WASHINGTON (AP) — A federal judge on Monday denied Hunter Biden’s latest bid to dismiss tax charges against him, setting the stage for his trial next month in California.
Citing a Florida ruling that dismissed a separate indictment of former President Donald Trump, Hunter Biden’s lawyers had urged a judge to dismiss the case accusing him of a four-year scheme to avoid at least $1.4 million in taxes.
U.S. District Judge Aileen Cannon threw out the case involving Trump’s classified documents last month because she said Special Counsel Jack Smith, who brought the case, was illegally appointed by the Justice Department. The Ministry of Justice is appealing the decision.
Hunter Biden’s lawyers had argued that the same logic should apply to his case, which was brought by a different Justice Department special counsel.
But U.S. District Judge Mark Scarsi said in his ruling that he had already rejected Hunter Biden’s earlier challenge to the appointment of special counsel David Weiss. The judge said there was “no valid basis to reconsider” the decision.
Scarsi, who was appointed to the bench by Trump, had accused Hunter Biden’s lawyers of making “false statements” in court, where they urged the judge to dismiss the case. It was a comment by the defense that no charges were filed in the investigation until Weiss was appointed special prosecutor in August 2023.
The judge noted that Weiss had not yet been named as special counsel when he charged Hunter Biden with tax crimes as part of a plea deal that fell apart last year. Scarsi ordered Hunter Biden’s lawyers to explain why they should not be punished.
Hunter Biden’s lawyers responded that they have never tried to mislead the court.
In an order issued Monday, the judge said he would not punish the defense attorneys after they changed their pleas. But the judge wrote that the defense’s “conduct deserves notice: integrity is paramount.”
The case is scheduled for Wednesday, when the judge is expected to hear arguments about 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 felonies in a separate federal case stemming from a 2018 gun purchase.
