Two IRS employees, Gary Shapley and Joseph Ziegler, who were granted whistleblower protections to share concerns about the government’s alleged mishandling of the investigation into Hunter Biden, are now asking a federal judge to dismiss a civil lawsuit brought by the president’s son against the IRS. The whistleblowers argue that they had the right to speak out about what they believed was gross mismanagement and abuse of authority in the handling of the Hunter Biden case, under the Whistleblower Protection Act. They also seek to intervene in the case, claiming that the IRS has a conflict of interest in defending their decision to speak out publicly.
Hunter Biden filed the civil lawsuit against the IRS in September, alleging that Shapley and Ziegler were part of a campaign to smear him by disclosing confidential taxpayer information. The lawsuit does not name the whistleblowers as defendants, but accuses IRS agents of targeting and embarrassing Biden through public statements to the media. The case is still in its early stages, with Shapley and Ziegler seeking to participate in order to defend their actions and have the case dismissed. They argue that they did not divulge any confidential taxpayer information and acted in a manner protected by Congress and whistleblower statutes.
The Department of Justice declined to comment on the filings, and neither the IRS nor Hunter Biden’s attorneys have responded to the requests by the whistleblowers to intervene in the case. The decision will ultimately rest with U.S. District Court Judge Rudolph Contreras after both parties have responded. Shapley previously raised concerns about special treatment in the Hunter Biden investigation, alleging that he was prevented from taking routine steps in the IRS probe. The Justice Department has denied any favoritism towards Hunter Biden, and his legal team has not commented on the matter.
The Biden lawsuit against the IRS cites specific statements made by Shapley and his attorney during interviews with CBS News, claiming that they disclosed the existence of the investigation without Biden’s consent. The whistleblowers dispute these claims and argue that disclosures are permissible if they relate to possible misconduct, maladministration, or taxpayer abuse. They take issue with the IRS’s failure to seek a full dismissal of the lawsuit based on disclosures made by non-IRS employees and argue that the IRS, as the target of the whistleblower complaints, is not in a position to defend the agents’ actions.
Hunter Biden’s lawsuit seeks damages for unauthorized disclosure of information, with the whistleblowers facing potential punitive damages. The case is ongoing, with the whistleblowers seeking to defend their actions and have the case dismissed, citing their right to speak out under whistleblower protections. The outcome of this case will have implications for whistleblower protections and the handling of confidential taxpayer information by IRS employees.
