A federal judge has thrown out a defamation lawsuit filed by two IRS agents against veteran Washington attorney Abbe Lowell, reinforcing the protections afforded to lawyers advocating for their clients.
The case, initiated last year by IRS agents Gary Shapley and Joseph Ziegler, claimed Lowell defamed them in letters to Congress and media outlets regarding whistleblower disclosures tied to Hunter Biden’s tax matters.
U.S. District Judge Richard Leon sided with Lowell, ruling that the statements in question were “positions that Biden’s attorneys took in the course of representing and advocating for their client” and did not demonstrate the “actual malice” necessary for a defamation claim.
Shapley and Ziegler, involved in investigating Hunter Biden’s tax compliance, said they were considering an appeal, insisting they acted as loyal public servants who “legally blew the whistle when Hunter Biden almost escaped prosecution.”
Lowell’s team welcomed the ruling, highlighting that it was “entirely appropriate” for their client to call attention to actions that harmed those he represented.
Long established in Washington legal circles, Lowell has become a go-to lawyer for officials facing high-stakes political and legal attacks. Earlier this year, he launched a new practice focused on defending public figures targeted by the Trump administration, with clients including New York’s Attorney General, a Federal Reserve Governor, and the CDC Director.
The dismissal underscores the legal shield protecting attorneys who speak forcefully in defense of their clients, particularly in politically charged cases.
Case reference: Gary Shapley and Joseph Ziegler v. Abbe Lowell, U.S. District Court for the District of Columbia, No. 1:24-cv-02646-RJL.
