Hunter Biden’s attorney blasts ‘abnormal’ prosecution after losing bid to toss tax charges
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Back to ReadingPublished April 2, 2024, 4:55 p.m. ET
Hunter Biden’s lawyer came out swinging at special counsel David Weiss after suffering a significant setback in court Monday when he lost his bid to toss out the tax charges against the first son.
Attorney Abbe Lowell argued that the tax charges against Hunter, 54, were “selective and vindictive,” but was slapped down by US District Judge Mark Scarsi, who concluded Lowell offered “only conjecture about animus motivating the prosecutorial decisions.”
But Lowell pushed back in a statement that promised to battle against Weiss’ charges.
“We strongly disagree with the Court’s decision and will continue to vigorously pursue Mr. Biden’s challenges to the abnormal way the Special Counsel handled this investigation and charged this case,” the attorney said.
Weiss, a President Donald Trump appointee who was elevated to the special counsel role last August after a plea deal with the scandal-plagued first son imploded, charged Hunter for an alleged four-year tax scheme.
Scarsi, a Trump appointee who serves in the Central District of California, panned Lowell’s scathing flurry of motions to dismiss the tax charges against Hunter and even flagged a few factual errors in some of his briefs.
“Politicians take credit for many things over which they have no power and have made no impact,” Scarsi wrote. “Just because someone says they influenced a prosecutorial decision does not mean that they did.”
Charges against Hunter Biden
COUNT 1: False Statement in Purchase of a Firearm
Faces a maximum of 10 years’ imprisonment, a fine of $250,000, three years of supervised release, a special assessment of $100.
COUNT 2: False Statement Related to Information Required to be Kept by Federal Firearms Licensed Dealer
Faces a maximum of five years’ imprisonment, a fine of $250,000, three years of supervised release, a special assessment of $100.
COURT 3: Possession of a Firearm by a Person who is an Unlawful User of or Addicted to a Controlled Substance
Faces a maximum of 10 years’ imprisonment, a fine of $250,000, three years of supervised release, a special assessment of $100.
Weiss’ team had fought back against Lowell’s accusions in court.
“The defendant concocts a conspiracy theory that the prosecution has ‘upped the ante’ to appease politicians who have absolutely nothing to do with the prosecution and are not even members of the current Executive Branch,” prosecutors wrote last month.
Prosecutors alleged that Hunter failed to pay his federal income taxes from January 2017 to October 2020 and fabricated records. In total, he owed $1.4 million to Uncle Sam, but has since paid that down.
Tax charges against him include six misdemeanors and three felonies.
Lowell cried foul at the tax charges, which Weiss filed last year, contending that the plea deal covering those alleged violations was tanked by outside pressure from “extremist Republicans and right-wing press outlets.”
During a dramatic July courtroom hearing, US District Judge Maryellen Noreika ripped into the deal and exposed daylight between the prosecutors and defense over whether he would enjoy blanket immunity, among other problems.
Lowell has argued that the prior agreement is still binding.
Hunter has pleaded not guilty to all nine tax charges as well as the three charges related to illegal possession of a firearm while addicted to illicit drugs.
Seperately, the first son’s attorney is attempting to get the firearm charges against the first son out of Delaware tossed as well.
Hunter’s trial in California over the alleged tax crimes is slated to commence jury selection on June 20. Meanwhile, his trial in Delaware over the gun charges is tenatively set for June 3.