Tonight, a very public demand from lawyers for President Biden's son. Hunter Biden's legal team is telling Fox to take down or stamp editor's notes on a raft of stories that relied on the allegations of a now indicted FBI informant. They're saying it's defamation and that Fox knows it. They also want the network to remove a fictionalized series about Hunter Biden that has featured sexually explicit images that Biden says were private, according to a letter obtained by CNN. Now, it's a very public step that accuses the network of breaking state laws against revenge porn. Joining me now is Tina Godian. She is an attorney at Garagos and Garagos whom Mr. Biden is now hired to handle this Fox case. Defamation, when it comes to a news organization, is typically really difficult in our court system, and for good reason. Why do you think this one will be successful?

So this is not your typical defamation case. This is actually, if you read the letter carefully, it's more of a conspiracy to defame and paint in a false light. Why that's significant is when it's a conspiracy case that actually eliminates a lot of the classic defenses, something like a media organization would have against defamation claims. That's what definitely sets us apart from other cases. This is obviously so much more than just a conspiracy to defame. As you just mentioned, there's the fictionalized docuseries that Fox Nation has created and produced just for entertainment value. There's absolutely no newsworthy purpose to this.

I wondered about that, though. I mean, if it is fictionalized, we all agree, you agree, they agree. They have all the disclaimers saying, This is not real. This is essentially made up. I mean, because some of the things are literally made up. Isn't it just art? I put that in quotes, but essentially.

No, because you have pure fact, which would be protected, and And you also have pure fiction that might be protected. But this is a very bizarre marriage of the two. So it's basically blending in fact and fiction in a way that doesn't allow viewers to decipher what really is fact and what's fiction. So if you watch the docuseries, you see some real life characters from, whether you want to call it the Laptop saga, but these events that are actually occurring. And they play themselves, they act as themselves as witnesses in the docuseries. So even though there's a disclaimer at the outset, you then see these real individuals portraying themselves. You see actual images of both Hunter Biden, the President, and other individuals that are involved with them. You see actual emails. And so they present a lot of factual information, but they distort it, and they don't give the appropriate context, and then they have fictionalized dialog surrounding it. So for an average viewer, it's really impossible to know what is fact and what's fiction, and that is very harmful because then the portrayal is perceived to be true, even though it's not.

Was it a mistake, and does it hurt your case, that the Hunter Biden's attorneys, not your firm, but the other attorneys involved in this case, claimed that this was the product, that laptop, and the information on it was a product of Russian disinformation. They suggested that it was fake.

Well, and this doesn't actually say anything to contradict that.

I mean, I'm not going to comment It purports that these images are real, that the information that comes from the laptop that is in these Fox reports are real.

No. So these are referred to as hacked, stolen, and/or digitally manipulated material. So certainly, nobody could dispute that when you see these images, it depicts Hunter Biden. Now, the source of that, again, that has no bearing on the fact that Fox Nation is improperly using that to commercially exploit Hunter, both for monetary gain just from the series, but also to humiliate him and to maliciously injure him by using images which they know are not with his consent.

Just to be clear, I don't want to belabor this, but for clarity, for his sake, the position is still that some of these images or information from that laptop is digitally manipulated?

Nothing in our letter takes... Yes, the position that we have taken, which is that these images clearly depict Hunter Biden, and they're explicit images. These are exactly the type of images that the state, I mean, almost every state at this point has what has been labeled as revenge form laws. New York State enacted these in 2019. There's both a criminal component and a civil component, and it protects exactly this. Images depicting an individual that are intimate, sexually explicit without that person's consent, and that's exactly what this is.

So who are the worst offenders, in your view, at Fox, who are responsible for this?

So there was obviously Love Parnass's Congressional testimony last month, which was really explosive, we thought. And he detailed this BLT team, which included media personalities, and it was in concert with Giuliani and others, to basically spread this false narrative, knowing that it was false. And they would have these meetings. The reason it's titled as the BLT team as they were having these meetings at the BLT Stakehouse at Trump's Hotel in DC at the time. These were strategy meetings that they were having there to see how they could spread this information. One person, he said this involved a lot of Fox news personalities, but he named Sean Hannity. That's one person that Mr. Parnas implicated last month, which was interesting. But part of what this letter really does is it's a preservation demand so Fox doesn't destroy any of the critical internal communications, emails, text messages, as we saw in Dominion. That's critical to seeing their state of mind and that they knew what they were doing was wrong, and they did it anyway.

There's a retraction demand, but if that has met, are you still leaving open the door that there could be a suit here?

Absolutely.

For monetary damages.

Sure. The letter, again, includes various different claims. So part of it is the retraction demand. There's the debunked bribery allegations that the indicted Smirnov was peddling, and now those have been proven to be false. So that's one component of it. We want them to correct the record as to that. We want them to take down the mock trial of Hunter Biden from all streaming platforms. And of course, we're seeking monetary damages. All right.

Tina Gladean, thank you very much for joining me tonight.