or trade as a United
States Congressman.

45. Defendants? false statements have harmed Nunes and his reputation.

46. Nunes honorably serves as a United States Congressman. Defendants?
false statements that Nunes is a ?spy?, that he works for the ?Kremlin?, that he is a
?treasonous Putin shill? are especially egregious and insulting, considering that Nunes
has sworn a solemn oath to uphold the Constitution and Laws of the United States of
America and has dutifully discharged his duty to this Country for over a decade. The
baseless accusation of a connection between Nunes and Russia impugns the honor,
integrity and ethics of a United States Congressman and illustrates the desperate and

cowardly attempt to manufacture evidence of ?collusion? where none exists.

34

47. Defendants made the false statements with actual or constructive
knowledge that they were false or with reckless disregard for whether they were false.
Defendants acted with actual malice and reckless disregard for the truth for the following
reasons:

a. Defendants intentionally employed a scheme or artifice to defame
Nunes with the intent to cause him to lose the 2018 Congressional election. Defendants,
in whole or in part, acted in concert with clients to accomplish an unlawful purpose
through unlawful means, without regard for the Nunes? rights and interests.

b. Defendants knew that Nunes had and has not committed any
crimes and did not engage in the unlawful and salacious behavior described in the tweets.
There is no evidence in the public record to suggest that Nunes was (or is) the subject of
any criminal complaint or criminal investigation, and there are certainly no indictments,
arrests or convictions of any kind. Defendants? statements are total fabrications.

c. Defendants chose to manufacture and publish false and scandalous
statements and use insulting words that were unnecessarily strong and that constitute
violent, abusive and hateful language, disproportionate to the occasion, in order to
undermine public confidence in Nunes and affect the election. The words chosen by the
Defendants evince their ill-will, spite and actual malice.

d. Defendants did not act in good faith because, in the total absence
of evidence, they could not have had an honest belief in the truth of their statements
about Nunes.

e. Defendants reiterated, repeated and continued to republish false

defamatory statements out of a desire to hurt Nunes and to permanently stigmatize him.

35

48. As a direct result of Defendants? defamation, Nunes suffered presumed
damages and actual damages, including, but not limited to, insult, pain, embarrassment,?
humiliation, mental suffering, injury to his reputation, special damages, costs, and other
out-of-pocket expenses, in the sum of $250,000,000 or such greater amount as is
determined by the Jury.

.COUNT INSULTING WORDS

49. Plaintiff restates paragraphs 1 through 48 of his Complaint, and
incorporates them herein by reference.

50. Defendants? insulting words, in the context and under the circumstances in
which they were written and tweeted, tend to violence and breach of the peace. Like any
reasonable person, Nunes was humiliated, disgusted, angered and provoked by the
Defendants? insulting words.

51. Defendants? words are ?ghting words, which are actionable under 8.01-
45 of the Virginia Code (1950), as amended.

52. As a direct result of Defendants? insulting words, Nunes suffered actual
damages, including, but not limited to, insult, pain, embarrassment, humiliation, mental
suffering, injury to his reputation, Special damages, costs, and other out-of-pocket
expenses, in the sum of $250,000,000 or such greater amount as is determined by the
Jury.

COUNT IV COMMON LAW CONSPIRACY
53. Plaintiff restates paragraphs 1 through 52 of his Complaint, and

incorporates them herein by reference.

36

54. Beginning in February 2018 and continuing through the present, Mair,
Devin Nunes? Mom and Devin Nunes? cow, acting as individuals, combined, associated,
agreed or acted in concert with each other and/or with one or more ?clients? or other
donors, non-pro?ts, Operatives or agents of the Democratic Party (whose identity is
unknown at this time) for the express purposes of injuring Nunes, intentionally and
unlawfully interfering with his business and employment as a United States
Congressman, and defaming Nunes. In furtherance of the conspiracy and preconceived
plan, the Defendants engaged in a joint scheme the unlawful purpose of which was to
destroy Nunes? personal and professional reputations and influence the outcome of a
federal election.

55. The Defendants acted intentionally, without lawful
justi?cation, and with the express knowledge that they were defaming Nunes. As
evidenced by their concerted action on Twitter, the Defendants acted with the express and
malicious intent to cause Nunes permanent injury.

56. The Defendants? actions constitute a conspiracy at common law.

57. As a direct result of the Defendants? willful misconduct, Nunes suffered
actual damages, including, but not limited to, insult, pain, embarrassment, humiliation,
mental suffering, injury to his reputation, special damages, costs, and other out-of-pocket
expenses, in the sum of $250,000,000 or such greater amount as is determined by the
Jury.

COUNT INJUNCTION
58. Plaintiff restates paragraphs 1 through 57 of his Complaint, and

incorporates them herein by reference.

37

59. In order to protect Nunes's property interests and his reputation, Nunes
requests the Court to Order Twitter to reveal the names and contact information of the
persons behind the accounts ?Devin Nunes? Mom?, ?Devin Nunes? cow?, ?Fire Devin
Nunes? and ?Devin Nunes Grapes?, and to permanently enjoin and order Twitter to
suspend @LizMair, @DevinNunesMom and @DevinCow and to deactivate all
hyperlinks to all tweets, retweets, replies and likes by @LizMair, @DevinNunesMom
and @DevinCow that contain false and defamatory statements about Nunes.

60. The identity of those behind these Twitter accounts is a matter of great
public concern. Whether the accounts are controlled by wealthy Democrats, the
Democratic National Committee, an opposition research ?rm, such as Fusion GPS
the ?Russians?, the ?Chinese?, or some other foreign
government or non-governmental organization (NGO), the corruption of American
Democracy and society by intentional falsehoods, fraud and defamation must stop.

61. Nunes has no adequate remedy at law. Without Court intervention and an
injunction, Nunes will suffer actual and irreparable injury to his property interests and
personal rights by the mere fact that Defendants? defamatory tweets can be retweeted and
republished forever by third-parties.

62. There is a substantial likelihood that Nunes will succeed on the merits of

his claims.

38

Nunes alleges the foregoing based upon personal knowledge, public statements of
others, and records in his possession. Nunes believes that substantial additional
evidentiary support, which is in the exclusive possession of Twitter, Mair, Mair
Strategies, Devin Nunes Mom, Devin Nunes? cow and their agents and other third-
parties, will exist for the allegations and claims set forth above after a reasonable
opportunity for discovery.

Nunes reserves his right to amend this Complaint upon discovery of additional

instances of Defendants? wrongdoing.

CONCLUSION AND REQUEST FOR RELIEF

WHEREFORE, Devin G. Nunes respectfully requests the Court to enter Judgment
against the Defendants, jointly and severally, as follows:

A. Compensatory damages in the amount of $250,000,000.00 or such greater
amount as is determined by the Jury;

B. Punitive damages in the amount of $350,000.00 or the maximum amount
allowed by law;

C. Prejudgment interest from March 18, 2018 until the date Judgment is

entered at the maximum rate allowed by law;

D. Postjudgment interest at the rate of six percent per annum until paid;
B. Attorney?s Fees and Costs;
F. Such other relief 'as is just and proper.

TRIAL BY JURY IS DEMANDED

39

DATED: March 18, 2019

DEVIN G. NUNES

Steven S. Biss

Steven S. Biss (VSB 32972)
300 West Main Street, Suite 102
Charlottesville, Virginia 22903

Telephone: (804) 501 -8272
Facsimile: (202) 318-4098
Email: stevenbiss@earthlink.net

 

Counsel for Plainti?f Devin G. Nunes

4o