Last year retired Marine colonel Doug Applegate lost the closest congressional race of 2016 in California’s 49th congressional district by a little over a thousand votes against Darrell Issa, but now Issa has lost his defamation lawsuit against Applegate, filed last November 9. San Diego Union Tribune:
A judge has ordered Rep. Darrell Issa to pay his opponent from last year’s election more than $45,000 in legal expenses fees incurred during a defamation lawsuit.
In November, Issa, a Vista Republican, sued Democrat Doug Applegate over attack commercials the congressman said hurt his reputation. In March, a judge said that Issa didn’t prove his case, but also sided with Applegate who argued that he was exercising his free speech rights with the television commercials, and that Issa’s lawsuit was an attempt to silence criticism.
Now the judge has ordered Issa to reimburse Applegate, his campaign, and campaign manager Robert Dempsey. According to the June decision, Issa must pay $42,500 in attorney fees and another $2,842 in legal costs the defendants incurred while protecting themselves against Issa’ lawsuit.
What’s interesting about this case is that not only did Issa fail to make out a case for defamation, which is very difficult to prove when public figures are involved, but there is also a state law in California against lawsuits that are intended to discourage the exercise of free speech. Issa got ruled against on that as well. Be that as it may, Issa is appealing the judgment.