In major twist, ex-Overstock CEO tells judge he's a 'whistleblower' with 'audio tapes' that can defeat Hunter Biden's defamation lawsuit in front of jury

The saga of Hunter Biden's defamation lawsuit against Patrick Byrne has taken another turn after the ex-Overstock CEO asked a judge to set aside a default judgment and allow him to mount a defense, with the help of his new attorney.

Former President Joe Biden's son filed the defamation lawsuit in late 2023, claiming that Byrne defamed him when he falsely accused him of committing "despicable and treasonous crimes" involving bribery and Iran. Biden alleged that Byrne was "told that his allegations are false" and that a retraction demand was made, but the named defendant "doubled down" in a subsequent post linking the plaintiff and his "purported crimes" to the "horrific terrorist attacks by Hamas on Israel."

Looking to stave off defeat by default, attorney Robert Tyler stated in a 28-page filing that Byrne has "vigorously defended his free speech rights" and has "good cause" for taking this off-ramp.

"Default judgments are generally disfavored, and this is especially true where Defendant has consistently and adamantly defended the matter. Here, Mr. Byrne has vigorously defended his free speech rights. Default only came about after a cascade of events resulted in him not receiving service of filings," Tyler claimed. "Moreover, Mr. Byrne did not engage in culpable conduct that led to the entry of default, he has meritorious defenses to the claims against him, and Plaintiff will not be prejudiced if this case is to go to trial. Therefore, Mr. Byrne should be allowed to present those defenses at trial in front of a jury."

Tyler, who once represented a former Trump White House policy analyst Biden sued over the posting of the "Laptop Report," entered an appearance on Byrne's behalf in January.

As Law&Crime previously reported, U.S. District Judge Stephen Wilson, a Ronald Reagan appointee, opted last summer to reschedule trial for October to give Byrne time to find new counsel after Byrne suddenly fired his lawyers as trial was set to begin, rather than issue a default judgment. Two other attorneys — Stefanie Lambert and Peter Ticktin — subsequently sought at every level of the federal court system to represent Byrne, claiming Wilson's refusal to allow Byrne his "counsel of choice" on the case in a pro hac vice capacity amounted to "a severe violation of his constitutional rights."

However, those arguments did not win the day for Lambert and Ticktin, so Byrne had to look for legal help elsewhere. As the controversy was unfolding in September, Biden's lawyers asked the judge to issue a bench warrant, force Byrne to show up to court, and make him comply with court orders.

There would be no warrant, but sanctions for the derailing of the trial followed, and the clerk entered a default in October.

By November, Biden said that Rudy Giuliani's default judgment for defaming 2020 election workers in Georgia was the "most comparable" to the Byrne case, and that $1 in nominal damages and $33.3 million in punitive damages should be awarded.

These "lies" were "especially reprehensible" in multiple ways, considering Byrne accused Biden of committing a crime punishable by death, a filing said.

"Byrne falsely accused Plaintiff of conspiring with enemy nations and terrorists against his own country for personal profit—in other words, of committing treason while his father was the sitting President by agreeing to help America's enemies kill Americans for money," the motion continued. "This amounts to a false accusation of treason—among the worst crimes imaginable, on a level with child molestation."

Just one month later, Biden's lawyers alerted the court to statements Byrne made on "The Alex Jones Show," which Biden alleged were a "republication of the defamatory statements."

"In the full clip posted by Alex Jones on December 9, 2025, not only does Defendant reiterate the same Defamatory Statements at issue in this matter, but he doubles-down on them by taunting Plaintiff about this lawsuit and publicly states he harbors malice toward Plaintiff," the filing said, comparing Byrne's alleged behavior to that of President Donald Trump with regard to his repeat defamation of columnist E. Jean Carroll.

Now Byrne, claiming it wasn't until he hired Tyler that he understood what had unfolded in the suit, is looking to bring the case back from the brink of destruction by throwing his fired lawyers under the bus, backing his disallowed lawyers, and raising his "meritorious defenses" in front of a jury.

"Defendant Patrick Byrne is an American whistleblower in its truest sense. His defense here is significant because it implicates serious national security concerns. He presented audio tapes to the Federal Bureau of Investigation during President Joseph Biden's administration evidencing the veracity of his assertion Plaintiff Hunter Biden attempted to negotiate an illicit deal during President Bara[c]k Obama's administration to unfreeze millions of dollars, if not billions of dollars, of Iranian assets in exchange for receiving millions of dollars in cash from Iranian agents," the filing said. "The FBI agent was deposed, and his deposition transcript was to be used at trial. Plaintiff Hunter Biden then obtained a pardon from his father eliminating the threat of criminal prosecution as it pertains to the facts of this case – an event providing a guilt-ridden exoneration but relevant to the veracity of Mr. Byrne's factual statements."

Colin Kalmbacher contributed to this report.