Hunter Biden’s most recent attempt to dismiss the tax charges against him was reportedly denied by a federal magistrate on Monday, thereby establishing the groundwork for his trial in California, which is scheduled to commence next month.
Hunter Biden’s attorneys had advised the judge to dismiss the case against him, which alleged that he had engaged in a four-year conspiracy to evade at least $1.4 million in taxes, by referencing a Florida ruling that dismissed a separate prosecution of former President Donald Trump.
Last month, U.S. District Judge Aileen Cannon dismissed Trump’s classified documents case on the grounds that special counsel Jack Smith, who initiated the allegations, was unlawfully appointed by the Justice Department.
That ruling is currently under appeal by the Justice Department.
Hunter Biden’s attorneys had contended that the same reasoning should be applied to his case, which was initiated by a distinct special counsel at the Justice Department.
However, a prior challenge by Hunter Biden to the appointment of special counsel David Weiss was previously rejected by U.S. District Judge Mark Scarsi, as noted in his ruling.
The judge stated that there is “no valid basis for reconsideration” of that decision.
Scarsi, who was appointed to the bench by Trump, had accused Hunter Biden’s attorneys of making “false statements” in their court filing, which petitioned the judge to dismiss the case.
The defense comment that no charges were presented in the investigation until after Weiss was appointed special counsel in August 2023 was the subject of the dispute.
The judge observed that Weiss had not yet been appointed special counsel when he charged Hunter Biden with misdemeanor tax offenses as part of a plea agreement that failed last year.
Scarsi directed Hunter Biden’s attorneys to provide an explanation for why they should not be sanctioned.
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