Hunter Biden, the son of President Joe Biden, has responded to a motion to dismiss his federal “hacking” lawsuit in California. In his response, he highlighted a sworn declaration from a former policy analyst in the Trump White House. Hunter Biden referred to this declaration as a “surprisingly frank admission” that serves as undeniable evidence of the defendants’ unlawful data access. This revelation strengthens his case and solidifies the fact that the defendants violated the law.
Garrett Ziegler, Marco Polo, and 10 Does claimed that the Computer Fraud and Abuse Act (CFAA) lawsuit against them is a strategic lawsuit against public participation, which they believe should be dismissed. They argue that the lawsuit aims to suppress their “protected” First Amendment activity. However, Hunter Biden has responded to this by stating that he is suing the defendants because they unlawfully and without authorization accessed his data, not because of their use of the data for speech-related purposes.
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In the filing, Ziegler’s own sworn testimony was presented as sufficient evidence to withstand the motion to dismiss.
The opposition argues that the defendants have provided a sworn declaration from Ziegler, who, under oath, admits to spending months “locating” the plaintiff’s passwords and subsequently using one or more of those passwords to access the plaintiff’s password-protected data. They quote Ziegler’s admission as evidence of this action.
Also contained on the external hard drive given to me were files containing passcodes, which are essentially similar in function to passwords designed to allow access to password-protected files. Although it took months of examination, we were able to locate the passcode which allowed access to the iPhone backup file. Those files existed on the external hard drive when it was first given to me.
According to Biden’s legal team, the defendants were involved in the exact kind of hacking activity that the laws aim to penalize.
Hunter Biden has agreed to transfer the lawsuit over the alleged “hacking” of his laptop data to the same jurisdiction where Rudy Giuliani practiced law. This decision comes as the bankruptcy case moves forward.
Ziegler, who previously served as associate director in the Office of Trade and Manufacturing Policy under former Trump trade adviser Peter Navarro, openly boasted about his involvement in accessing Hunter Biden’s iPhone backup and successfully decrypting the encrypted code stored on his laptop. This revelation was made in the filing.
The Biden opposition claims that the Defendants unlawfully accessed the encrypted code stored on the Plaintiff’s laptop and then uploaded it to their website. According to them, this data is still accessible on the website. They also suspect that the data uploaded from the Plaintiff’s encrypted iPhone backup, as well as the data from the Defendants’ copy of the laptop’s hard drive, has been manipulated, tampered with, altered, and/or damaged by the Defendants.
The plaintiff, once again, confidently claims that there is enough evidence to prove Ziegler’s wrongdoing. They firmly believe that Ziegler’s sworn testimony will ultimately have serious consequences for him.
“The available evidence suggests that Defendants somehow obtained Plaintiff’s data, although the exact method is unclear. Once in possession of Plaintiff’s data, Defendants proceeded to access it without Plaintiff’s permission or consent. This unauthorized access included discovering Plaintiff’s password and using it to gain entry into the password-protected data. Plaintiff explicitly demanded that Defendants stop their unlawful activities, but this request was ignored. Defendants have persistently continued to access, tamper with, and manipulate Plaintiff’s data, as confirmed by Defendant Ziegler’s sworn testimony in this case.”