A federal judge in California has denied Hunter Biden’s motion to dismiss his federal tax case after Biden sought to use recent legal developments involving former President Donald Trump as part of his defense.
U.S. District Judge Mark C. Scarsi issued the ruling on August 19, after considering the arguments presented by Biden’s legal team in the case where Biden is accused of a four-year scheme to avoid paying at least $1.4 million in taxes.
Biden’s attorneys, Mark J. Geragos and Abbe David Lowell, sought to have the indictment against him dismissed, arguing that the prosecution, led by Special Counsel David Weiss, was unconstitutional.
Geragos and Lowell cited a recent ruling by U.S. District Judge Aileen Cannon in Florida, which dismissed charges against Trump on the grounds that Special Counsel Jack Smith was illegally appointed by the Department of Justice.
In an amended motion to dismiss filed on July 28, Biden’s legal team argued that Congress did not explicitly grant authority to appoint a Special Counsel, rendering Weiss’s appointment unconstitutional.
They claimed that Weiss, originally appointed as the U.S. Attorney for Delaware, did not bring charges against Biden until after he obtained the Special Counsel title in August 2023, which expanded his prosecutorial powers.
Judge Scarsi ruled that the motion was untimely and struck it without addressing its merits, noting that the issues raised had already been considered in previous proceedings.
He emphasized that the new legal developments cited by Biden’s defense, including a concurring opinion by Justice Clarence Thomas and the ruling by Judge Cannon, did not provide sufficient grounds for reconsideration.
The judge also addressed the defense’s claim of jurisdictional implications, reaffirming that such claims must be timely and do not warrant an exception to procedural rules.
Earlier, Judge Scarsi accused Biden’s lawyers of making “false statements” in court filings, specifically regarding the timing of charges brought against Biden.
The judge noted that Weiss had charged Biden with misdemeanor tax offenses before he was appointed Special Counsel. Although the judge decided against sanctioning the defense lawyers after they amended their filing, he said their “conduct warrants an admonition: candor is paramount.”
“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,” Judge Scarsi wrote.
A hearing in the case is set for Wednesday, when the judge is expected to hear arguments over what evidence the prosecution and defense can present to jurors.
The federal tax case marks the second criminal trial in just months against the president’s son, who was convicted in June of three felony charges in a separate federal case stemming from the purchase of a gun in 2018.
Biden has pleaded not guilty to all charges. The trial is scheduled to begin in September.
The Associated Press contributed to this report.
