A defamation lawsuit filed by St. Paul City Attorney Lyndsey Olson against state Rep. John Lesch has survived a major legal hurdle.

In a court filing this week, Hennepin County District Court Judge Francis Magill denied Lesch’s motion to dismiss the suit.

Olson, the former general counsel of the Minnesota National Guard and state Department of Military Affairs, sued Lesch in February, a month after he encouraged St. Paul Mayor Melvin Carter not to hire her as city attorney.

His Jan. 3 letter to the mayor’s office, written on official House letterhead, questioned her integrity and called her a “prosecutor who would sacrifice justice in pursuit of a political win — even going so far as to commit misconduct to do so.”

The defamation case was moved from Ramsey County to avoid conflicts of interest. Olson’s suit claims Lesch made false and defamatory verbal and written statements.

Lesch, a DFL state representative from St. Paul, former assistant St. Paul attorney and former National Guardsman, had argued through his attorneys that his statements were opinions protected by constitutional rights of free speech.

He noted the “speech or debate” clause of the Minnesota constitution protects statements made by House members in the course of their official duties.

Magill on Wednesday found otherwise.

In rejecting Lesch’s motion to dismiss the suit, the judge said the “speech and debate” clause protects lawmakers in certain instances related to lawmaking, but it is not absolute.