Judge rejects Hunter Biden’s Trump-like request to dismiss his tax evasion charges
LOS ANGELES, CALIFORNIA: A federal judge has rejected Hunter Biden's attempt to dismiss his tax evasion charges by invoking a legal strategy used in Donald Trump's recent case.
The son of President Joe Biden is likely set for trial next month in California over allegations that he failed to pay $1.4 million in taxes between 2016 and 2019.
Judge Mark Scarsi rejects Hunter Biden's dismissal motion
Hunter Biden's legal team had sought to dismiss his tax evasion case by drawing parallels to a recent decision by a federal judge in Florida who dismissed the classified documents case against Donald Trump, arguing that the appointment of special counsel Jack Smith was unconstitutional.
Similar to Trump's legal strategy, Hunter's defense argued that the appointment of David Weiss, the special counsel who brought charges against him, was also unconstitutional.
However, in a seven-page ruling on Monday, August 19, California-based District Judge Mark Scarsi of the US District Court of Central California did not address the merits of Hunter's argument.
Instead, the judge rejected the motion for being untimely and for attempting to relitigate a decision that had already quashed a previous attempt by Hunter to have the case dismissed.
Judge Mark Scarsi's reason for rejecting Hunter Biden's request to dismiss tax charges
Judge Mark Scarsi wrote that he had already considered the legality of special counsel David Weiss’ role, determining that Weiss was properly appointed.
He stated that Judge Aileen Cannon's ruling in Trump’s case did not provide a valid reason to reconsider the decision.
"Mr Biden plainly seeks reconsideration of issues already decided upon his February motion," Scarsi said in the ruling, according to The Hill.
"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 for Appropriations and Appointments Clause violations," he added.
In addition to rejecting the dismissal motion, Judge Scarsi also declined to sanction Hunter's legal team.
The defense had come under scrutiny for its representation of facts in the case when asking for the dismissal. In a follow-up brief, Hunter’s lawyers admitted to "inartfully" referring to the circumstances under which the charges were brought against their client.
Hunter Biden's tax trial set to begin next month
Hunter Biden’s tax trial is scheduled to commence next month, marking the latest development in a case that has drawn significant public and legal attention.
Previously, in June, the first son was found guilty of three gun-related charges and is currently awaiting sentencing for those offenses. He which faces up to 25 years in prison.
The California case will also follow the House GOP’s most recent assault on the Biden family.
On Monday, reports surfaced about an almost 300-page congressional dossier detailing Hunter’s alleged involvement in a supposed “conspiracy.” The document reportedly outlines “impeachable conduct” on the part of his father, President Biden.
However, the uproar is unlikely to lead to significant action given the limited time the president has left in office, the Daily Beast noted.
