WASHINGTON – Earlier this month IRS whistleblowers Supervisory Special Agent Gary Shapley and Special Agent Joe Ziegler filed a defamation lawsuit against Hunter Biden attorney Abbe Lowell, alleging that Lowell republished false statements about them that damaged their reputation and caused them irreparable harm.
The suit alleges that the statements Lowell republished, made by Biden family lawyers in letters encouraging the Administration of their client’s father to prosecute Shapley and Ziegler, falsely accused the whistleblowers of breaking the law. The letters were part of a well-funded campaign launched to smear Shapley and Ziegler after they made protected whistleblower disclosures to Congress.
Over the past year, Hunter Biden’s attorneys:
(1) falsely accused the whistleblowers of committing “a clear-cut crime”;
(2) sued the IRS, falsely claiming that the whistleblowers released confidential tax information; and
(3) opposed, along with the IRS, Shapley’s and Ziegler’s right to join Biden’s lawsuit against the IRS – which would enable them to defend themselves against the false smears spread by Biden’s attorneys.
The case highlights the real dilemma that whistleblowers face when deciding whether to make protected disclosures, as the potential personal and professional ramifications could be great.
The defamation lawsuit filed in the U.S. District Court in Washington, D.C., said, “Lowell’s stature and credibility in the legal community have amplified the harm caused by his defamatory statements. Lowell’s malicious and false allegations, including accusations that Shapley and Ziegler ‘committed felonies’ and ‘violated the law,’ were published to third parties, including the media, and have severely harmed their professional and personal reputations.”
The defamation suit was filed by well-known defamation lawyer Mitch Langberg, from Brownstein Hyatt Farber Schreck, and Empower Oversight’s Mike Zummer.
The case has been well-documented in the press.
In her weekly column, Miranda Devine of the New York Post wrote after the filing, “The way the American legal system is weighted against the little guy is exemplified by the $20 million defamation action brought Friday night by IRS whistleblowers Gary Shapley and Joe Ziegler against Hunter Biden’s attorney Abbe Lowell. For one thing, a lawsuit like this typically will cost upwards of $1 million. For another, Lowell is one of the most feared lawyers in the country and few of his fellow legal eagles are keen to take him on.”
In characterizing the whistleblower’s actions, the New York Post wrote in a separate story, “A sweetheart plea deal between Hunter and Delaware US attorney David Weiss fell apart last year after Shapley and Ziegler went public with their concerns. Last week, their concerns were validated when Hunter pleaded guilty to all felony tax crimes brought against him.”
National Review’s James Lynch wrote, “The IRS whistleblowers fundamentally changed the outcome of the Hunter Biden investigation by coming forward with credible and detailed allegations of misconduct among top officials.”
Michael Dorgan with Fox News wrote, “IRS investigators Gary Shapley and Joe Ziegler accuse attorney Abbe Lowell of retaliating against them for their efforts in exposing the kid glove treatment Hunter Biden was receiving in regard to his non-payment of taxes. The lawsuit, filed in D.C. court, states that the pair are bringing the case to ‘vindicate their reputations for the incredible and malicious harm they have suffered.’”
Nick Pope with the Daily Caller wrote, “The complaint against Lowell alleges that he defamed both of the whistleblowers by falsely and maliciously stating that they had violated grand jury secrecy rules and taxpayer protection laws, and that some of these allegedly defamatory statements were essentially amplified by the media. Ziegler and Shapley are seeking $10 million apiece from Lowell.”
Empower Oversight is funding Shapley and Ziegler’s defamation lawsuit, and as Devine’s column pointed out, this is an incredibly expensive undertaking. Empower Oversight has launched a crowdfunding effort for its Fight the Lies Fund to support defamation lawsuits like this one against people who lie about whistleblowers in retaliation for their legally protected disclosures. Anyone wishing to donate to the cause should visit the GiveSendGo campaign Empower Oversight has established at DefendWhistleblowers.com.
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