Federal Judge Denies Hunter Biden Motions to Dismiss Tax Charges in Stinging Rebuke

Federal Judge Denies Hunter Biden Motions to Dismiss Tax Charges in Stinging Rebuke

The defense omits one thing from its argument: Actual Evidence

By Jonathan Turley

Despite hours of argument by the counsel for Hunter Biden, U.S. District Court Judge Mark Scarsi denied his eight motions to dismiss tax charges with a stinging rebuke that the defense omits one thing from its argument: actual evidence.

Hunter Biden has been arguing that he is the victim of selective prosecution despite a documented history of receiving special treatment as the son of the President. However, he has proven a key witness against himself in swatting down defenses raised by his counsel and publishing self-incriminating facts in his book.

The filings also did not address the fact that the Justice Department not only allowed the statute of limitations to run on major crimes, but sought to finalize an obscene plea agreement with no jail time for Hunter. It only fell apart when a judge decided to ask a couple of cursory questions of the prosecutor, who admitted that he had never seen an agreement this generous for a defendant.

Special Counsel David Weiss noted in his filing that they filed new charges only after Hunter’s legal counsel refused to change the agreement and insisted that it remained fully enforceable.

One only has to look at the series of superseding indictments against Sen. Bob Menendez, D-N.J., to see how Hunter continues to receive special treatment.  Rather than the four original counts, Menendez now faces 18 counts with his wife, Nadine Arslanian Menendez, and alleged co-conspirators Wael Hana and Fred Daibes.

What is most notable is not the proliferation of counts but the lack of comparative charges in the pending case against Hunter Biden. Some of us have long raised concerns over the striking similarity in the alleged conduct in both cases, but the absence of similar charges against the president’s son.

Judge Scarsi made fast work of the Biden filings as entirely insufficient to dismiss these charges. Abby Lowell and the defense team seem to be doubling down on the same claims despite the uniform rejection by courts.

The judge noted:

“As the Court stated at the hearing, Defendant filed his motion without any evidence. The motion is remarkable in that it fails to include a single declaration, exhibit, or request for judicial notice. Instead, Defendant cites portions of various Internet news sources, social media posts, and legal blogs. These citations, however, are not evidence.”

Lowell disagreed with the court’s order and pledged “to vigorously pursue Mr. Biden’s challenges to the abnormal way the Special Counsel handled this investigation and charged the case.”

In truth, the “abnormal” treatment of Hunter was giving him advance notice of attempts to interview him and to search of Biden property. It was allowing the statute of limitations to run despite having an agreement on the table to keep potential felonies alive. It was trying to secure a plea agreement that even the prosecutor admitted in court was like nothing he had ever seen in his career.

The court even makes reference to Schrödinger’s cat, a paradox suggested by physicist Erwin Schrödinger in 1935 that a cat in a thought experiment could be viewed simultaneously as both alive and dead:

“The Court understands that its decision rests on an interpretation of the agreement neither party advocated—that the Diversion Agreement is a binding contract but performance of its terms is not yet required. The Court, therefore, invites the parties to stipulate to further pretrial motion practice to the extent there are additional disputes that arise from the Court’s Schrödinger’s cat-esque construction of Defendant’s immunity under the Diversion Agreement.”

The court also rejected the repeated unsuccessful claim by Hunter that the plea agreement is enforceable. The court found that the agreement fell apart before preconditions were met. It is null and void.

“Having found that the Diversion Agreement is a contract that binds the parties but that the parties made the Probation Officer’s signature a condition precedent to its performance, the Court turns to Defendant’s theory of immunity: that the United States’ obligation to refrain from prosecuting Defendant under section II(15) of the Diversion Agreement is currently in force. It is not. The immunity provision is not one exempted from the term of the contract under the survival clause.”

Scarsi has scheduled a status conference for May 29.

Here is the opinion: Hunter Biden Ruling

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(TLB) published  this article from Jonathan Turley with our appreciation for this perspective

jonathan turley profile

Jonathan Turley is the Shapiro Professor of Public Interest Law at George Washington University. Follow him on Twitter @JonathanTurley.

Header featured image (edited) credit: Hunter Biden/J. Scott Applewhite/AP

Emphasis added by (TLB)

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