Liberal Super PAC files federal lawsuit against Rep. Boebert, claims defamation led to lost revenue

PUEBLO COUNTY, Colo. (KRDO) -- A liberal super PAC and non-profit is claiming multiple media appearances made by Colorado Congresswoman Lauren Boebert in June 2022 constitute defamation. At the time, Boebert was defending accusations that she had two abortions, worked as a paid escort for a period of time, and had previously used methamphetamine; all claims made by the organization now suing her.

Those claims were published on a website called fireboebert.com, which has been established and run by the American Muckrakers organization. On June 13, 2022, they published the aforementioned claims that they gleaned from previously unnamed sources. Now, in federal court, they are revealing the names of those sources and taking aim at the Republican Congresswoman once again.

American Muckrakers claim they lost 92% of their revenue in the days after Boebert appeared on "The Sean Hannity Show," a Fox News cable program that garners millions of viewers each weeknight. During that program, federal court records allege Boebert defamed the American Muckrakers and its founder David Wheeler. They allege Boebert made the following claims:

“There is no evidence to back any of their claims. I’m taking legal action against this guy, David Wheeler, and Muckrakers, and we’re moving forward with a lawsuit.”

“This man was told by his source that one of his allegations was made up before he released it. He knew it was false and he moved forward anyway... And he changed his story later.”

“Radical Democrats want me out of office, and they will lie and break the law to try to beat me.”

"She basically dragged the PAC and David Wheeler through the mud because she's worried," Executive Director Graeme McGufficke said. "We decided that we needed to take action for defamation and other things just to hold her accountable at large."

Court documents reveal that the following people, from the region where Boebert resides, gave the American Muckrakers information on the charged claims against the Congresswoman. Below is exerts from the court documents:

"Ms. Cindy Lee O’Brien, of New Castle, Colorado, beginning on May 27, 2022, through July 27, 2022, through fifty or more recorded phone calls, emails, text messages, private Twitter messages and in-person meetings, during which Ms. O’Brien provided details of Defendant’s abortions in Grand Junction, Colorado and in Glenwood Springs, Colorado. Ms. Cindy Lee O’Brien, also provided first-hand reports of Defendant’s paid escort work for one of the Koch brothers at an Aspen Colorado political event at the home of Mr. Leslie Wexner on or about February 2020. Ms. Cindy Lee O’Brien, also claimed first-hand knowledge of Defendant’s nude dancing at an establishment named “Fantasy Grand Junction,” in Grand Junction, Colorado."

"Ms. Judy Biedenbach, currently residing in Rochester, New York, through dozens of Twitter messages and emails from May 19, 2022, through November 5, 2022, corroborated Cindy Lee O’Brien’s claims and provided additional information regarding Defendant’s alleged abortions and paid escort work."

"Ms. Jessica Spaulding, of Rifle, Colorado, who had worked for Boebert at Shooters Grill in Rife, Colorado, provided written and verbal statements through recorded phone calls, emails, text messages, private Twitter messages and an in- person meeting on June 19, 2022, claiming first-hand knowledge of methamphetamine use by Defendant Boebert and her husband."

"Mr. Joshua Bartlett, of Glenwood Springs, Colorado, who has had a ten- plus year relationship with Defendant and her husband, confirmed through text messages and a recorded phone call, on June 16, 2022, the truth of statements made in Plaintiffs’ above-mentioned press release and claimed first-hand knowledge of an incident at Defendant’s home where he witnessed Defendant using methamphetamine."

"One of the reasons that I think the PAC received some blowback on these claims was that we were keeping our sources' identities secret," McGufficke said. "We didn't want to reveal that information because they were worried. They lived in the region, they live in the district, and they were scared about retribution."

Now, the American Muckrakers said they knew giving up their sources' identities would be necessary to win a defamation lawsuit against a public figure, largely because of their need to have these people testify at a potential trial.

"We talked to all of these folks, and they understand the importance of this information getting out there and Congresswoman Boebert being held accountable for her actions," McGufficke said.

13 Investigates spoke with Josh Dunn, a political science professor at the University of Colorado, Colorado Springs. He said the American Muckrakers must prove that Rep. Boebert acted with "actual malice" when she defended the Super PAC's claims on national television.

"They would have to present evidence at trial to show that they had actually suffered this monetary harm and that, in fact, her claims were false and that they violated the standard of reckless disregard for the truth," Dunn said.

Dunn said these types of defamation lawsuits, where a person defending accusations hurled at them are then sued for doing so, don't "happen every week."

In the days after the controversial claims were published, Rep. Boebert claimed she would pursue legal actions against Wheeler and the American Muckrakers. Over a year later, that hasn't happened, and Dunn said it could be because the bar is extremely high for elected officials to win lawsuits of this nature.

"The fact that she didn't bring in any claims expeditiously indicates that she thought that maybe they actually had some reliable evidence against her and that's why she backed off," Dunn said. "The problem is that for public figures, it's almost never worth it to bring a lawsuit trying to defend yourself. It's just so difficult as a public figure to win a defamation case in court."

13 Investigates reached out to Rep. Boebert for comment on the lawsuit she now has to defend. We have not yet heard back. The Republican from Rifle now has 21 days after June 8 to file a responsive answer in federal court.