Congressman Devin Nunes’ lawsuit against Hearst Magazine Media and one of its journalists can move forward, the U.S. Court of Appeals for the Eighth Circuit ruled Wednesday, pointing to a tweet the journalist made after the complaint had been served as basis for reviving the litigation.

Nunes, R-California, sued the media company in 2019 over an article written by reporter Ryan Lizza for then Hearst-owned Esquire magazine about the Nunes family’s dairy farm in Sibley, Iowa. Nunes claimed the article, titled “Devin Nunes’s Family Farm Is Hiding a Politically Explosive Secret,” falsely implied that he and his family kept his relatives’ move from California to Iowa in 2006 a secret, and hid the farm’s use of undocumented labor.

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