Hunter Biden Ends Fox News Suit Over Mock Trial Series; Could Refile Later – Update

UPDATED, 6:06 PM: It has been a very busy day for the Biden family.

As President Joe Biden announced Sunday that he is dropping out of the 2024 race and endorsed Vice President Kamala Harris, Hunter Biden dropped his lawsuit against Fox News.

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“Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff, Robert Hunter Biden, by and through his undersigned counsel, hereby gives notice that the above-captioned action is voluntarily dismissed, without prejudice, against the defendants Fox News Network, LLC, Fox Corporation, and John and Jane Does 1-100,” said the one-page filing today in federal court (click to read the filing).

The document from the younger Biden’s attorney Tina Glandian provides no other details on why the case over the Rupert Murdoch-owned outlet’s mock trial series about the president’s youngest son was yanked off the docket just weeks after it was filed. Two thing worth noting: One, the notice will have to be approved by New York-based Judge John P. Cronan’s court. Two, the term “without prejudice” means that Hunter Biden hasn’t closed the door to bringing the matter up again down the line.

Neither Glandian nor reps for Fox News responded to request for comment on the move to dismiss the case. If either of them do, this post will be updated.

In the meantime, it is perhaps worth noting what FNC said when Biden first sued them on July 1: “This entirely politically motivated lawsuit is devoid of merit. The core complaint stems from a 2022 streaming program that Mr. Biden did not complain about until sending a letter in late April 2024. The program was removed within days of the letter, in an abundance of caution, but Hunter Biden is a public figure who has been the subject of multiple investigations and is now a convicted felon. Consistent with the First Amendment, FOX News has accurately covered the newsworthy events of Mr. Biden’s own making, and we look forward to vindicating our rights in court.”

This dismissal in the Fox action comes as the younger Biden late last week moved to have his federal gun case conviction tossed on the premise that the appointment of a special counsel is unconstitutional. In a case of bitter irony that argument by Biden’s lawyers is based on the July 15 ruling by Donald Trump-appointed Judge Aileen Cannon that threw out the case against the former president of the mishandling of classified documents — a ruling Joe Biden’s DOJ plans to appeal.

PREVIOUSLY, JULY 1 AM: Hunter Biden sued Fox News over its streaming service’s mock trial series, which featured sexually explicit images of the president’s son.

The Trial of Hunter Biden was a fictional trial based on Biden’s legal troubles and, until recently, appeared on the Fox Nation subscription service.

But following legal threats from Hunter Biden’s attorneys, Fox removed the series in April.

In its lawsuit in New York Supreme Court, Biden’s attorneys argue that the series continues to be available on third party streaming platforms and that promotional reels and clips remain.

Biden’s attorneys are not suing Fox News for defamation, but for violations of the state’s civil rights law, restricting the nonconsensual disclosure of sexually explicit images and videos, or “revenge porn.” The lawsuit also claims intentional infliction of emotional distress and unjust enrichment.

“The unlawful publication and dissemination of the Intimate Images by Fox was not made for a legitimate public purpose, where the miniseries featuring a mock trial is not accurately reporting on newsworthy events but rather, is a fictionalized trial of a nonexistent case against Mr. Biden, produced for entertainment purposes,” the lawsuit stated.

Read the Hunter Biden lawsuit against Fox News.

A Fox News spokesperson said in a statement, “This entirely politically motivated lawsuit is devoid of merit. The core complaint stems from a 2022 streaming program that Mr. Biden did not complain about until sending a letter in late April 2024. The program was removed within days of the letter, in an abundance of caution, but Hunter Biden is a public figure who has been the subject of multiple investigations and is now a convicted felon. Consistent with the First Amendment, Fox News has accurately covered the newsworthy events of Mr. Biden’s own making, and we look forward to vindicating our rights in court.”

The lawsuit seeks “an order directing Defendants to take down, remove and delete any publication of an Intimate Image of Mr. Biden and to permanently destroy any Intimate Image of Mr. Biden in their
possession, custody, or control,” as well as profits from The Trial of Hunter Biden, among other things.

Dominic Patten contributed to this report

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