Nolte: Judge Says Ex-Prosecutor Can Sue Ava DuVernay for Defamation over Netflix Doc ‘When They See Us’

LOS ANGELES, CALIFORNIA - JANUARY 26: Ava DuVernay speaks onstage during the 62nd Annual G
Kevork Djansezian/Getty Images

“A judge ruled on Monday that former prosecutor Linda Fairstein has a plausible claim that she was defamed by ‘When They See Us,’ the Netflix series from Ava DuVernay about the Central Park Five case,” reports the far-left Variety.

I’ll explain in a bit why this is very good news, but first the details…

Ana DuVernay, one of the most overrated people ever, directed and co-wrote When They See Us, a four-part Netflix miniseries that claims to tell the truth about the Central Park Five.

Watch below: 

In 1989, a woman was savagely raped and beaten in Central Park. After they confessed to their role in the rape (beating the woman, holding her down), five black and Hispanic youths (aged 14 – 16) were convicted. They were also convicted of other assaults they confessed to committing in Central Park on that same night.

All were later released when a serial rapist serving a life sentence confessed to raping the jogger. He said he acted alone and his DNA matched.

Believe me, there’s still plenty of evidence that the Central Park Five are guilty as hell, and they are surely not angels, but dishonest propagandists like Ana DuVernay paint them as angels in order to smear the System as racist.

In order to do so, though, she has to invent things that didn’t happen. You see, that’s how little racism there is in America… There’s so little racism, propagandists like DuVernay have to manufacture it.

In her defamation suit, the prosecutor behind the Central Park Five case, Linda Fairstein, claims DuVernay, Netflix, and When They See Us deliberately defamed her, not only as a racist, but for framing kids for a crime she knew they were not guilty of.

My favorite part of this saga is that Netflix is arguing — get this — NOT that its depiction of Fairstein is accurate but that “the filmmakers are allowed to use some dramatic license in creating a portrayal of Fairstein that was substantially true.”

(Back Row:) Berry Welsh, Jonathan King, Freddy Miyares, Chris Chalk,Jovan Adepo, Justin Cunningham, Niecy Nash (Front Row:) Jane Rosenthal, Joshua Jackson, Michael K. Williams, Ethan Herisse, Asante Blackk and Jharrel Jerome onstage with Oprah Winfrey and Ava DuVernay at the Netflix “When They See Us” FYSEE Event at Raleigh Studios on June 09, 2019 in Los Angeles, California. (Handout/Getty Images for Netflix)

On Monday, U.S. District Judge Kevin Castel did dismiss some of Fairstein’s accusations but said “the show had depicted Fairstein in a way that could be defamatory in five scenes” and allowed the case to proceed.

Ava DuVernay and the cast of “When They See Us” onstage during the World Premiere of Netflix’s “When They See Us” at the Apollo Theater on May 20, 2019 in New York City. (Monica Schipper/Getty Images)

In the Netflix series, Fairstein (played by real-life criminal Felicity Huffman) calls for “every little thug” in Harlem to be rounded up. The real Fairstein says she had nothing to do with the police investigation, which is almost certainly true. Prosecutors normally don’t get involved until after the police investigation is over.

Variety describes the four other scenes this way:

Fairstein is also depicted as encouraging the use of coercive interrogation tactics, creating a timeline that would guide the prosecution’s theory of the case, and suggesting that DNA evidence be withheld from the defense. The series also shows another prosecutor confronting Fairstein, and saying “you knew you coerced those boys into saying what they did.”

So, because of that monstrous depiction, Fairstein says DuVernay and company “conspired” to defame her as a racist who deliberately convicted five boys when she knew they were innocent, and if that’s not defamation, nothing is.

What’s more, the cost to Fairstein was very real. After retiring from the DA’s office in 2002, she launched a successful, two-decade literary career with a series of bestselling novels. But after the Netflix series dropped, she lost her publisher.

No one is a more vocal defender of artistic freedom than I am, but you cannot do this to people and hide behind the First Amendment and artistic license. DuVernay and Netflix destroyed a woman’s life, which was undoubtedly their intent. It would have been very easy for them to change the name of the prosecutor in the miniseries, but Fairstein was targeted.

It’s good to see Fairstein fighting back and it’s heartening to see America’s the Woke Nazis face actual consequences for their lies, for their wicked destruction of innocent people.

Follow John Nolte on Twitter @NolteNC. Follow his Facebook Page here.

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