Legal analysts weighed in on whether first lady Melania Trump‘s billion-dollar defamation lawsuit threat against Hunter Biden has merit.
Why It Matters
Trump threatened to file a lawsuit against Hunter Biden, the son of former President Joe Biden, accusing him of making “false, defamatory, disparaging, and inflammatory statements” during an interview in which he claimed Jeffrey Epstein introduced her to her husband, President Donald Trump.
If she follows through with that threat, the case could test the limits of defamation law involving high-profile individuals such as the first family.
The Trump administration has been under scrutiny over its handling of a trove of documents and files related to Epstein, the disgraced financier who died by suicide in a New York federal jail in 2019 while awaiting trial on charges of sex trafficking.
There have long been rumors of an Epstein “client list,” and Trump campaigned on greater transparency on the case. However, Trump’s Justice Department has not released those files, fueling political backlash against him.
What To Know
Hunter Biden made those claims about Melania Trump during an interview with journalist Andrew Callaghan earlier this month, citing an article from The Daily Beast based on claims by Trump biographer Michael Wolff. The Daily Beast retracted that story after receiving a letter from the first lady’s lawyer challenging its headline and framing.
Melania Trump’s lawyer, Alejandro Brito, sent the letter to Hunter Biden and his lawyer, Abbe Lowell, on August 6, 2025, reported Fox News Digital. He said Biden’s comments are “extremely salacious and have been widely disseminated throughout various digital mediums.”
In an interview with Callaghan on Thursday, Biden declined to apologize, saying, “F*** that. That’s not going to happen.”
Former federal prosecutor Neama Rahmani told Newsweek that in theory, Melania Trump has a “strong case against Hunter Biden” if his statement was indeed false.
“As a public figure, the first lady would have to prove malice, that the younger Biden knew the statement was false or that he acted with reckless disregard for the truth. But if Epstein did not introduce the president and first lady, that would not be difficult to prove,” Rahmani said.
If the first lady files the lawsuit, Biden would likely raise First Amendment arguments, including that political speech receives strong free speech protections.
Practically speaking, however, Rahmani said he does not believe Melania Trump will file. If she does, she and her lawyers may look for a quick settlement.
“The president has been very litigious when it comes to these types of cases, but truth is an absolute defense to defamation. A civil complaint puts how Donald and Melania met and their relationship with Epstein, if any, at issue,” Rahmani said. “That means the president and first lady would have to sit for a deposition and answer questions about Epstein. Hunter may dig in his heels and push the case to trial or the brink, like he did with his criminal cases.”
A trial about the Trumps and Epstein would be a “circus,” and no one wants to be associated with Epstein, Rahmani said.
However, former federal prosecutor Shanlon Wu said he believes Melania Trump does not have a strong case against Hunter Biden.
“It’s pretty tough for a public figure like a first lady to be able to claim defamation,” Wu said.
The case could also be difficult to prove because the statements originate from Wolff’s book, he said. She would not only have to prove that the claim is false, but that Hunter Biden knew or should have known it was false.
“It would be different if he was the only person starting this rumor or something, but given that there’s been other people—it may be factually inaccurate, but there are other sources publicly available—it becomes more of a defamation suit based on the idea you’re not allowed to reference other publicly reported stories,” Wu said.
He added that a defamation trial would not “be very helpful at all” to the scrutiny the Trump administration has faced over Epstein.
What People Are Saying
Melania Trump’s lawyer, Alejandro Brito, wrote in his notice to Hunter Biden: “Failure to comply will leave Mrs. Trump with no choice but to pursue any and all legal rights and remedies available to her to recover the overwhelming financial and reputational harm that you have caused her to suffer.”
Hunter Biden said on Channel Five: “What I said was what I have heard and seen reported and written, primarily from Michael Wolff, but also dating back all the way to 2019 when The New York Times, I think, Annie Carney and Maggie Haberman reported that sources said that Jeffrey Epstein claimed to be the person to introduce Donald Trump to Melania at that time.
“And then I think excerpted in a book that was published in Vanity Fair, and I think it’s been repeated by journalists and authors since then. But the primary source was the interviews that Michael Wolff has been conducting, in which he has, actually, tapes of I think hours and hours of interviews with Jeffrey Epstein. So, you know, fact of the matter is that, you know, I don’t think that these threats of a lawsuit add up to anything other than a design destruction because it’s not about who introduced whom to who. I don’t know how that in any way rises to the level of defamation to begin with.”
Nick Clemmens, an aide to Melania Trump, previously told Newsweek: “First lady Melania Trump’s attorneys are actively ensuring immediate retractions and apologies by those who spread malicious, defamatory falsehoods. The true account of how the first lady met President Trump is in her best-selling book, Melania.”
What Happens Next
Whether Melania Trump will end up filing the lawsuit against Hunter Biden is yet to be seen. If so, it would garner significant attention while testing the First Amendment and defamation law.
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