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Judge on Hunter Biden Tax Case Slams President over Pardon, Says Selective-Prosecution Claim ‘Rewrites History’

Posted on Wednesday, December 4, 2024
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The federal judge who presided over Hunter Biden’s criminal tax case scolded Joe Biden for claiming his son was the victim of selective prosecution when announcing his pardon for Hunter’s tax and gun crimes.

Judge Mark Scarsi issued an order Tuesday night acknowledging Hunter Biden’s pardon and strongly rebuked Biden’s assertion that his son was the victim of selective prosecution.

“The President’s statement illustrates the reasons for the Court’s disapproval, as representations contained therein stand in tension with the case record. For example, the President asserts that Mr. Biden ‘was treated differently’ from others ‘who were late paying their taxes because of serious addictions,’ implying that Mr. Biden was among those individuals who untimely paid taxes due to addiction,” Scarsi said.

The judge pointed out that Hunter Biden said in court filings he was addicted to drugs and alcohol through May 2019, and in his guilty plea on tax-evasion charges admitted to dodging tax payments after becoming sober.

Hunter Biden pleaded guilty in September to nine federal tax charges for being unable to pay over $1.4 million of taxes in a timely manner last decade, despite making over $7 million and receiving considerable financial support from entertainment lawyer Kevin Morris. The younger Biden also faced charges for filing false tax forms and failing to file tax forms, in part because he fraudulently deducted personal expenses as business expenses.

“And Mr. Biden admitted that he ‘had sufficient funds available to him to pay some or all of his outstanding taxes when they were due,’ but that he did not make payments toward his tax liabilities even ‘well after he had regained his sobriety,’ instead electing to ‘spen[d] large sums to maintain his lifestyle’ in 2020,” Scarsi observed.

Hunter Biden’s lavish lifestyle was characterized by an addiction to crack cocaine, affairs with multiple women, and non-stop partying in the Los Angeles area and elsewhere. He largely financed that lifestyle through overseas business dealings involving entities from Ukraine, China, Romania, and other countries during and after his father’s vice presidency. Hunter Biden and his business associates received $27 million from foreign sources over a five-year period last decade, House Republicans determined during the impeachment inquiry into Joe Biden.

In a statement Sunday night, Joe Biden argued that his son was the subject of selective prosecution by the Justice Department because of political pressure. Scarsi and Delaware federal judge Maryellen Noreika, who oversaw Hunter Biden’s gun conviction in June, both dismissed those arguments in pretrial motions.

“But two federal judges expressly rejected Mr. Biden’s arguments that the Government prosecuted Mr. Biden because of his familial relation to the President,” Scarsi noted.

“And the President’s own Attorney General and Department of Justice personnel oversaw the investigation leading to the charges. In the President’s estimation, this legion of federal civil servants, the undersigned included, are unreasonable people,” he continued.

“The Constitution provides the President with broad authority to grant reprieves and pardons for offenses against the United States,” he added, “but nowhere does the Constitution give the President the authority to rewrite history.”

Scarsi also took time to admonish Hunter Biden for transmitting the pardon improperly by transmitting a White House press release instead of having an executive agency formally send it over. Once Scarsi receives the official pardon, he will terminate Biden’s upcoming sentencing hearing for the tax charges and dismiss the case in accordance with the pardon.

Joe Biden pardoned his son for all crimes he “may have committed” from January 1, 2014 to December 1, 2024, an 11 year period that covers the tax and gun offenses Biden was going to be sentenced for later this month. The time period coincides with the beginning of Hunter Biden’s business dealings with Ukrainian energy company Burisma Holdings, which added him to its board in spring 2014 as his father ran the Obama administration’s Ukraine policy agenda.

Many Republicans and some Democrats have criticized Joe Biden for pardoning his son after insisting for months that he would not do so and respect the outcome of his son’s legal proceedings. Joe Biden and White House press secretary Karine Jean-Pierre have claimed that he came to the decision over the weekend to grant the pardon.

Donald Trump’s legal team is already using Biden’s criticism of his own Justice Department to their advantage in the president elect’s hush-money case, arguing that the case should be tossed given that it was prosecuted by a Justice Department that, by the president’s own admission, is unreliable.

Biden’s claim that Hunter was “selectively, and unfairly, prosecuted” and “treated differently” amount to an “extraordinary condemnation of President Biden’s own DOJ,” Trump’s lawyers wrote.

“As President Biden put it yesterday, ‘Enough is enough.’ This case, which should never have been brought, must now be dismissed.”

James Lynch is a news writer for National Review. He previously was a reporter for the Daily Caller. He is a graduate of the University of Notre Dame and based in the Washington, D.C. area.

Reprinted with permission from National Review – By James Lynch

The opinions expressed by columnists are their own and do not necessarily represent the views of AMAC or AMAC Action.

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Max
Max
5 hours ago

The Biden family are not out of the woods yet. They have a final court date with the ALMIGHTY and they will not be able to weasel out of that JUDGEMENT.

