A federal judge denied on Monday Hunter Biden most recent request to dismiss tax charges against him, ahead of his pending trial next month in California, AP said.
Hunter Biden was accused of failing to pay 1.4 Mln dollars in taxes, his legal team had argued that the case should be thrown out based on a recent Florida ruling that dismissed a separate prosecution against former President Donald Trump.
In that case, US District Judge Aileen Cannon had dismissed Trump’s classified documents charges, claiming special counsel Jack Smith was illegally appointed.
Therefore, Hunter Biden’s lawyers argued a similar rationale should apply, given that special counsel David Weiss filed the charges against Biden.
US District Judge Mark Scarsi, who was appointed by Trump, rejected Biden’s challenge to Weiss’s appointment.
Scarsi stated there was “no valid basis for reconsideration” and criticized Biden’s lawyers for making “false statements” in their filings.
The judge noted that Weiss was not appointed special counsel when Biden was initially charged.
Scarsi also addressed a defense claim suggesting charges were only brought after Weiss’s appointment.
The judge ordered Biden’s lawyers to explain why they should not face sanctions for this claim.
Biden’s team countered that they had not misled the court and amended their filing accordingly.
In his Monday ruling, Scarsi opted against sanctions but emphasized that “candor is paramount” in legal proceedings. A hearing on Wednesday will discuss what evidence can be presented to jurors.
This case is Biden’s second criminal trial in recent months. He was convicted in June for three felony charges related to a 2018 gun purchase and tax evasion.