U.S. Rep. Nancy Mace is confronting both legal and political challenges as she navigates her potential gubernatorial run in 2026. On March 14, 2025, Fort Mill businessman Brian Musgrave filed a defamation lawsuit against Mace after she named him in a February 10 floor speech in which she accused him and others of being sexual "predators." Mace claimed to have provided evidence regarding their alleged involvement in multiple sexual assaults, including her own, to law enforcement. Among those named, Musgrave seeks to restore his reputation, as he claims that Mace's accusations have caused significant reputational damage not only to him but also to his family.
The controversy deepened when the South Carolina Law Enforcement Division confirmed an investigation into Patrick Bryant, one of the men Mace cited in her speech, who is also her ex-fiance. However, all four men accused, including Musgrave, have publicly denied the allegations, professing their innocence.
In the wake of the lawsuit, legal experts are discussing its implications for Mace's political career. According to Jay Bender, a constitutional law attorney, Musgrave's challenge primarily hinges on Mace's comments in media interviews and on social media, rather than her official speech on the House floor. Bender noted that the U.S. Constitution’s Speech or Debate Clause provides members of Congress immunity for speech made during official activities but does not extend to comments made outside that context. Musgrave’s attorneys pointed out that they filed the lawsuit after giving Mace the opportunity to retract her statements or provide evidence, which she failed to do.
Examining the precedent set by the defamation case against former Democratic Sen. William Proxmire may provide context for Mace’s legal standing. The 1979 Supreme Court ruling highlighted that Congress members may not enjoy immunity when they republish their remarks outside legislative venues, leaving them vulnerable to defamation claims. If the lawsuit progresses, Mace will have to demonstrate that her accusations are true to avoid liability. “To prove truth is quite a challenging case from her perspective, assuming she does not have [constitutional] immunity,” Bender explained.
As Mace seeks to elevate her profile for a gubernatorial bid, political strategists from both parties suggest that her handling of this lawsuit may affect her credibility. “If she’s got anything, she needs to bring it forward,” a Republican source mentioned. “Though in this political environment, it’s hard to say what does and doesn’t hurt a political figure’s credibility.” Conversely, a Democratic strategist seemed eager for the fallout, predicting that the discovery process could reveal embarrassing details that could hinder Mace's candidacy. “Discovery and depositions are going to be absolutely wild,” he said.
Complicating matters further, Mace recently faced criticism for declining to attend a town hall meeting in Mount Pleasant on March 21, 2025. Citing safety concerns and the event's organization, which she claimed was not sanctioned by her office, she labeled the town hall as “fake news.” The Lowcountry Accountability Alliance, a local activist group associated with organizing the meeting, responded by accusing Mace of being too afraid to confront her constituents and labeled her statements misleading.
In her defense, Mace stated, “I will not be attending. We’re staying away because it’s not safe, and we refuse to be bullied by individuals who are threatening me, my employees, my constituents and my family.” This public spat raises questions about Mace’s relationship with her constituents, especially as she eyes a statewide campaign.
In light of the ongoing scrutiny, Mace's office has remained mostly silent on the lawsuit, directing inquiries to a March 6 letter from U.S. House General Counsel Matthew Berry. The letter reinforced her stance, asserting that, should such a lawsuit be filed against Mace regarding her statements made on the House floor, government attorneys would mount a vigorous defense based on the Speech or Debate Clause, emphasizing that litigation distracts Congress members from their legislative duties.
As the defamation case and political tensions unfold, Mace’s strategy and decisions will play a critical role in shaping her path to a potential gubernatorial run. With the 2026 election looming, the actions she takes now could make or break her political future.
