Judge dismisses defamation suit brought against Nancy Mace over explosive floor speech

'The Court recognizes that by finding that Defendant Mace was acting within the scope of her employment'

WASHINGTON, DC - DECEMBER 20: Rep. Nancy Mace (R-SC) heads for a House Republican caucus meeting in the basement of the U.S. Capitol on December 20, 2024 in Washington, DC. Following the two-hour meeting, Speaker of the House Mike Johnson announced an agreement on a continuing budget resolution, saying, "We will not have a government shutdown." (Photo by Chip Somodevilla/Getty Images)

Support independent journalism, $5/month, $50/year. No billionaires, no bribes.

WASHINGTON_ A federal judge dismissed the defamation case filed against GOP Rep. Nancy Mace (R-SC) by Brian Musgrave, one of four men she accused of sexual misconduct during a controversial floor speech on February 11.

In the lawsuit filed in March, Musgrave accused Mace — who is running for governor — of abusing her position of power and categorically denied the allegations the South Carolina Republican made during her House floor remarks.

However, U.S. District Judge Richard Gergel ruled that Mace was protected by federal immunity under the Federal Tort Claims Act (FTCA) and the Speech and Debate Clause, which allows members of Congress to speak with legal immunity during official proceedings.

"The Court recognizes that by finding that Defendant Mace was acting within the scope of her employment she is essentially provided immunity from libel and related actions under the FTCA," Judge Gergel wrote in his ruling.

The judge acknowledged the reality for plaintiffs in such cases: "Plaintiff alleges that the allegations against him are false, and they have devastated his personal reputation and caused great mental anguish to him and his family. Under the operation of the FTCA, Plaintiff has no civil remedy to hold accountable persons he believes have defamed him."

Citing the Supreme Court's decision in Westfall v. Ervin, Gergel noted that "official immunity comes at a great cost. An injured party with an otherwise meritorious tort claim is denied compensation simply because he had the misfortune to be injured by a federal official." However, he emphasized that immunity exists not "to protect an erring official, but to insulate the decision making process from harassment of prospective litigation." The ruling did not determine whether Mace actually defamed Musgrave.

During her February floor speech, Mace accused the four men of drugging, raping, and filming women without consent, alleging some may have been underage. She went on to state she felt "humiliated" and "violated" after learning she was videotaped "naked" without her knowledge.

The dramatic presentation included various props: a Bible, two glasses representing "two small vodka sodas," a full-sized safe she said matched the model her former fiancé used to store his phone, and handcuffs. While displaying the handcuffs, she challenged those objecting to her advocacy for women to "take me to jail."

The men vehemently denied the accusations of sexual misconduct.

Mace launches bid for S.C. governor

Mace also criticized South Carolina Attorney General Alan Wilson, a fellow gubernatorial candidate, accusing him of failing to adequately protect women during her February speech. Wilson's team responded that no law enforcement agency had referred criminal investigations to his office, placing such matters outside his jurisdiction.

On Wednesday, Eric Bowman, another man accused by Mace in her speech, turned himself in to authorities on felony domestic violence charges with a judge denying a bond request.