CNN takes Robinson defamation case to federal court

RALEIGH, N.C. (CN) — CNN wants to face North Carolina’s lieutenant governor Mark Robinson in federal court, arguing to remove his defamation lawsuit from state court in documents filed Friday.

Robinson, who lost his race to become governor, sued CNN in October after it reported that he had made posts on porn forums in the late 2000s supporting the return of slavery and calling himself a “Black Nazi”. He also posted about peeping on women in gym showers as a teen and said he preferred Adolf Hitler over former President Barack Obama’s leadership. Robinson has denied any association with the accounts.

Also named in his lawsuit: Louis Love Money, a former porn clerk who made a music video in August claiming Robinson owes him money for producing an adult video. The music video, Robinson claims in his suit, caused The Assembly to write about Money’s claims, which resulted in the CNN article that cost him the race.

Money is included as a defendant, CNN said Friday, to prevent the lawsuit from being moved to federal court, a legal tactic known as fraudulent joinder.

Robinson can’t possibly win on his claims against Money, CNN said, because Money did not act with actual malice and Robinson can’t prove Money’s statements are defamatory.

“Robinson’s allegations that Money’s statements are “blatant fabrications” and that he has “actual knowledge of the falsity of his statements” do not save his defamation claim,” CNN said in its notice of removal.

The article, CNN said, is based on entirely different content than Money’s claims about Robinson, and the reporters included information about how they verified Robinson’s identity: through biographical data, publicly available information and his other posts.

“CNN is not affiliated with Money in any way. There is no allegation that anyone at CNN has even spoken to Money at any time ever. And the allegedly defamatory statements Robinson claims Money made are different in content than those he claims CNN made. In short, Robinson’s claims against Money have nothing to do with Robinson’s claims against CNN.”

In October, Money filed a motion to dismiss, claiming that the lawsuit was a stunt to support Robinson’s campaign, pointing to the $50 million price tag Robinson’s attorney had included in the suit. In North Carolina, plaintiffs in civil court are only allowed to claim that damages exceed $25,000, but Robinson requested $50 million in compensatory, special and punitive damages. Several days later, Robinson filed an amended complaint, adjusting the amount to meet the legal requirement.

“The jury pool has been tainted,” Money said in a brief on his motion. “The media spectacle has occurred. No subsequent amendment can change that reality. The damage is done, and the court must do whatever it must do to make sure that the harm is completely and totally remedied.”

CNN echoed the same concern. The adverse publicity caused by naming a dollar amount cannot be resolved by filing a new complaint, it said.

Reached Friday, Money did not seem particularly concerned about the future of the lawsuit.

“If it goes to federal court, hopefully the Trailer Park Orchestra gets booked in whatever city that court is in.” Money said, referring to his band. “I want to arrive with a hangover.”

CNN and representatives for Robinson did not reply to a request for comment.

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