WJS
WJS
6 hours ago

As PaulE has stated in past comments most of us knew Joe Biden was going to pardon his son and it was just a matter of time and only those that were naive enough to believe him that he would not do not know how big of a liar he is. Most of us thought it would be more toward the end of his tenure so we were surprised that it came so soon. Now the next pardon that most of us are anticipating when, will be for his brother, James Biden

LYNN WHITING
LYNN WHITING
3 hours ago

Well, I’m a female not used to seeing bare naked Hunter Biden suddenly be flashed onto my computer screen in dozens of porno poses with Asian women. The only writing I saw was in Chinese. I quickly turned off the puter. It was early 2020. Had I been hacked? But I’d been reading about Joe Biden, had seen pix of Hunter so knew it was him in the flesh! The future President’s son, in his birthday suit, smoking joints ( ?crack? ), bottom up/bottom down … Later I saw his father brag in a televised clip about telling a Ukrainian if they didn’t fire a guy he wouldn’t give them the $5mil or so they wanted. This was American diplomacy? I had seen hardly anyone campaign for him yet Joe was elected MY president! How? I watched, on the day he was inaugurated, through his own EO’s, not through Congress, he did away with almost 100 regulations from the previous administration. WHAT!?! Not long after I began to realize the new Prez was a pathological liar I started to count and research them. Couldn’t believe American citizens had elected this scum to office. He had to read everything he said. If he didn’t it was when he said, “I’m not lying.” I started to realize that was when he REALLY WAS! His actions, or, lack thereof, started putting peoples’ lives in danger, opening our borders, women, children raped, killings and torture of citizens by terrorists, by illicit drugs Scare tactics, not about that but about phony climate-change, DEI, DOD trans-shows in military schools! His Secretary of Defense disappeared without telling anyone? Strange balloons, drones not shot down? Now he pardons his son but doesn’t recognize he has gone against the U.S. Registered Agent Act? JOE BIDEN SHOULD BE HUNG FOR TREASON.

uncleferd
uncleferd
3 hours ago

Joe Biden should have been “dismissed” from American politics decades ago, for his obvious moral departures… lying, taking bribes from foreign actors, and seemingly countless other despicable behaviors. Career “democrats” are permitted, and encouraged, to embrace rock-bottom standards of ethics and conduct that would make “Chester Molester” blush.

Marie Saqueton
Marie Saqueton
3 hours ago

Comparing the injustices between the Biden and Trump cases. it is very obvious that when Democrats do the crime they will never do the time, but if a Republican is accused of a crime, they will do the time whether or not they did it, & prosecutors using felons to be their best witness. .

Jim
Jim
3 hours ago

He should be ashamed of himself! He was a disgrace as a president as well as a thief himself! Add to the fact that he’s trying to start WWIII and giving small arms to Ukraine and money to Africa when our own people in North Carolina desperately need financial assistance! How he sleeps at night is beyond me.

Shell
Shell
4 hours ago

This is an example of blatant political lies, promises, underhanded lawfare, and general corruption done within the political regime, elected, appointed or bought. There is no real LAW in the civil arena concerning politics and the “LAW!” the Bible tells us that will soon end.

David Millikan
David Millikan
3 hours ago

Dictator Beijing biden lied for 2 years straight with the rest of his staff about not pardoning Hunter who admitted his guilt in Court. But goes after President Trump who is innocent and convicted of NO Crime and NO Victim. NEVER believe or trust a democrat. This shows without doubt the Double Standard of democrats and their pure corruption.

Rhonda
Rhonda
3 hours ago

Crime does indeed pay.

Kaiju
Kaiju
4 hours ago

Time to put an end to Presidential immunity without some means of the kinds of checks and balances that the Founding Fathers built into the Constitution. When Justice is not “blind”, neither the system nor the Country can survive.

David Millikan
David Millikan
1 hour ago

The Charges against President Trump in Georgia must be Dropped Immediately.

Mike
Mike
4 hours ago

Both of them should be hung out to dry by their testes!

Granny26
Granny26
1 minute ago

Everything Jackass Joe says is a lie. Put him and Hunter both in GITMO and forget about them.

Jay
Jay
22 minutes ago

To dismiss this case is one of history’s most disgraceful travesties of justice! No president elected or installed should have the right to decide of a family case as this shows the American people their utter contempt for our justice system! It’s bad enough Joe is himself responsible for many heinous crimes, that he can get away with that, but I believe justice will somehow be served and that this wrong will soon be corrected!

Robert Zuccaro
Robert Zuccaro
26 minutes ago

Yeah, that Merrick Garland DOJ was sure after the Bidens, alright! What a joke. But isn’t ironic how Bidens antigun legislation almost sent his own kid up… laws for thee, not for me… and mine!

Kimberly
Kimberly
43 minutes ago

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apeus
apeus
44 minutes ago

james lynch is gay

apeus
apeus
54 minutes ago

the pardon makes sense

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MATIAS ROMERO, MEXICO - NOVEMBER 02: Members of the Central American migrant caravan move to the next town at dawn on November 02, 2018 in Matias Romero, Mexico. The group of migrants, many of them fleeing violence in their home countries, last took a rest day on Wednesday and has resumed their journey towards the United States border. As fatigue from the heat, distance and poor sanitary conditions has set in, the numbers of people participating in the trek has slowly dwindled but a significant group are still determined to get to the United States. President Donald Trump said Wednesday as many as 15,000 troops may be deployed to the U.S.-Mexico border in an effort to prevent members of the migrant caravan from illegally entering the country.
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