Stay up to date with notifications from The Independent

Notifications can be managed in browser preferences.

Hunter Biden ‘whistleblower’ loses $30m defamation case against Fox host

Case revolved around clarified claim on air that Trump PAC paid for Biden critic’s legal fees

Josh Marcus
San Francisco
Tuesday 26 November 2024 20:59 EST
Comments
Lawsuit claimed ‘The Five’ host Jessica Tarlov offered insufficient correction on statement about former Hunter Biden associate’s legal fees
Lawsuit claimed ‘The Five’ host Jessica Tarlov offered insufficient correction on statement about former Hunter Biden associate’s legal fees (CAA)

Your support helps us to tell the story

From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.

At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.

The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.

Your support makes all the difference.

A New York federal court on Tuesday dismissed a $30m defamation lawsuit from a former Hunter Biden business associate against a Fox News anchor.

In March, Tony Bobulinski sued Jessica Tarlov, one of the hosts of Fox’s The Five, after she said on air that month that Bobulinski’s legal fees to retain lawyer Stefan Passantino had been “paid by a Trump Super PAC,” after Bobulinski testified as part of the House’s inquiries into the Biden family.

The following day, after Bobulinski’s attorneys reached out to say this wasn’t correct, Tarlov issued a clarification on air.

“During an exchange with my colleagues about the hearing I said that Mr. Bobulinski’s lawyers’ fees have been paid by a Trump super PAC as recent as January. What was actually said during the hearing was that the law firm representing Mr. Bobulinski was paid by a Trump PAC,” she said. “I have seen no indication those payments were made in connection with Mr. Bobulinski’s legal fees and he denies that they were.”

As one lawmaker noted during the hearing in question, the Save America PAC paid the firm representing Bobulinski $10,000 earlier that year.

After the clarification, Bobulinski continued to assert Tarlov had described him inaccurately and filed suit.

Lawsuit claimed Fox News host Jessica Tarlov hadn’t done enough to retract statement on Hunter Biden critic
Lawsuit claimed Fox News host Jessica Tarlov hadn’t done enough to retract statement on Hunter Biden critic (CAA)

Tuesday’s ruling found that Tarlov could dismiss the complaint and was entitled to legal fees under a novel application of New York’s anti-SLAPP (strategic lawsuits against public participation) statute in federal court, a law designed to fend off lawsuits aimed at burdening opponents with excessive legal costs.

"FOX News is pleased with the court’s landmark decision, which not only dismissed Tony Bobulinski and Stefan Passantino’s meritless allegations against Jessica Tarlov, but also marks the first federal court decision to award attorney’s fees under New York’s anti-SLAPP statute,” Fox News said in a statement to The Independent.

The Independent has contacted Bobulinski’s attorney for comment.

Tony Bobulinski testifies before the House Oversight and Accountability Committee hearing
Tony Bobulinski testifies before the House Oversight and Accountability Committee hearing (AP)

In the Tuesday ruling, District Judge J. Paul Oetken found that Bobulinkski hadn’t shown Tarlov’s statements had damaged his reputation, even though the initial one was inaccurate.

The court pointed out that Bobulinski had voluntarily associated himself with Trump in the past, including attending a presidential debate as his guest and hiring a former Trump White House official as his attorney.

“Connecting Bobulinski to the former—and future—democratically elected President of the United States simply cannot be grounds for an average American’s hatred, distrust, or ridicule,” the judge wrote.

Join our commenting forum

Join thought-provoking conversations, follow other Independent readers and see their replies

Comments

Thank you for registering

Please refresh the page or navigate to another page on the site to be automatically logged inPlease refresh your browser to be logged in