WASHINGTON – A federal judge on Monday denied Hunter Biden's latest bid to dismiss the tax charges against him, setting the stage for his trial to begin next month in California.
Citing a ruling in Florida that threw out a separate prosecution of former President Donald Trump, Hunter Biden's lawyers had urged the judge to dismiss the case accusing him of a four-year scheme to avoid paying at least $1.4 million in taxes.
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U.S. District Judge Aileen Cannon tossed Trump's classified documents case last month because she said special counsel Jack Smith, who filed those charges, was illegally appointed by the Justice Department. The Justice Department is appealing that ruling.
Hunter Biden’s lawyers had argued the same logic should apply in his case, which was brought by a different Justice Department special counsel.
But U.S. District Judge Mark Scarsi noted in his ruling that he had already rejected a previous challenge by Hunter Biden to the appointment of special counsel David Weiss. The judge said there is “no valid basis for reconsideration" of that decision.
Scarsi, who was appointed to the bench by Trump, had accused Hunter Biden's lawyers of making “false statements” in their court filing urging the judge to dismiss the case. At issue was a defense comment that no charges were brought in the investigation until after Weiss was named special counsel in August 2023.
The judge noted that Weiss had not yet been named special counsel when he charged Hunter Biden with misdemeanor tax offenses as part of a plea deal that fell apart last year. Scarsi ordered Hunter Biden’s lawyers to explain why they should not be sanctioned.
Hunter Biden's lawyers responded that they have “never tried to mislead” the court.
In his order Monday, the judge said he would not sanction defense lawyers after they amended their filing. But the judge wrote that the defense's "conduct warrants an admonition: candor is paramount.”
A hearing in the case is set for Wednesday, when the judge is expected to hear arguments over what evidence the prosecution and defense can present to jurors.
It’s the second criminal trial in just months against the president’s son, who was convicted in June of three felony charges in a separate federal case stemming from the purchase of a gun in 2018.