Last night Hunter Biden’s lawyers filed a motion to dismiss his California tax fraud case after Joe Biden issued a blanket pardon absolving him of all crimes committed over a 10 year period.
“The President’s pardon moots Mr. Biden’s pending and yet to occur sentencing and entry of judgment in this case and requires an automatic dismissal of the Indictment with prejudice,” wrote Hunter’s lawyer Abbe Lowell in the filing, adding that “this Court must dismiss the Indictment against Mr. Biden with prejudice and adjourn all future proceedings in this matter.”
Special Counsel David Weiss isn’t having it. In a Monday response in opposition, Weiss argued that “The defendant’s motion should be denied since there is no binding authority on this Court which requires dismissal.”
“As a matter of past-practice in this district, courts do not dismiss indictments when pardons are granted,” Weiss wrote – citing cases involving Steve Bannon, Michael Flynn, Joe Arpaio and Ollie North, Above the Law reports. “Instead, it has been the practice of this court that once an Executive Grant of Clemency has been filed on the docket, the docket is marked closed, the disposition entry is updated to reflect the executive grant of clemency, and no further action is taken by the Court.”
Although Weiss purported not to have seen the pardon itself (which Lowell inexplicably failed to docket), he took particular umbrage at the suggestion that the prosecution was politically motivated, huffing that “The court similarly found [Biden’s] vindictive prosecution claims unmoored from any evidence or even a coherent theory as to vindictiveness.”
Judge Mark Scarsi of the Central District of California has taken no action, thus far. But in Delaware, Judge Maryellen Noreika said in a minute order that she intends to terminate the proceedings, and instructing the government to say by tomorrow if it objects to termination by dismissal. Presumably it does, although no objection has hit the docket as of this writing. -Above the Law
Hunter pleaded guilty to the tax charges earlier this year, after a Delaware jury found him guilty of lying about his drug use on a background check form used to purchase a firearm.
In Weiss’ new filing, he writes:
“The defendant did not docket the pardon nor has the government seen it. 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. 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. 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.”
Tyler Durden
Mon, 12/02/2024 – 16:36
