Boebert defamation plaintiff announces settlement in lawsuit against Colorado congresswoman

U.S. Rep. Lauren Boebert answers questions after her victory speech during a watch party at The Grainhouse in Windsor on June 25, 2024. (Andrew Fraieli for Colorado Newsline)

David Wheeler, who sued U.S. Rep. Lauren Boebert for defamation, announced Wednesday that he arrived at a settlement agreement with the congresswoman from Colorado.

Wheeler did not reveal terms of the settlement. He told a Newsline reporter they were “confidential.”

Reached by phone, Boebert’s campaign manager did not immediately provide a comment.

Wheeler, a political activist from North Carolina, and the super PAC American Muckrakers, of which he is president, filed a lawsuit against Boebert a year ago in U.S. District Court of Colorado. Wheeler alleged that Boebert made “maliciously false statements” about Wheeler and American Muckrakers on multiple occasions in 2022, when Boebert was running for reelection and Wheeler, citing sources close to Boebert, published unflattering information about her.

Earlier this month a magistrate judge said the case could move forward on some of its claims. Magistrate Judge Kathryn A. Starnella said that Boebert potentially could be found liable for threatening to sue American Muckrakers donors. But Starnella found that Wheeler’s claim that Boebert defamed him was not likely to succeed.

As Wheeler published negative material about Boebert, she threatened to sue him and American Muckrakers’ donors. She never followed through on those threats, but Wheeler told the court that his organization saw a 92% drop in donations due to Boebert’s remarks.

“Defendant’s threats to sue Plaintiffs’ sponsors and donors are unprotected because they were neither made in good faith nor in serious contemplation of litigation,” Starnella wrote.

The court has yet to sign off on the proposed settlement. Dan Ernst, Wheeler’s attorney, said he expects the parties’ stipulated voluntary dismissal to be approved.

Boebert proposed the settlement in recent days, and Wheeler signed it Wednesday, Ernst said.

While he declined to discuss the settlement terms, Ernst indicated that they will permit Wheeler to continue to publish information about Boebert.

“Nothing in the settlement agreement prevents him from further reporting … on Boebert,” he said.

On Tuesday, Boebert won a primary race to be the GOP general election candidate in Colorado’s 4th Congressional District. She currently represents the 3rd Congressional District.

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