Nope.
Color me at least as skeptical about this effort as my earlier level of disbelief in the chances of Texas’ lawsuit prevailing at the Supreme Court. Christopher Krebs has earned plenty of sympathy for his rough rhetorical and professional treatment by Donald Trump and his allies, and for good reason. However, his attempt to recover damages for it from Joseph diGenova, the Trump campaign, and Newsmax has about as much chance as Sidney Powell’s Kraken suits, even if this complaint is much more polished (via Memeorandum): The former top U.S. cybersecurity official responsible for securing November’s presidential election sued the Trump campaign and one of its lawyers for defamation Tuesday, asserting that they conspired to falsely claim the election was stolen, attack dissenting Republicans and fraudulently reap political donations. Christopher Krebs, who was fired Nov.17 by President Trump after he refuted the president’s claims of widespread election fraud, singled out comments made almost two weeks later by attorney Joseph diGenova, who said Krebs should face the same punishment inflicted on those convicted of treason because he had asserted that the 2020 election was the most secure in history. “He should be drawn and quartered,” diGenova said on the outlet Newsmax, a third defendant. “Taken out at dawn and shot.” Was that a stupid and despicable thing to say? No doubt. Should Newsmax be a bit embarrassed by it? It’s tough to say why at least in terms of responsibility, as Newsmax doesn’t employ diGenova nor does it provide him a script for his extemporaneous analysis. In fact, the complaint notes in paragraph 14 that diGenova’s appearance was as Team Trump’s lawyer, not for Newsmax. And could these remarks have been a threat? Morally, maybe — but not legally in the Brandenburg sense. That matters, because one of the allegations in this suit is “diGenova’s dangerous incitement to violence”: It’s clear here that diGenova isn’t threatening Krebs or inciting anyone (in the legal sense) to action. He’s using hyperbole — irresponsibly, granted — to express his opinion of Krebs and his arguments. It’s akin to saying some politicians should be “tarred and feathered,” or “run out of town on a rail,” which also describe real mob actions of the past.
