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Judge rejects Hunter Biden's request to dismiss federal tax charges

The president’s son was indicted on three felony and six misdemeanor tax-related charges last year.
Hunter Biden In House Oversight
Hunter Biden in Washington on Jan. 10.Tom Williams / CQ-Roll Call via Getty Images file

The judge overseeing the federal tax case against Hunter Biden denied a series of motions by the president's son to dismiss the tax charges against him.

In an 82-page order, U.S. District Judge Mark Scarsi rejected all eight motions filed by Biden's legal team, which relied on various legal arguments in asking him to throw out the entire indictment or at least specific counts.

Biden was hit last year with three felony and six misdemeanor tax-related charges. He has pleaded not guilty.

One of the defense motions had zeroed in on a failed plea deal, arguing that a so-called diversion agreement was still in effect, meaning certain charges would be set aside if the terms were honored.

Another motion argued that prosecutors selectively targeted Biden, while a separate one alleged that special counsel David Weiss, who is leading the prosecution, was not correctly appointed to his position.

In rejecting the selective prosecution argument, Scarsi said Biden "fails to present a reasonable inference, let alone clear evidence, of discriminatory effect and discriminatory purpose."

Scarsi also denied the argument that statements from congressional Republicans affected how prosecutors have handled the case.

"But politicians take credit for many things over which they have no power and have made no impact," Scarsi said. "As counsel conceded at the hearing, just because someone says they influenced a prosecutorial decision does not mean that they did."

Biden's attorney Abbe Lowell was critical of the order in a statement Monday night.

“We strongly disagree with the Court’s decision and will continue to vigorously pursue Mr. Biden’s challenges to the abnormal way the Special Counsel handled this investigation and charged this case,” Lowell said.

The special counsel’s office declined to comment on the order.

In a hearing last week, Biden’s attorneys asked a judge to dismiss the tax charges and argued that the case was politically motivated. Scarsi had said he expected to rule on their motions by April 17.

During the hearing, Lowell argued that "there’s nothing regular about how this case was initially investigated."

Biden was also indicted last year on federal gun charges related to possessing a firearm while using narcotics. The trial is scheduled for June. He has pleaded not guilty to those charges, as well.