Grenell v. Troye
1:24-cv-00646
E.D. Va.Feb 27, 2025Background
- Richard Grenell, former U.S. Ambassador to Germany, filed a defamation suit against Olivia Troye, a former aide to Vice President Pence, over a 2022 tweet alleging Grenell tried to get Pence to attend a white supremacist gathering.
- Grenell claimed Troye’s statement was false, damaging, and done with malicious intent, seeking $5 million in damages for defamation and defamation per se.
- The case was originally filed in Virginia state court and removed to federal court by Troye.
- Troye moved to dismiss under Rule 12(b)(6), Rule 12(c), and Virginia’s Anti-SLAPP law; the court only considered the motion to dismiss due to procedural timing.
- The primary issue was whether Troye’s tweet was actionable as defamation or defamation per se under Virginia law.
- The court dismissed the complaint without prejudice, granting Grenell leave to amend within 14 days.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the statement is defamatory | Statement is false, widely published, malicious, and harmful | Statement about political associations is not actionable defamation | Not actionable defamation |
| Defamation per se (unfitness) | Statement imputes unfitness for public office/profession | Plaintiff was no longer ambassador, no current profession alleged | No plausible allegation of unfitness |
| Defamation per se (profession/trade) | Statement injures Grenell’s professional reputation | Statement does not explicitly affect specific professional standing | Not necessarily hurtful to profession |
| Statement as accusation of crime | Statement essentially accuses Grenell of a crime | No crime alleged under U.S. or Virginia law | Not a criminal accusation for U.S. purposes |
Key Cases Cited
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (plausibility standard for 12(b)(6) motions)
- Ashcroft v. Iqbal, 556 U.S. 662 (clarifying pleading standards under Twombly)
- Va. Citizens Defense League v. Couric, 910 F.3d 780 (elements of defamation under Virginia law)
- Bryant-Shannon v. Hampton Rds. Cmty. Action Program, Inc., 299 Va. 579 (defamatory sting standard under Virginia law)
- Tronfeld v. Nationwide Mut. Ins. Co., 272 Va. 709 (defamation per se categories in Virginia)
- Fleming v. Moore, 221 Va. 884 (what constitutes defamation per se regarding profession or trade)