On the same day he pleaded guilty to multiple federal crimes, former GOP Rep. George Santos was dealt another blow in federal court after a judge dismissed his lawsuit against late-night host Jimmy Kimmel.
Santos had sued Kimmel in February on claims the late-night host used a fake name to deceive him into recording inane videos on Cameo — a platform that allows fans to purchase personalized video messages from celebrities — which were then broadcast on "Jimmy Kimmel Live!"
In one of the clips, which aired in a segment called "Will Santos Say It?" the former New York congressman could be heard congratulating the supposed winner of a fictional beef-eating contest, calling the feat "amazing and impressive."
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Santos alleged Kimmel, ABC and Disney committed copyright infringement, fraudulent inducement, breach of contract and unjust enrichment through their broadcast of the videos, and requested $750,000 plus damages.
But on Monday, a judge ruled against all four claims, saying the show's airing of the videos was transformative enough to be protected under the "fair use" doctrine of copyright law.
"A reasonable observer would understand that JKL showed the videos to comment on the willingness of Santos — a public figure who had recently been expelled from Congress for allegedly fraudulent activity including enriching himself through a fraudulent contribution scheme — to say absurd things for money. Thus, the videos were used for political commentary and criticism, purposes that do not supersede the 'objects' of the original videos," District Judge Denise Cote wrote in a 27-page decision.
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Santos joined Cameo, charging $400 per video, soon after he was expelled from the House of Representatives late last year following a high-profile ethics probe that found "overwhelming evidence" he had broken the law. That evidence, the report said, included that Santos knowingly filed incomplete reports with the Federal Election Commission and used campaign funds for personal expenses, including luxury items and Botox injections.
Shortly after the judge released the Kimmel ruling Monday, Santos pleaded guilty to the federal crimes of wire fraud and aggravated identity theft as part of a plea deal with the Justice Department, which indicted Santos on 23 counts of fraud, identity theft and making false statements.
He is scheduled to be sentenced in the case on Feb. 7.
