Hunter Biden’s legal strategy hit a roadblock as a judge denied his attempt to dismiss federal tax charges using a precedent from former President Donald Trump’s case.
At a Glance
- A federal judge rejected Hunter Biden’s attempt to dismiss his indictment on federal tax charges.
- Judge Mark Scarsi asserted there was no valid basis for reconsideration of the previous dismissal denial.
- Biden’s attorneys cited a Supreme Court opinion and a federal judge’s decision in a Trump case to challenge Special Counsel David Weiss’ authority.
- Charges against Biden were filed before Weiss was appointed as Special Counsel.
- The trial is set to start in September.
Judge Denies Biden’s Motion to Dismiss Tax Charges
Hunter Biden faced another legal setback when U.S. District Judge Mark Scarsi denied his motion to dismiss federal tax charges, despite Biden’s attorneys drawing parallels with a case involving former President Donald Trump. The judge concluded that the two cases lacked significant similarities to justify dismissing Biden’s charges. This decision means the proceedings against Hunter Biden will move forward as planned.
Judge Scarsi dismissed Biden’s argument that the Special Counsel, David Weiss, lacked eligibility and proper congressional approval for the probe’s funding. This marks the second time Biden’s efforts to dismiss the charges have been denied. Scarsi reiterated that Biden had no valid grounds for the court to reconsider its previous denial order.
Legal Arguments and Judge’s Ruling
Biden’s defense also invoked opinions from Supreme Court Justice Clarence Thomas and a federal judge’s decision in Trump’s case, aiming to question Weiss’ authority. Judge Scarsi, however, clarified that these opinions and orders were not binding precedents. The judge further criticized Biden’s filing as “untimely” and pointed out that it relied more on internet news sources and social media posts rather than concrete evidence.
“The Court declines to reach the merits of the motion because there is no valid basis for reconsideration of the Court’s order denying Mr. Biden’s motion to dismiss the indictment,” said Judge Scarsi.
The judge noted that tax-related accusations against Biden came before Weiss’s appointment as Special Counsel by Attorney General Merrick Garland. Scarsi also accused Biden’s lawyers of making “false statements” but chose not to sanction them after they amended their filing, while emphasizing the importance of honesty in legal proceedings.
Judge rejects Hunter Biden's bid to use Trump ruling to get his federal tax case dismissed https://t.co/iIymKYvgpX
— The Washington Times (@WashTimes) August 20, 2024
Broader Legal Context
This ruling is amid multiple legal challenges for Hunter Biden. He pleads not guilty to federal gun charges and federal tax charges. His latest motion’s rejection confirms that arguments about “outrageous government conduct” or claims of politically motivated prosecutions fail without solid evidence. Judge Scarsi criticized the motion, noting it lacked essential legal declarations and relied heavily on media sources.
“The motion is remarkable in that it fails to include a single declaration, exhibit, or request for judicial notice,” Scarsi wrote. “Instead, Defendant cites portions of various Internet news sources, social media posts, and legal blogs. These citations, however, are not evidence.”
With the trial set for September, all eyes will be on how this high-profile case unfolds. The judge provided a clear message rejecting Hunter Biden’s attempts to dismiss his charges based on the Trump case precedent. Whether the defense brings forth any new tactics remains to be seen, but for now, they suffer another significant blow in court.
Sources
- Judge again rejects Hunter Biden’s attempt to dismiss tax indictment over role of special counsel
- Judge knocks down Hunter Biden’s bid to use Trump ruling to get his federal tax case dismissed
- Hunter Biden loses attempt to dismiss tax charges
- Judge denies Hunter Biden’s request to dismiss tax charges
- Court Refuses to Dismiss Hunter Biden Indictment for Tax Crimes
- Judge Shuts Down Hunter Biden’s Motions to Dismiss Federal Tax Charges
- Hunter Biden seeks dismissal of tax, gun cases, citing decision to toss Trump’s classified docs case