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Monday, 11/29/2021 11:20:07 AM

Monday, November 29, 2021 11:20:07 AM

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Could Kyle Rittenhouse SUE Biden? Kenosha teen 'has a defamation case against president for calling him a white supremacist' before murder trial says expert who helped Nicholas Sandmann reach settlement
Kyle Rittenhouse, 18, was acquitted of all charges this week by a jury
Lawyer Todd McMurtry said the teen could have a case against Joe Biden, who referred to a video of 'white supremacists' that contained teen's image
The lawyer admitted he didn't think Rittenhouse would win, but that it was actionable
McMurtry also represented Nicolas Sandmann, the then-16-year-old who was branded a racist after a picture of him wearing a MAGA hat went viral
CNN and Washington Post settled lawsuits with Sandmann, who is currently suing other media outlets
By ALYSSA GUZMAN FOR DAILYMAIL.COM

PUBLISHED: 12:49 EST, 20 November 2021 | UPDATED: 16:38 EST, 20 November 2021

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Kyle Rittenhouse, who was found not guilty on all charges Friday in a controversial trial that has divided the nation, may possibly have a defamation case against President Joe Biden over reference to 'white supremacists' in a video, experts said.

The video was posted in a September 2020 tweet, which could now possibly cause Biden legal trouble, according to lawyer Todd McMurtry, who helped Nicolas Sandmann sue news outlets for upward of $800 million for defamation. The now-19-year-old famously settled with CNN and The Washington Post after they deemed him a racist when he was seen in viral video footage wearing a MAGA hat.

Biden, 79, tweeted on September 30, 2020: 'There's no other way to put it: the President of the United States [Donald Trump] refused to disavow white supremacists on the debate stage last night.'


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Although Trump was not asked specifically about Rittenhouse's actions on the debate stage at the time, the 18-year-old was featured in the tweeted video holding a rifle in the streets of Kenosha, Wisconsin, in August 2020.

'What you take from this tweet is that Kyle Rittenhouse was using his rifle and engaging in white supremacist misconduct, so it's actionable,' McMurtry told Fox News on Friday after Rittenhouse was acquitted of all charges against him.

The lawyer admitted the 18-year-old was 'not necessarily going to win' but it is 'actionable.'

Lawyer Todd McMurtry said President Joe Biden, 79, (pictured) could face a defamation case by Kyle Rittenhouse after insinuating he was a white supremacist in a campaign video denouncing Donald Trump from September 2020 +6
Lawyer Todd McMurtry said President Joe Biden, 79, (pictured) could face a defamation case by Kyle Rittenhouse after insinuating he was a white supremacist in a campaign video denouncing Donald Trump from September 2020

The September 2020 tweet featured a video that at one point showed Rittenhouse. Biden claimed in his tweet that Donald Trump 'refused to disavow white supremacists' +6
The September 2020 tweet featured a video that at one point showed Rittenhouse. Biden claimed in his tweet that Donald Trump 'refused to disavow white supremacists'

Rittenhouse, 18, was as acquitted this week by jurors on all charges - two counts of homicide, one count of attempted homicide for wounding a third man, and two counts of recklessly endangering safety - after killing two people during protests marred by arson, rioting and looting on August 25, 2020, in Kenosha, Wisconsin +6
Rittenhouse, 18, was as acquitted this week by jurors on all charges - two counts of homicide, one count of attempted homicide for wounding a third man, and two counts of recklessly endangering safety - after killing two people during protests marred by arson, rioting and looting on August 25, 2020, in Kenosha, Wisconsin

Lawyer Todd McMurtry also helped Nicolas Sandmann +6
Lawyer Todd McMurtry also helped Nicolas Sandmann

Civil rights lawyer Leo Terrell warned Biden on Fox News that the now-president couldn't justify his remarks and that he's 'going to have to pay for and justify' his actions.

Biden released a statement following the verdict Friday, saying: 'While the verdict in Kenosha will leave many Americans feeling angry and concerned, myself included, we must acknowledge that the jury has spoken.'

The president also said he knew 'we're not going to heal our country's wounds overnight' but he remains 'committed' to doing 'everything in my power to ensure that every American is treated equally.'

Vice President Kamala Harris also told reporters that the 'verdict speaks for itself.'

‘It’s clear, there’s still a lot more work to do,' she said before boarding Air Force One in Columbus, Ohio.

Biden also released a statement following the verdict, stating that himself and 'many Americans' felt 'angry' following the verdict and were 'concerned,' but said the public has to 'acknowledge that the jury has spoken' +6
Biden also released a statement following the verdict, stating that himself and 'many Americans' felt 'angry' following the verdict and were 'concerned,' but said the public has to 'acknowledge that the jury has spoken'

McMurtry also argues that Sandmann and Rittenhouse have similar cases: both were minors when the event occurred and were private figures at the time.

Although household names now, without being public figures or celebrities beforehand, Rittenhouse and Sandmann only have to prove Biden's negligence, instead of a higher burden of proof actual malice, the lawyer said.

Sandmann has also encouraged Rittenhouse to sue media outlets for defamation as well.

'The parallels between me and Rittenhouse are impossible not to draw,' Sandmann wrote in an op-ed for DailyMail.com. 'The attacks on Kyle came from the national news media, just as they came for me.

'So every single label on Kyle as a 'terrorist', 'white supremacist', and 'school shooter' in the streets of Kenosha, will only ever be withdrawn after the damage has been done.

'So, if Kyle is prepared to take on another burden in his early life, with the acceptance that it might result in nothing, I answer, give it a shot and hold the media accountable,' he wrote for DailyMail.com.

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