Particular counsel David Weiss rejected ideas that he selectively prosecuted Hunter Biden in court docket filings the place he additionally objected to dismissing expenses following a sweeping pardon.
President Biden granted his son a “full and unconditional pardon” Sunday night, making a stark about-face on earlier vows to let his son’s convictions on federal gun and tax crimes stand. In saying the pardon, President Biden in an announcement claimed “raw politics … infected” his son’s case.
“There was none and never has been any evidence of vindictive or selective prosecution in this case,” Weiss wrote in court docket filings.
Weiss’s remarks are available response to Hunter Biden’s notification to a federal court docket in California of his pardon, the place the youthful Biden is searching for the dismissal of his tax case there. Hunter Biden made an analogous request in Delaware, the place he was convicted on federal gun expenses over the summer time.
Within the submitting, the particular counsel argued the fees shouldn’t be robotically dismissed with prejudice; as an alternative, the court docket ought to finish all proceedings and shut the case by merely reflecting a pardon as the ultimate disposition. The distinction seems largely procedural.
However in furthering the federal government’s argument, Weiss contended that the pardon doesn’t absolve Hunter Biden of his guilt nor level to any defect in his indictment. He additionally famous the federal government has but to see the official pardon.
“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,” Weiss wrote.
“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,” he continued. “No court has agreed with the defendant on these baseless claims, and his request to dismiss the indictment finds no support in the law or the practice of this district.”
U.S. District Choose Mark Scarsi, who’s overseeing Hunter Biden’s tax case in California, has not but dominated on dismissal.
U.S. District Choose Maryellen Noreika, the federal choose in Delaware overseeing Hunter Biden’s gun case, mentioned she intends to terminate the proceedings in opposition to him as soon as the pardon is docketed however requested Weiss to tell her whether or not his workplace objects to dismissal in that case, too.
Quickly after, Weiss filed an analogous submitting within the Delaware case opposing dismissal of the indictment.
Hunter Biden was set to be sentenced within the two circumstances later this month.
Up to date 3:58 p.m. ET
