Hunter Biden Faces Uphill Battle: Judge’s Ruling and Unexpected Precedent

A federal judge has denied Hunter Biden’s motion to dismiss federal tax charges, setting the stage for a pivotal trial.

At a Glance

Federal Judge Mark Scarsi rejected eight motions filed by Hunter Biden to dismiss criminal tax charges.
The trial is set to begin on June 20.
Hunter Biden faces nine felony and misdemeanor charges for failing to pay $1.4 million in taxes.
Biden’s legal team may consider an appeal.

Scarsi Rejects Motions to Dismiss

Federal Judge Mark Scarsi has denied Hunter Biden’s request to dismiss criminal tax charges against him. Despite multiple motions referencing legal precedents involving former President Donald Trump, the judge determined that the contexts of the two cases were not similar enough to warrant dismissal. Judge Scarsi explicitly highlighted that Hunter Biden’s claims of “selective and vindictive prosecution” lacked sufficient evidence to be upheld.

“A judge on Monday denied a bid by U.S. President Joe Biden’s son, Hunter, to dismiss a federal tax evasion case brought against him in California.”

Hunter Biden’s legal team argued that congressional testimony from two IRS agents who had been removed from the investigation should be considered. This point was also rejected by the judge, further ensuring that the federal tax charges against Biden would proceed through the legal process. Prosecutors have accused Hunter Biden of willfully failing to pay taxes, file tax returns on time, tax evasion, and filing fraudulent tax forms.

A federal judge has rejected a fresh attempt by Hunter Biden to dismiss his indictment on federal tax charges. https://t.co/S8VHme46Xr

— NBC News (@NBCNews) August 20, 2024

Upcoming Trial and Additional Charges

The trial is scheduled to begin on June 20, maintaining its initial timeline. Biden faces nine felony and misdemeanor charges for reportedly failing to pay $1.4 million in taxes. In addition to these tax charges, Hunter Biden also faces criminal charges in Delaware related to an alleged gun purchase. Special Counsel David Weiss, lawfully appointed according to the judge’s ruling, remains steadfast in his position, rejecting Hunter Biden’s arguments as unfounded conspiracy theories.

On Monday, Scarsi wrote that he would not sanction Hunter Biden, in part because of a recent shakeup of his legal team, but issued a warning, saying, “Counsel’s conduct warrants an admonition: candor is paramount.”

Biden’s defense team also had a plea deal with the prosecution, which fell apart after another judge questioned its scope and enforcement. This failed plea agreement added to the list of complexities surrounding the case, indicating that this legal battle is far from over.

Future Actions and Potential Appeal

Biden’s lead lawyer suggested they may appeal Scarsi’s rulings, indicating the legal team is not ready to back down. Meanwhile, claims about a binding plea agreement were dismissed due to lack of proper approval. Additionally, the judge denied arguments regarding timeliness, specificity, and venue raised by Biden’s legal team, ensuring that the case would move forward.

“As he concedes in his notice of the motion, Mr. Biden plainly seeks reconsideration of issues already decided upon his February motion,” Scarsi wrote, concluding that “there is no valid basis for reconsideration of the court’s [prior] order denying Mr. Biden’s motion to dismiss the indictment.”

Prosecutors maintain that back taxes and penalties have been paid in full by a third party identified as Kevin Morris. Nonetheless, the maximum potential penalty for Biden could be 17 years in prison if convicted on all charges.