Hunter Biden loses attempt to dismiss tax charges

A federal judge in California ruled against Hunter Biden’s attempt to toss out his tax charges on Monday, letting the criminal case against the president’s son move forward.

The younger Biden faces three felony charges and six misdemeanor charges in connection to tax evasion, filing a false return and failing to pay taxes between 2016 and 2019. His attorneys argued last month that the case was politically motivated and tainted by two IRS agents who later became whistleblowers.

He filed eight separate motions to dismiss the charges, citing different legal rationale for each, all of which were denied.

Judge Mark Scarsi determined that the case was not political, shutting down Biden’s main argument by noting that Biden’s attorneys did not provide evidence for the claim.

“The motion is remarkable in that it fails to include a single declaration, exhibit, or request for judicial notice,” he wrote. “Instead, Defendant cites portions of various Internet news sources, social media posts, and legal blogs. These citations, however, are not evidence.”

Scarsi added that the sources, mostly media reports about the case, “contain multiple levels of hearsay.”

The judge similarly threw out Biden’s claim of selective and vindictive prosecution.

“Defendant fails to present a reasonable inference, let alone clear evidence, of discriminatory effect and discriminatory purpose,” Scarsi wrote. “Accordingly, the selective prosecution claim fails.”

Biden’s attorneys also said the case should be thrown out over “outrageous government conduct,” citing that two former IRS agents later served as witnesses in a House GOP investigation into Biden. 

Scarsi didn’t entertain the idea, however, noting that there is no precedent for throwing out any case over “outrageous government conduct,” and that Biden’s allegations do not align with the high standard for dismissal.

The California tax case is one of two cases Biden faces as a result of special counsel David Weiss’s investigation into him; the president’s son is also facing three gun-related charges in Delaware, which he pleaded not guilty to. His not guilty plea came after a plea deal between him and prosecutors fell apart last year.