by Katelynn Richardson
A federal judge declined Monday night to dismiss Hunter Biden’s tax case after he challenged special counsel David Weiss’ appointment.
Hunter Biden’s attorneys filed motions in July to dismiss both his tax case in California and his gun case in Delaware due to “lack of jurisdiction,” arguing Weiss’ appointment was unlawful. While Judge Mark Scarsi previously rejected their argument about Weiss, Hunter Biden’s attorneys raised it again after a judge decided to toss former President Donald Trump’s classified documents case after finding special counsel Jack Smith’s appointment unconstitutional.
“Mr. Biden does not provide any law or argument that even remotely suggests an Appropriations Clause violation raises jurisdictional concerns,” Scarsi wrote in his Monday order. “Nor does he offer, and nor has the Court found, any authority for the proposition that an Appointments Clause violation is a defect of jurisdictional significance.”
Scarsi declined to reevaluate the issue, noting it was already considered in his earlier February motion.
“The Court declines to reach the merits of the motion because there is no valid basis for reconsideration of the Court’s order denying Mr. Biden’s motion to dismiss the indictment for Appropriations and Appointments Clause violations,” the judge wrote.
Scarsi also opted not to bring sanctions against Hunter Biden’s attorneys after threatening to do so in response to their suggestion that Weiss “brought no charges against Mr. Biden until he was appointed as Special Counsel.”
“The Court discharges the order to show cause, but counsel’s conduct warrants an admonition: candor is paramount,” Scarsi wrote.
Hunter Biden’s trial is slated to begin Sept. 5. He was indicted in December on nine charges stemming from his alleged failure to pay over $1.4 million in taxes while spending his substantial income on an “extravagant lifestyle.”
In June, Hunter Biden was convicted by a Delaware jury on three charges relating to his purchase of a revolver while addicted to drugs. His sentencing for the gun charges is scheduled for November 13.
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Katelynn Richardson is a reporter at Daily Caller News Foundation.
