Biden’s Own Justice Dept. Rejects Hunter’s Pardon In New Filing With Court

In a surprising legal twist, special counsel David Weiss has filed a motion urging the California federal court handling Hunter Biden's tax case not to dismiss the charges, despite President Joe Biden’s recent pardon of his son. The pardon, announced on Sunday, spans from January 1, 2014, to December 1, 2024, and covers Hunter Biden’s convictions for lying on a federal form about his drug use when purchasing a handgun and failing to pay over $1.4 million in taxes between 2016 and 2019.

Hunter Biden had faced a potential 17-year prison sentence for the tax-related offenses. In a statement accompanying the pardon, he asserted, “The charges in his cases came about only after several of my political opponents in Congress instigated them to attack me and oppose my election.”

However, Weiss contested these claims in a Monday court filing, stating, “There was none and never has been any evidence of vindictive or selective prosecution in this case.” He added that Hunter Biden had made similar accusations in Delaware, which were also dismissed.

“In total, eleven different [federal] judges appointed by six different presidents, including his father, considered and rejected the defendant’s claims, including his claims for selective and vindictive prosecution,” Weiss noted.

Weiss proposed that instead of outright dismissal, the court should close the case docket with a notation acknowledging the presidential pardon. This would preserve the record of the charges for historical and legal purposes.

“[I]t has been the practice of this court that once an Executive Grant of Clemency has been filed on the docket, the docket is marked closed, the disposition entry is updated to reflect the executive grant of clemency, and no further action is taken by the Court,” Weiss explained. He also pointed out that Hunter Biden has yet to formally file the pardon with the court.

Weiss emphasized, “If media reports are accurate, the Government does not challenge that the defendant has been the recipient of an act of mercy. But that does not mean the grand jury’s decision to charge him, based on a finding of probable cause, should be wiped away as if it never occurred. It also does not mean that his charges should be wiped away because the defendant falsely claimed that the charges were the result of some improper motive.”

Mark Osler, a presidential pardon expert from the University of St. Thomas, commented on the filing’s significance, calling it a “technical issue” but an important one. “Prosecutors want the indictment to remain on the record,” Osler explained in an interview with ABC News.

Meanwhile, The Hill reported that U.S. District Judge Mark Scarsi, who oversees Hunter Biden’s tax case in California, has not yet ruled on the motion. Additionally, U.S. District Judge Maryellen Noreika in Delaware, who is handling Hunter Biden’s gun case, has indicated she intends to terminate those proceedings once the pardon is officially filed, but she has asked Weiss to clarify whether his office objects to dismissal in that matter as well.