Special Counsel David Weiss — the prosecutor in Hunter Biden’s tax case — refuses to dismiss his tax evasion indictment despite his father, President Joe Biden, pardoning him. Weiss says the presidential pardon does not expunge the charges against Hunter.
RELATED: Hunter Biden Indicted On Tax Evasion Charges In California, Accused Of Buying Escorts & Failing To Pay At Least $1.4 Million From 2016 Through 2019
As we previously shared, on Sunday (December 1), President Joe Biden, who previously claimed he would not pardon his son, announced that he was ultimately going to grant a pardon to Hunter Biden — who was convicted earlier this year of felony gun charges in Delaware and entered a guilty plea for tax evasion in California. Hunter is the first child of a sitting U.S. president to be convicted of a crime.
In September 2023, Hunter Biden was indicted on federal gun charges in Delaware. He was hit with three counts tied to the possession of a gun while using narcotics: two counts of making false statements for saying on a federal form that he was not addicted to drugs at the time he purchased the firearm at the center of the case, and a third count of illegally obtaining the firearm while addicted to drugs.
In June 2024, Hunter Biden was found guilty on all three felony counts in his federal gun case and was due to be sentenced on December 12. Before President Joe Biden pardoned Hunter, he faced a potential of up to 25 years in prison for his gun case (10 years each for the first two counts and 5 years for the third).
RELATED: President Joe Biden And Donald Trump React To Hunter Biden’s Conviction In Federal Gun Trial
In addition to his federal gun case, Hunter Biden was indicted in December 2023 on tax evasion charges in California. He was accused of buying escorts and failing to pay at least $1.4 million from 2016 through 2019.
In the federal complaint, Hunter was hit with nine tax charges (three felonies and six misdemeanors), including evasion of assessment and filing a false or fraudulent tax return. Instead of paying his taxes, Biden is accused of spending his income on a slew of personal items including a Lamborghini rental, luxury hotels, and even escort services.
In September 2024, Hunter surprisingly pled guilty to all nine tax charges, and his sentencing was scheduled for December 16. Before President Joe Biden pardoned Hunter in his tax evasion case, he faced up to 17 years in federal prison and $1.35 million in fines.
RELATED: President Joe Biden Issues Pardon To Son Hunter Biden Before Leaving Office
Since President Joe Biden granted his son Hunter Biden a pardon in both his federal gun case and tax evasion case, several politicians and commentators have spoken out to criticize or applaud President Biden’s decision regarding his son. Also taking action after the pardon was Hunter Biden, who, on Sunday evening (December 1), filed to dismiss his charges and indictment in his California tax evasion case, citing the indictment was “politically motivated.”
Hunter’s attorney, Abbe Lowell, argued that the presidential pardon “requires an automatic dismissal of the Indictment.” However, less than 24 hours after President Joe Biden issued a pardon to his son Hunter, Special Counsel David Weiss’ office refused to dismiss his tax evasion indictment and warned judges not to dismiss the case, but to close the docket, meaning it would continue to exist. Weiss noted several judges took heed and had already rejected Hunter’s claims in his bid to dismiss.
Weiss’ office, in a California filing and separate filing in Delaware, also argued that courts typically “do not dismiss indictments when pardons are granted.” In the Delaware filing, Weiss’ office said, “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’ office added, “The Government does not challenge that the defendant has been the recipient of an act of mercy. 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 or selective prosecution. No court has agreed with the defendant on these baseless claims and his request to dismiss the indictment finds no support in the law.”
RELATED: Rep. Jasmine Crockett Gives Joe Biden Props For Pardoning Son Hunter Biden Despite Massive Backlash, Says ‘Way To Go Joe!’
David Weiss’ office also claimed that Hunter’s attorneys made “every conceivable argument” to dismiss his case, but failed to provide any evidence proving the prosecution was vindictive. The filing read, “The court, similarly, found his vindictive prosecution claims unmoored from any evidence or even a coherent theory as to vindictiveness. And there was none, and never has been, any evidence of vindictive or selective prosecution in this case. The defendant made similar baseless accusations in the United States District Court for the District of Delaware. Those claims were also rejected.”
Responding to Special Counsel David Weiss’ refusal to dismiss Hunter Biden’s indictment after a pardon from President Joe Biden, Attorney Lowell said the judge has the right, and the reason, to dismiss the indictment. Lowell said, “Mr. Biden has not been sentenced and no judgment has been entered in this case. Because no judgment has been or will be entered in this case, the appropriate resolution is to dismiss the Indictment while noting that is due to a pardon.”
Prosecutors also failed to dismiss Hunter Biden’s indictment on his felony gun charges in Delaware, arguing that “because there was no defect in the grand jury’s indictment, there is no reason to dismiss it here.” They added, “Defense counsel misrepresents the law. Nothing requires the dismissal of the indictment in this case.”
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