Politics USA Wyoming

Wyoming Freedom Caucus PAC Seeks Dismissal of Defamation Case Brought by State Lawmakers

Wyoming Freedom Caucus PAC Seeks Dismissal of Defamation Case Brought by State Lawmakers
Photo collage by Tennessee Watson / WyoFile
  • PublishedOctober 29, 2024

The Wyoming Freedom Caucus PAC is asking a Sweetwater County judge to dismiss a defamation lawsuit filed by Wyoming state representatives J.T. Larson and Cody Wylie, Wyo File reports.

The case arose after the PAC, which is closely aligned with conservative and pro-Trump values, distributed texts and mailers suggesting the lawmakers voted against measures supportive of former President Donald Trump. Larson and Wylie filed the complaint in July, arguing that these communications contained false information intended to damage their reputations.

The conflict centers around the PAC’s interpretation of a legislative vote on a 2024 budget amendment. The PAC’s mailers implied that voting for the amendment, which limited the state secretary’s litigation power, was effectively a vote to restrict Trump’s access to the 2024 ballot. The PAC asserts that this view was a fair assessment of the lawmakers’ actions, given Trump’s broad support in Wyoming and his continued influence in national and state politics.

In their amended complaint, Larson and Wylie argue that the PAC knowingly misrepresented their legislative actions and, as a result, acted with “actual malice.” The plaintiffs claim the PAC’s statements were especially harmful given Wyoming’s strong conservative support for Trump and allege that the misrepresentation impacted one of their private businesses.

In response, the PAC’s attorneys argued on Friday that the case lacks grounds for defamation, characterizing it as an attempt to “punish and censor criticism of their records as legislators.” The PAC’s motion describes the messaging as typical of political campaigning, where hyperbole and strong rhetoric are common.

The PAC is represented by attorneys Mark Jackowski of Teton County and Stephen Klein of Washington, DC, a lawyer experienced in election-related cases in Wyoming. They maintain that even if the statements about the legislators were deemed misleading, this type of discourse is part of the political process and does not meet the threshold for defamation.

Larson and Wylie’s complaint highlights a Wyoming legislative session clash about who can represent the state in legal matters. The Secretary of State, Chuck Gray, had recently joined a brief supporting Trump’s right to remain on Colorado’s ballot, leading Wyoming’s Joint Appropriations Committee to include a budget footnote curbing the secretary’s litigation powers. The plaintiffs argue that this footnote was intended to clarify authority between state offices, not to restrict Trump’s ballot eligibility.

The PAC, however, counters that a reasonable interpretation of the amendment would signal opposition to Trump, given Wyoming’s strong pro-Trump stance. The motion to dismiss suggests that, at most, the PAC’s communications should be seen as encouraging voters to examine the legislators’ records and that such discourse is an essential component of democratic debate.

If the court does not dismiss the case outright, the PAC has suggested an expedited resolution, possibly without a jury trial. Larson and Wylie, who requested a jury trial initially, will have a chance to respond to the PAC’s motion.