James Myers of OAN
8:31 AM – Tuesday, April 2, 2024
A federal judge in California on Monday denied Hunter Biden’s request to dismiss all eight felony tax charges against him.
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In an 82-page order, District Judge Mark Scalsi rejected all eight motions filed by Biden’s lawyers. The motion was based on a variety of legal arguments calling for the charges to be dropped, or at least for a specific cause of action.
Hunter’s attorney, Abby Rowell, argued that the charges should be dismissed because of “outrageous government conduct” by IRS whistleblowers Gary Shapley and Joseph Ziegler.
The judge’s latest ruling comes after Hunter was indicted on three tax-related felonies and six misdemeanors last year. He pleaded not guilty.
“Defendants have failed to present any reasonable inference of discriminatory effect or discriminatory purpose, let alone clear evidence,” Scalsi wrote in his 82-page ruling. “Thus, the selective prosecution claim fails.”
“Defendant offers only speculation about the hostility that motivated the prosecutor’s decisions in this case,” the judge added. “The circumstantial evidence he presents regarding hostility is thin.”
Lowell argued that prosecutors had been influenced by “Republicans in Congress and whistleblowers at the Internal Revenue Service,” but the judge ruled that the defense had not “informed the government in any way because of a politician’s public statements.” “No facts have been shown to show that the decision to prosecute was made.” Regarding the defendant’s family and political affiliations. ”
The judge cited public statements by House Oversight Committee Chairman James Comer (R-Ky.) and House Ways and Means Committee Chairman Jason, stating that “Politicians have no power and no influence.” I take credit for a lot of things I don’t give.” Smith (R-Missouri).
“Just because someone says they influenced a prosecutor’s decision doesn’t mean they did,” he added. “Politicians’ public statements do not constitute evidence that precludes the “presumption of regularity” that accompanies prosecutorial decisions.”
Lowell also argued in the motion that Special Counsel David Weiss was “unlawfully appointed” by Attorney General Merrick Garland.
But Scalci said the president’s son’s defense has not presented a “compelling reason” why that is inappropriate and that Weiss’ position is “not legitimately funded.” “There is,” he said.
Additionally, the judge found that Hunter Biden’s attorneys showed that “there are no facts to suggest that the information publicly shared by Shapley and Ziegler prejudicially influenced the grand jury’s decision to return the indictment.” .
“The mere fact that Mr. Shapley and Mr. Ziegler’s public statements brought notoriety to the defendant’s case is not sufficient to show prejudice,” Scalsi ruled, adding in a footnote that Hunter Biden himself “He brought his actions into infamy through the publication of the book,” he added.
Meanwhile, the president’s son is accused of spending millions of dollars on drugs, prostitutes and luxury cars from 2016 to 2019 and evading $1.4 million in taxes during a period of hardcore partying. He has pleaded not guilty to all nine charges, including felonies.
The trial is scheduled to begin in June and could result in a maximum sentence of 17 years in prison.
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