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Hunter Biden Awarded Legal Costs in Laptop Lawsuit Over 'Frivolous' Defense

 September 12, 2024

Hunter Biden has been awarded nearly $18,000 in legal costs after a federal judge ruled that the defense used by former Trump policy analyst Garrett Ziegler in a lawsuit regarding the alleged unauthorized publication of Biden’s personal data was “frivolous.”

The ruling came after Ziegler invoked California’s anti-SLAPP law in a bid to dismiss the claims against him, which the judge found meritless in a case that stems from a lawsuit filed by Hunter Biden in September 2023, accusing Ziegler of violating computer fraud laws by posting the contents of his laptop online without permission, as Newsweek reports.

Biden’s lawsuit was brought under the Computer Fraud and Abuse Act and California’s Comprehensive Computer Data Access and Fraud Act.

The complaint alleged that Ziegler, under the pseudonym “Marco Polo,” published a report containing private videos and photos of Biden in October 2022. The report, widely known as the "Report on the Biden Laptop," has drawn significant media attention since its release.

Legal Argument Deemed Frivolous by Judge Vera

Ziegler’s defense hinged on California's anti-SLAPP law, a statute designed to prevent strategic lawsuits against public participation. However, Judge Hernan Vera ruled that the anti-SLAPP motion was not applicable in federal court and that it lacked any substantial merit.

In his ruling, Judge Vera emphasized that the anti-SLAPP motion presented by Ziegler’s legal team was "totally devoid of merit."

He noted that the motion did not apply to federal cases and found that no reasonable attorney could have argued otherwise. “Frivolous in the context of an anti-SLAPP motion means ‘totally and completely without merit,’” Vera wrote, describing the defense as entirely unsubstantiated.

Hunter Biden’s Allegations of Unauthorized Data Use

According to the lawsuit, Ziegler’s report was compiled using data from a laptop that was allegedly Hunter Biden's. The data was reportedly given to Ziegler by Rudy Giuliani, who had received it from a Delaware computer shop owner. Biden claimed that the release of his personal information, including videos and photographs, violated his privacy and was done without his consent.

Biden’s lawsuit argued that Ziegler had "illegally accessed, manipulated and damaged his data without his authorization or consent." Ziegler’s actions, according to the lawsuit, violated multiple laws aimed at protecting personal data.

Anti-SLAPP Motion Rejected as Meritless

Ziegler’s attempt to invoke the anti-SLAPP law was dismissed by the court, with Judge Vera noting that "black letter law is crystal clear" that such motions cannot be applied to federal claims.

Despite Ziegler’s arguments, the judge ruled that the defense's effort to use anti-SLAPP protections was “frivolous,” especially given the clear legal precedent against its use in federal court.

The judge’s opinion further dismissed Ziegler’s claim that the anti-SLAPP motion was just one component of his defense. "Frivolousness is not measured by word count," Vera stated in response to Ziegler’s argument that the anti-SLAPP motion represented only a small portion of his legal filing.

Ziegler’s Objections Overruled by the Court

Ziegler also challenged the nearly $18,000 in legal costs awarded to Biden, arguing that the plaintiff had failed to provide detailed records of billable hours.

In response, Judge Vera ruled that detailed time records were not required in this case. He affirmed that "a declaration can suffice as evidence to support a motion for attorney's fees," and found that the hours billed by Biden’s legal team were reasonable.

Ziegler contended that his anti-SLAPP defense was necessary to protect free speech, asserting that Biden’s lawsuit was intended to chill public discourse. However, Judge Vera dismissed these claims, concluding that Ziegler’s motion had no legal basis in this context.

Conclusion: Judge Rules in Biden’s Favor

Hunter Biden’s lawsuit against Garrett Ziegler has drawn considerable attention due to its connection to the widely publicized Biden laptop controversy.

After reviewing the legal arguments presented by Ziegler’s defense, the court found his anti-SLAPP motion entirely without merit and awarded Biden nearly $18,000 in legal costs.

This ruling marks a key development in the ongoing legal battle surrounding the publication of Hunter Biden’s personal data.