Defamation Attorney Argues Rittenhouse May Have Viable Case Against Joe Biden


OPINION: This article may contain commentary which reflects the author's opinion.

Days after a jury found him not guilty on all charges, Kyle Rittenhouse has received even more good news.

Rittenhouse could have a defamation case against Joe Biden over a tweet suggesting Rittenhouse was a White supremacist, a lawyer who represented former Covington Catholic High School student Nicholas Sandmann told Fox News.

Todd McMurtry helped Sandmann reach a $settlement with CNN over a defamation lawsuit, said Biden could be held accountable for a social media post back in 2020 before he was elected as president.

“There’s no other way to put it: the President of the United States refused to disavow white supremacists on the debate stage last night,” Biden’s tweet said.

“The remarks were accompanied by a video showing white nationalists marching in Charlottesville, Virginia, and other images. A voice-over of Fox News’s Chris Wallace is heard asking then-President Trump during a presidential debate if he was willing to condemn White supremacists and militia groups,” Fox News reported.


“At one point in the video, an image of Rittenhouse shows him holding an AR-style rifle on the night he killed two protesters and wounded a third in Kenosha, Wisconsin, during unrest after the police shooting of Jacob Blake a month earlier,” the report added.

“What you take from that tweet is that Kyle Rittenhouse was using his rifle and engaging in White supremacist misconduct so it’s actionable. Not necessarily going to win, but it’s actionable,” McMurtry told Fox News.

McMurtry noted Biden was not president at the time of the tweet, meaning he would not have any presidential or congressional immunity.

“Sandmann, a Kentucky resident, and CNN settled a $250 million defamation lawsuit in January 2020 over the network’s coverage of his viral confrontation with a Native American man in Washington D.C. A video clip showed Sandmann wearing a “MAGA” hat around his classmates and smiling at Nathan Phillips, who was beating a drum and singing at the Lincoln Memorial,” Fox News reported.


In a column for the Daily Mail, Sandmann urged Rittenhouse to take his own legal action against the media.

“The parallels between me and Kyle Rittenhouse are impossible not to draw,” he wrote.

“Kyle was 17-years-old when he became a household name after that terrible tragedy in Kenosha. I was 16-years-old when I was catapulted into the national conversation by video of an encounter with a Native American activist on the steps of the Lincoln Memorial. Kyle was almost immediately labeled a ‘white supremacist’ and a ‘domestic terrorist’. To many, my red MAGA hat clearly meant that I was a racist.,” Sandmann wrote.

“The attacks on Kyle came from the national news media, just as they came for me. They came quickly, without hesitation, because Kyle was an easy target that they could paint in the way they wanted to. This is the problem with liberal media outlets in the United States. They want to get the story first, get the most views, make the most money, and advance the agenda from liberal patrons,” he added.

“The liberal media rushes to be the first to report. So every single label on Kyle as a ‘terrorist’, ‘white supremacist’, and ‘school shooter’ in the streets of Kenosha, will only ever be withdrawn after the damage has been done,” Sandmann wrote.

“So, if Kyle is prepared to take on another burden in his early life, with the acceptance that it might result in nothing, I answer, give it a shot and hold the media accountable,” he added.

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