Defamation Lawsuit Against Hunter Biden's Attorney Abbe Lowell
In January, a letter was sent threatening a defamation lawsuit if criticism of Hunter Biden, including allegations of criminal conduct, continued. This appeared to be part of a defensive strategy by Biden supporters to target critics and potential witnesses. Despite this, the criticism continued, but no further action was taken by the Biden team.
Now, the tables have turned and the Biden defense is being targeted with defamation lawsuits. IRS investigators Gary Shapley and Joe Ziegler have filed a lawsuit against attorney Abbe Lowell over public allegations of criminal conduct on their part.
Details of the Defamation Lawsuit
Lowell is facing a $20 million defamation lawsuit that alleges "clear malice" in public allegations of criminally leaking grand jury material and other offenses. As Shapley and Ziegler have given extensive public interviews, they would be considered "public figures" for the purposes of defamation. This could make the case challenging, especially as Lowell will likely argue that he was zealously defending his client.
The case could also trigger significant fights over attorney-client privilege and other defenses. However, if significant discovery is allowed, the case may shed light on reports of the Biden team's strategy of targeting critics and witnesses.
Whistleblowers' Claims
The whistleblowers claim that Lowell "falsely and maliciously" accused them of "the illegal disclosure of grand jury materials and taxpayer return information — despite the fact that they never publicly discussed return information that was not already public." These allegations fall under the categories of common law defamation, which include allegations of criminal conduct. The alleged misconduct would constitute federal felonies.
One of the allegations is that Lowell or his team accused them of leaking information to the press about an ongoing investigation, which would be a violation of federal law. However, they claim that Hunter Biden himself publicly disclosed that he was the subject of a criminal tax investigation months earlier.
Lowell's Potential Defense
Lowell will likely argue that he was seeking congressional action on allegations to establish if his client was the subject of unlawful conduct by the government. He may argue that such defamation lawsuits chill communications with the government. This defense could be seen as ironic given the aggressive tactics of the Biden team to target critics.
Reviewing the Standard for Public Figures
The lawsuit against Lowell may provide an opportunity to review the standard for public figures, which has been questioned in the past. In New York Times v. Sullivan, the court declared that the First Amendment required a higher standard of proof for defamation than simple negligence for public officials. This standard was later extended to public figures.
Revisiting New York Times v. Sullivan
Justices Clarence Thomas and Neil Gorsuch have indicated that they might be open to revisiting New York Times v. Sullivan. The issue is that there is one missing element to imposing a higher burden on public figures like the two whistleblowers: furthering the democratic process. The actual malice standard rests convincingly on a democratic rationale that a free people and a free press must have breathing space to criticize the government and their leaders.
Public Figure Standard and the Media
The public figure standard is clearly beneficial to the media. However, without a compelling argument for a constitutional standard for public figures, it seems more like a judicially maintained subsidy or shield. Notably, media outlets, including the New York Times and CNN, have lost key court battles in defamation cases. These cases could also bring a new review of the public figure standard.
Bottom Line
This case brings to light the complexities of defamation law, especially when it involves public figures. It raises questions about the standards applied in these cases and whether they are serving their intended purpose. What are your thoughts on this matter? Do you think the public figure standard is fair? Share this article with your friends and join the discussion. Remember, you can sign up for the Daily Briefing, which is delivered every day at 6pm.
