Pollak: Joe Biden Can Be Sued for Defaming Kyle Rittenhouse

Pollak: Joe Biden Can Be Sued for Defaming Kyle Rittenhouse


President Joe Biden could face a civil defamation suit from newly-acquitted Kyle Rittenhouse for calling him a “white supremacist” last year — without evidence, and before Biden was able to enjoy the immunities of presidential office.

Rittenhouse was, by then, a “public figure” for the purposes of defamation law, and would have to show that any defendant acted with “actual malice” — that is, with reckless disregard for the truth. He could arguably do so for Biden’s false statement.

When Biden made the now-infamous, and false, claim about Rittenhouse at the end of last September, more than a month had gone by since the Aug. 25, 2020 shootings for which Rittenhouse had been charged within days. Even then it was clear that no

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