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LEGAL NEWSLINE

Tuesday, April 30, 2024

Biden lawyer counter sues computer shop owner: Hunter data has no 'legitimate concern to public'

Federal Court
Daltonbart

Dalton

WILMINGTON, Delaware – Data on Hunter Biden’s laptop “is of no recognized legitimate concern to the public,” his lawyer claims in a privacy invasion complaint against computer repairman Mac Isaac.

Attorney Bartholomew Dalton of Wilmington filed the complaint March 17 in U.S. district court as a counter claim to a defamation complaint Isaac filed against Biden in October.

Isaac also sued CNN, Rep. Adam Schiff of California, Politico, and Joe Biden’s presidential campaign.

Dalton’s counter claim alleges that Isaac acted improperly by taking possession of the laptop in 2019 and arranging for supporters of President Trump to publicize its contents in 2020.

He wrote that Isaac claims he obtained lawful possession of the data because it was contained on a laptop Biden left behind at his shop, and relies upon an authorization form that stated, “Equipment left with the Mac Shop after 90 days of notification of completed service will be treated as abandoned.”

“The boilerplate terms of the repair authorization form used Mac Isaac were contained in small print font at the bottom of the page, well below the signature line,” he wrote.

The suit argues that in Delaware tangible personal property is deemed abandoned when the rightful owner has failed for a year to exercise control or otherwise assert ownership.

“This is not an admission by Mr. Biden that Mac Isaac or others in fact possessed any particular laptop containing electronically stored data belonging to Mr. Biden,” the suit claims.

“Rather, Mr. Biden simply acknowledges that at some point, Mac Isaac obtained electronically stored data, some of which belonged to Mr. Biden.”     

The procedure to obtain title to abandoned personal property requires a person in possession to file a petition in court, the suit claims.

Isaac’s alleged intrusion included sensitive private material.

“From whatever the source, the material he then provided to others included photos of Mr. Biden using drugs, without clothes, and involved in intimate relations with other adults,” the suit claims.

Isaac allegedly admitted the material made him uncomfortable and was none of his business.

“At no time did Mr. Biden grant Mac Isaac any permission to access, review, copy, or disseminate for his own purposes any electronically stored data that ever was created or received or maintained by Mr. Biden regardless of how Mac Isaac came into possession of such material,” the suit claims.

It claims that Isaac supported President Trump and took his action to harm the Biden family. Isaac allegedly knew that people to whom he provided the data would use it to assist Trump.

It claims XRVision founder Yaacov Apelbaum came to Isaac’s home “and assisted Mac Isaac in creating some sort of forensic copy.”

Isaac allegedly sent a hard drive containing the data to his father Richard Isaac inside a stuffed animal which his father agreed to hold for safekeeping.

Isaac also allegedly printed material to assist Trump’s defense in impeachment proceedings, and gave another copy of the data to his uncle Ronald Scott, who sent summaries to journalists and Republican members of Congress.

Scott allegedly shared files and a timeline with his friend Ken LaCorte of Fox News.

Isaac allegedly contacted Rudy Giuliani’s lawyer Robert Costello on Aug. 27, 2020, and Isaac sent a drive to Costello the next day.

Costello allegedly told Isaac in advance of a presidential debate that Giuliani was briefing Trump on it.

Giuliani distributed a copy to Trump adviser Steve Bannon who “appears to have given at least some of the data to Chinese billionaire Guo Wengui.”

The New York Post published an article about the data on Oct. 14, 2020.

Giuliani allegedly provided a copy to Trump aide Garrett Ziegler, who uploaded more than 120,000 emails, photos and other files to his Marco Polo USA website in 2022. The data remains accessible, the suit claims.

Jack Maxey of Bannon’s podcast allegedly sent data to Republicans in Congress, the Washington Post, and the Daily Mail. Maxey allegedly showed some or all of it to Fox News anchor Tucker Carlson.

“Mac Isaac has contradicted himself on his ability to identify who, if anyone, brought to the Mac Shop what he claims to be Hunter Biden’s laptop,” the suit claims. 

“Mac Isaac’s knowing and intentional distribution of Mr. Biden’s personal and sensitive data was not carried out for any reasonable or legitimate purposes, but rather to try and expose Mr. Biden’s data to those that he knew or should have known would intend to create embarrassment and harm for Mr. Biden.”

Isaac allegedly used the data to make money by including portions of it in his book and making some or all of it available at appearances he has made.

“Mr. Biden’s personal data was made available to third parties and then ultimately to the public at large, which is highly offensive, causing harm to Mr. Biden and his reputation,” the suit claims.

“Mac Isaac continues to violate Mr. Biden’s right to privacy by continuing to publicly discuss Mr. Biden’s data even though it is of no recognized legitimate concern to the public other than that which Mac Isaac created himself for his own benefit.”

The suit seeks compensatory damages and an injunction requiring Isaac to return the data and communicate to individuals to whom he provided copies that they must return it. It also seeks punitive damages.

District Judge Maryellen Noreika presides.

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