Special Counsel Objects To Dismissing Hunter Biden Tax Case After Pardon
Special Counsel David Weiss pushed back against claims by President Joe Biden and Democrats that Hunter Biden was selectively prosecuted. In recent court filings, Weiss also opposed the dismissal of charges against the president’s son following his broad pardon.
On Sunday evening, President Biden granted Hunter Biden a “full and unconditional pardon,” despite months of assurances from him and his administration that no such action would be taken for Hunter’s federal gun and tax convictions.
Announcing the pardon, President Biden stated that “raw politics … infected” his son’s legal proceedings, according to The Hill.
“There was none and never has been any evidence of vindictive or selective prosecution in this case,” Weiss countered in court documents.
Weiss’s remarks come after Hunter Biden formally informed a California federal court of the pardon and requested the dismissal of his tax case. Similarly, Hunter had previously sought to end proceedings in Delaware related to his federal firearms charges from this summer.
The special counsel argued that instead of dismissing the charges outright, the court should recognize the pardon as the resolution of the matter, which would close all legal proceedings. While largely procedural, Weiss emphasized that the pardon neither absolves Hunter Biden of responsibility nor undermines the legitimacy of the charges against him.
“If media reports are accurate, the Government does not challenge that the defendant has received 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,” Weiss explained.
He further argued, “The defendant’s false allegation that the charges were motivated by an improper motive does not justify the dismissal of his charges. Neither the law nor the district’s practice supports the defendant’s request to have the indictment dismissed, and no court has agreed with him on these irrational claims.”
In California, U.S. District Judge Mark Scarsi, overseeing Hunter Biden’s tax case, has yet to rule on whether to dismiss the charges. Similarly, U.S. District Judge Maryellen Noreika in Delaware, who is handling Hunter Biden’s gun case, indicated plans to drop the case upon formal acknowledgment of the pardon but requested Weiss’s input on whether his office objects. Weiss later filed an identical objection in Delaware, urging against dismissal.
Hunter Biden is facing sentencing in both cases later this month.
Following the pardon announcement, White House Press Secretary Karine Jean-Pierre addressed the media’s questions during Monday’s briefing.
A reporter asked if the administration’s prior statements denying the possibility of a pardon could now be perceived as misleading.
“You have said repeatedly, yourself, since the election, and the president has said for months, no pardon was coming. I just — you know, I wanted to ask you, could those statements not be seen as lies from the American people? Is there really a credibility issue you’re giving now this announcement?” the reporter inquired.
Jean-Pierre responded defensively, asserting, “No, no. First of all, one of the things that the president always believes is to be truthful to the American people. That is something that he always truly believes.”
She urged Americans to read the president’s statement, emphasizing that it outlined his thought process. “He lays out how he came to this decision. He came to this decision this weekend. So let’s be very clear about that. He says it himself. It’s in his voice. He said he came to this decision this weekend,” she added.
Jean-Pierre claimed the president wrestled with the decision, balancing his belief in the justice system with concerns about how political influence allegedly tainted the legal process, resulting in what she described as a “miscarriage of justice.”