In late 2023, Biden initiated a defamation lawsuit, accusing Byrne of making defamatory statements that falsely alleged his involvement in “heinous and treasonous acts” concerning bribery and Iran. Biden claimed Byrne also unjustly linked him and these alleged “crimes” to the “appalling terrorist assaults by Hamas on Israel.”

The lawsuit highlights these “fabrications” as “particularly egregious,” pointing out that Byrne accused Biden of a capital crime, according to the legal documents.

“Byrne wrongly charged the Plaintiff with colluding with hostile nations and terrorists against his own country for personal gain, essentially accusing him of treason by aiding America’s adversaries in harming Americans for monetary benefits,” the motion elaborated. “Such an accusation of treason ranks among the most severe, comparable to accusations of child molestation.”

Additionally, Biden’s legal team described Byrne as a “habitual offender,” exploiting his significant wealth and employing “deception and malevolence” to tarnish Biden, motivated by his dislike for Joe Biden.

“The scenario in this case—where a billionaire persistently publishes claims that the son of the then-President collaborated with America’s foes for nearly one billion dollars in bribes—is exceptionally rare. The Plaintiff draws parallels to the case of Freeman v. Giuliani,” noted the motion.

While Biden is a public figure and had Secret Service protection during Byrne’s allegations, distinguishing his situation from the defamed Georgia election workers, Freeman and Moss, who were deemed “far more exposed” to the repercussions.

As a result, Biden sought $33.3 million — 44% of the $75 million in punitive damages awarded in the Freeman case — plus $1 in nominal damages.

Forcing Byrne to pay up tens of millions of dollars in punitive damages will send a message that causes him “discomfort” while not by any means ruining him, the filing concluded, claiming that sum would be “much less” than the defendant said he paid to bankroll 2020 election challenges and supporting “families of participants” in Jan. 6.

“Even if the award does not affect his lifestyle, Plaintiff believes an award of that size will cause Byrne discomfort and so satisfy the purpose of punitive damages. But it will not ‘destroy’ or ‘cripple’ Byrne. An award of $33.33 million would be less than 5% of his most likely earnings from his recent investment of the proceeds from his Overstock.com sale,” the motion said. “It would be much less than the $40 million that Byrne publicly stated he spent on financing challenges to the 2020 presidential election and paying for living expenses for the families of participants in the January 6, 2021, attack on the Capitol who were being prosecuted for those criminal actions.”

Read the motion here.