A United States appeals court in California indicated on Thursday, Aug. 20, that it is likely to affirm the dismissal of Jay-Z’s extortion and defamation lawsuit against attorney Tony Buzbee.
One judge on the three-member panel called the rapper’s key evidence “highly suspicious” during oral arguments in Los Angeles.
Jay-Z, whose legal name is Shawn Carter, sued Buzbee after the attorney filed a short-lived 2024 lawsuit accusing the artist of raping a 13-year-old girl alongside Sean “Diddy” Combs decades earlier. Jay-Z denied the allegation and filed separate actions against Buzbee in two different forums, claiming the attorney fabricated the claims for money and publicity.
Appeal centred on recorded interview
The California case relied heavily on a recorded interview between private investigators and the anonymous accuser, identified as Jane Doe, in which she allegedly said the claims were false and that Buzbee pressured her to lie. Judge Mark H. Epstein ruled last July that the recording was inadmissible hearsay and dismissed the case for insufficient evidence. Jay-Z appealed that decision.
Judge Stephen Goorvitch questioned the recording’s origin, noting it was unclear who hired the investigators. Jay-Z’s attorneys said they did not.
“My concern is a plaintiff’s lawyer shows up in court and says, ‘Magically this interview has been dropped in my lap, I had nothing to do with it,’” Judge Goorvitch said. “We have no information about where this came from. It looks highly suspicious that somehow, somebody talked to Mr. Buzbee’s client directly.”
Judge Anne Richardson said the recording was “not a reliable statement,” because Doe appeared to give yes-or-no answers to leading questions. Buzbee’s lawyer, Samuel Moniz, argued that investigators threatened to reveal Doe’s identity unless she cooperated.
“To say these circumstances are inherently intimidating is an understatement,” Moniz said. “If you listen to the recording, her voice is trembling. She’s frightened. She’s totally caught off guard.”
Discovery request and separate federal case
Jay-Z’s attorney, Jeremy Rosen, asked the panel to revive the case and allow evidence discovery, including document exchanges and witness testimony, before deciding whether Buzbee pressured Doe to fabricate rape claims.
“At trial, [Jane Doe] will either testify consistently with this investigation or she won’t, and the jury will then get to decide if she’s credible and what the ultimate facts are,” Rosen said. “Due process demands at least the opportunity to have limited discovery.”
The appellate court took the matter under consideration for a written ruling.
Jay-Z is also pursuing a separate malicious prosecution suit against Buzbee and Doe in federal court. That case was recently transferred from Alabama to New York, and Buzbee is scheduled to file a key motion to dismiss next month.
