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Rudy Martinez email defamatory libel?

Though the obliging David Zahniser article of yesterday does not assert that Councilman Jose Huizar is "currently" under any kind of FBI investigation, let alone a criminal one, candidate Rudy Martinez has released a campaign statement in which he asserts that Huizar is "currently under criminal investigation."

The email's subject line says "Jose Huizar under criminal investigation by the FBI."

The campaign's statement reads as follows:
As you may have read in the Los Angeles Times yesterday, Jose Huizar is currently under criminal investigation by the Federal Bureau of Investigation. I believe we deserve better and more ethical representation than what Jose Huizar currently offers the residents of Council District 14.

Jose Huizar under criminal investigation by the FBI

I will work hard to bring public accountability, transparency, and fiscal responsibility to the office of the City Council. I would appreciate your consideration for your vote on the March 8th election.

&c. A general definition of defamatory libel is "Deliberate publication of defamatory lies which the publisher knows to be false." The standard applies to public figures; for a public figure, the figure has to demonstrate malicious intent.