A federal judge has denied Hunter Biden‘s latest attempt to dismiss tax evasion charges against him. The decision was made by District Judge Mark Scarsi in Los Angeles on Monday (August 19), who ruled that Biden’s motion was filed too late and was an attempt to re-litigate a question that he had previously ruled on and rejected. This means that special counsel David Weiss can proceed with his case against President Joe Biden‘s son, who has pleaded not guilty to nine tax crimes.
Hunter Biden had argued that the Justice Department special counsel who brought the charges was unconstitutionally appointed and unlawfully funded, similar to an argument made by former President Donald Trump in a separate case. However, Judge Scarsi pointed out key differences between Weiss and the special counsel prosecuting Trump, Jack Smith. Weiss was previously the Senate-confirmed U.S. attorney in Delaware when he began the Hunter Biden probe, while Smith was named as special counsel by the attorney general and hasn’t served in any Senate-confirmed capacity.
According to CNN, Judge Scarsi wrote, “The Court already adjudicated Mr. Biden’s Appointments and Appropriations Clause challenges in his timely filed motion to dismiss … there is no reason to revisit the Court’s decision now.”
He also noted that “there is no valid basis for reconsideration” and that “Neither Justice Thomas’s opinion nor Judge Cannon’s order is binding precedent.”
This decision is the latest in a series of legal challenges for Hunter Biden, who was convicted in June of three felony gun charges in a separate case. His tax trial is slated to begin early next month. A hearing is scheduled for Wednesday where Judge Scarsi will hear arguments on attempts by Hunter Biden and Weiss to exclude certain evidence and witnesses from the trial.
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