Federal judge dismisses IRS agents' defamation suit against Hunter Biden's attorney

 October 18, 2025

In a courtroom twist that could make even the most jaded Washington insider raise an eyebrow, a federal judge has tossed out a defamation lawsuit brought by two IRS agents against Hunter Biden’s attorney, Abbe Lowell, as Bloomberg Tax reports.

In a ruling docketed on Thursday, the judge found that Lowell’s statements were protected opinions under the Constitution, leaving the agents empty-handed in their quest for justice.

Let’s rewind to 2023, when IRS agents Gary Shapley and Joseph Ziegler decided to take their concerns about Hunter Biden’s tax dealings straight to Congress. They spilled details of their investigation, alleging that the Department of Justice and IRS might be playing favorites with the president’s son.

Judge rules on key protections

Hunter Biden didn’t take kindly to his tax information being aired out like laundry on a public line, and he sued the IRS, with a court earlier this year finding the agency liable for involuntary disclosure. Shapley and Ziegler tried to intervene in that lawsuit but got the cold shoulder from the court.

Enter Abbe Lowell, Hunter Biden’s legal pitbull, who fired off a letter to a congressional committee in 2023 accusing the agents of violating grand jury secrecy rules.

Shapley and Ziegler clapped back with a defamation lawsuit, claiming Lowell’s words smeared their reputations and caused mental anguish, seeking over $10 million in damages.

Judge Richard J. Leon, however, wasn’t buying what the agents were selling. He ruled that Lowell’s statements were merely legal opinions, rooted in criminal procedure and tax privacy laws, not hard facts that could be proven true or false.

It’s a classic case of free speech trumping hurt egos, even if the agents feel like they’ve been run over by a bureaucratic bus.

Agents’ whistleblower claims fall short

Shapley and Ziegler argued during the proceedings that they were protected whistleblowers and denied breaking any laws with their disclosures. But Judge Leon found no evidence that Lowell acted with actual malice -- a high bar in defamation cases, especially when you’re dealing with public figures or issues.

Speaking of the agents’ frustration, they didn’t mince words after the ruling. “We legally blew the whistle when Hunter Biden almost escaped prosecution for his crimes because he was the president’s son,” Shapley and Ziegler stated.

They also expressed their disappointment, saying, “We had to file a lawsuit against Biden’s attorney, Abbe Lowell, because he falsely accused us of committing serious felonies in retaliation.” It’s hard not to sympathize with their sense of betrayal, but the First Amendment isn’t a feelings-first document -- it’s a shield for tough talk, even when it stings.

Lowell’s defense stands firm

Lowell’s legal team, unsurprisingly, was quick to celebrate the dismissal. They called it “completely appropriate” for Lowell to highlight what they saw as harmful lawbreaking against his client. That’s lawyer-speak for “we told you so,” and in this case, the judge agreed.

Interestingly, Shapley had a brief moment in the spotlight earlier in 2025 when he was named acting IRS commissioner for a few hours before being replaced. It’s a curious footnote -- almost a “blink and you’ll miss it” moment in a saga already overflowing with drama.

Both agents, by the way, have continued working for the IRS despite the legal battles. That’s either dedication to the job or sheer stubbornness, depending on how you look at it. Either way, they’re still in the game, even if their defamation case struck out.

Courtroom drama highlights larger issues

From a conservative angle, this whole ordeal raises questions about whether the system is rigged to protect the connected elite like Hunter Biden while leaving hardworking agents twisting in the wind. Shapley and Ziegler took a risk to expose what they saw as preferential treatment, only to be slapped down by a legal technicality. It’s the kind of outcome that fuels distrust in institutions, and who can blame everyday Americans for feeling cynical?

Yet, there’s a flip side to consider -- free speech protections exist for a reason, even when the speech feels like a punch to the gut. Lowell’s right to express his legal opinion, as the judge ruled, isn’t just a win for him; it’s a reminder that the Constitution doesn’t bend to personal grievances, no matter how justified they seem.

So where does this leave us? The agents are mulling an appeal, and the Hunter Biden saga continues to be a lightning rod for debates about fairness and accountability.

In a world where progressive agendas often seem to get a free pass, cases like this remind us that the fight for transparency is far from over -- but it’s a fight that must play by the rules, not emotions.

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