Hunter Biden Strikes Back

The president’s son has launched an aggressive move to sue Fox for defamation. Finally.

Photo of Hunter Biden, courtesy of CNN

In a letter to the Fox Network, Hunter Biden’s attorneys have put the company on notice that it’s about to get its pants sued off for defamation. 

Again.

Biden’s attorney, Mark Geragos, best known for his successful representation of celebrities, issued the following statement: 

For the last five years, Fox News has relentlessly attacked Hunter Biden and made him a caricature in order to boost ratings and for its financial gain. The recent indictment of FBI informant Smirnov has exposed the conspiracy of disinformation that has been fueled by Fox, enabled by their paid agents and monetized by the Fox enterprise. We plan on holding them accountable.

The letter specifically cited the network’s “conspiracy and subsequent actions to defame Mr. Biden and paint him in a false light, the unlicensed commercial exploitation of his image, name, and likeness, and the unlawful publication of hacked intimate images of him.”

It also stated that Hunter Biden would be suing the network “imminently.”

Supporters of the younger Biden cheered, glad to see he was finally taking the gloves off against purveyors of salacious, fake news. Fox is already reeling from other defamation lawsuits, including one it settled with Dominion Voting Systems for nearly $800 million and another by Smartmatic, a voting software company presently seeking $2.7 billion in damages.

Not everyone is happy, though. Advisers to the president had been hoping his son would keep a low profile and not put himself back in the news during an election year. They worried that news stories about the lawsuit would resurface the allegations, even if false and defamatory, which would then suck the air out of the news cycle. Such media time might otherwise be focused on Donald Trump’s problems and Joe Biden’s many accomplishments.

In today’s piece, I’ll review the basic allegations by Hunter Biden and how Fox has opened itself up to a pretty big lawsuit, including potentially damaging discovery, just as it faced with Dominion. Then I’ll look at the political ramifications of filing this suit during an election year, and why on balance it’s probably a good thing for Hunter Biden to come out swinging now rather than wait until after the election to sue.

The Burisma bribes lie

There are three main things Fox was fixated upon that have now opened it to possible massive liability.

The first is what I call the fake “Burisma bribes.” Fox gleefully amplified the false claims of former FBI informant Alexander Smirnov, who had conveyed to his handler that he had information that both Joe and Hunter Biden had accepted $5 million in bribes from the Ukrainian company, Burisma, on whose board Hunter Biden once served. This false statement was dutifully recorded, as most statements by informants are no matter how wild, in a standard FBI informant form. This was left to gather dust for years until Rudy Giuliani and the FBI, at Bill Barr’s urging, resurfaced and weaponized it along with help from members of Congress.

For its part, Fox made sure that story went wide and was repeated ad nauseam. For months, host Sean Hannity ran nonstop coverage about the alleged bribe, poisoning viewers with actual Russian disinformation. Hannity’s show alone aired at least 85 segments that amplified these false Burisma bribery claims in 2023. Of those 85 segments, 28 were Hannity monologues. 

After his indictment and arrest, Smirnov admitted that the story he received had come straight from Russian intelligence. By centering and repeating the fake story, Fox had become a willing Russian disinformation mule, along with many members of Congress. But it never retracted the story or apologized for its role. Instead, it continued to claim that the source, Smirnov, was “highly credible.”

Biden’s attorneys have demanded that Fox hosts, including Hannity, Jesse Watters and Maria Bartiromo, “inform their viewers on air that they have been sharing a debunked allegation from a source who has been federally indicted.”

Nude pics

We all have heard about, but hopefully not personally seen, intimate images of Hunter Biden at parties and in sexual acts with various partners. His lawyers claim that these images were “hacked, stolen, and/or manipulated” from his private accounts, and then aired by Fox in violation of his civil rights and copyright law. They also appeared during congressional hearings as Rep. Marjorie Taylor Greene (Q-MW) infamously used them as visual props. (She’s lucky to be shielded by the Speech and Debate clause of the Constitution, or she could be swept up in a suit as well.)

The decision to go after those committing what amounts to “revenge porn” on Hunter Biden, including the Fox Network, is part of a larger legal counteroffensive that began last year, according to sources with NBC News.  As you may recall, the “Hunter Biden Laptop” story emerged as a kind of “October surprise” in 2020. The repair technician who leaked the contents of it to Rudy Giuliani later sued Biden and others for defaming him, claiming he had suffered damage to his reputation because they had claimed the laptop contents were part of a Russian disinformation campaign. 

But Hunter Biden countersued, claiming the technician had invaded his privacy and had no right to distribute his personal information to people like Rudy Giluiani. And last fall, Hunter Biden also sued Giuliani and attorney Robert Costello, alleging they had spent years deliberately “hacking into, tampering with, manipulating, copying, disseminating, and generally obsessing over data that they were given that was taken or stolen from” his personal devices and caused “total annihilation” of his digital privacy.

The “Trial of Hunter Biden”

In fall of 2021, Fox aired a six-part series called “The Trial of Hunter Biden,” which amounted to a mock trial of what his upcoming trial would look like if he were charged with being a foreign agent or with bribery, none of which has happened. 

Biden’s lawyers claim in their demand letter that “the series intentionally manipulates the facts, distorts the truth, narrates happenings out of context, and invents dialogue intended to entertain. Thus, the viewer of the series cannot decipher what is fact and what is fiction,” and it should be removed entirely from all streaming services.

The demand for apologies, retractions and removal of offending material is important not just as an admission of fault and to restore Biden’s reputation. Biden’s lawyers know that Fox is unlikely to accede to these demands. That refusal in turn could be used as evidence that their defamation of him meets the standard of actual malice. 

After all, it’s one thing to make all these false and harmful claims while hiding behind the idea that they were based upon what the network thought was truthful statements by people like Smirnov. But it’s another to keep the content up and refuse to apologize or retract even after it’s clear that the source of the information has admitted to their falsity.

The impact of the suit

There’s no question that Hunter Biden has been great for Fox’s ratings and profitability. But that also means they have a lot of potential exposure. As ABC News reported,

A review of network transcripts by the group Media Matters cites at least 13,440 mentions of Hunter Biden since January 2023. Biden’s legal team believes the number of mentions over many years makes the potential case as significant if not more so than the Dominion case, according to sources familiar with the legal strategy.

But are White House advisors correct that the filing of the suit this year will shine an unwelcome light on false allegations, at a time when the nation should be focused on the election?

The reality is, Fox and other right wing media continue to give oxygen to Rep. James Comer, who has yet to end his evidence-free impeachment inquiry. At least now, Fox will be on notice that it could face ongoing liability for failing to retract its false reporting, even while pushing out more lies about Hunter Biden. The network will have to tread more carefully, and ultimately it will have to consider whether it doubles down or backs off.

Then there is the actual trial of Hunter Biden which is set to begin this fall. Attention will be on the president’s son at that time anyway, but with this lawsuit, just as with his counterclaims and counteroffensives against those who violated his privacy, Hunter Biden will look like a fighter and not just a victim. With all that has been done and said about him, he has very little to lose but a very large ax to grind. And if the GOP overplays its hand, as it inevitably will, it could create voter sympathy for him, even though it had hoped to paint him as a criminal, drug addicted womanizer.

Democrats are often accused of not having enough courage to go on the offensive, of being too reticent to push back against the onslaughts of numerous bad faith actors on the right. Then when they do, there’s a good deal of hand wringing about how this assertiveness might come across to the voters.

But standing up for yourself is never  wrong, and Hunter Biden has a lot to say given how terribly Fox and others have treated him.