Is it possible for Kyle Rittenhouse to sue Joe Biden for defamation?

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Is it possible for Kyle Rittenhouse to sue Joe Biden for defamation?

Experts have questioned whether Kyle Rittenhouse might sue President Joe Biden for defaming his character after his homicide arrest.

After tying Biden to white supremacy in a tweet last September, Rittenhouse, who was cleared of all charges after killing Joseph Rosenbaum and Anthony Huber and wounded Gaige Grosskreutz in Kenosha last August, accused Biden of behaving with “real malice, defaming my character.”

While Rittenhouse did not say during his interview with Fox News’ Tucker Carlson that he intended to sue Biden, a number of right personalities and attorneys have said he has a case.

Biden sent the tweet in question before he was elected president.

Biden’s account posted a video on Twitter criticizing Trump for failing to condemn white nationalism and other far-right organizations.

During a televised presidential debate in September 2020, Trump tells the Proud Boys to “stand back and stand by” after a neo-Nazi march in Charlottesville, Virginia, in 2017.

The video also includes an image of Rittenhouse armed with a semiautomatic weapon from the Black Lives Matter events in Kenosha.

Is it possible for Kyle Rittenhouse to sue Joe Biden for defamation?

According to experts, while Rittenhouse may have a case against Biden, proving it will be tough.

Even though sitting presidents cannot face criminal charges, Neama Rahmani, a former assistant US attorney and current president and co-founder of West Coast Trial Lawyers, told The Washington Newsday that Rittenhouse can pursue a civil action against Biden.

“Because Biden was not an elected official when he made those remarks, he would not be able to utilize executive privilege as a defense against a defamation case from Kyle Rittenhouse,” Rahmani added.

“He was running for president, and campaigning isn’t regarded functioning in an elected leader’s official role.”

Why a Lawsuit Against Biden Will Almost Certainly Fail

According to Barbara McQuade, a University of Michigan law professor and former U.S. attorney in Detroit, Rittenhouse’s threat to sue Biden for defamation based on the video is “not a serious allegation.”

“For starters, it’s highly doubtful that Biden himself created or tweeted the commercial. Any legal action would have to be taken against the individual. This is a condensed version of the information.

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