Judge denies all 8 of Hunter Biden's motions to dismiss his tax indictment

ByLucien Bruggeman ABCNews logo
Tuesday, April 2, 2024

A judge late Monday denied all eight of Hunter Biden's motions to dismiss his nine-count tax indictment in California, paving the way for a June 20 trial.

Hunter Biden, the son of President Joe Biden, had sought dismissal of the case earlier this year, arguing in part that prosecutors succumbed to political pressure in filing charges, that an ill-fated immunity agreement struck with prosecutors last summer remained in effect, and that the charges were brought in an improper venue.

In an 82-page ruling posted to the case docket late Monday, Judge Mark Scarsi denied all eight motions.

"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," Hunter Biden's attorney Abbe Lowell said in a statement following the ruling.

The younger Biden had argued that the immunity stipulation in a section of the parties' ill-fated plea deal from last summer remains in effect. His legal team wrote that that the tax charges "violate" the terms of the diversion agreement, and accused prosecutors of attempting to "backtrack and renege" on the deal.

Special counsel David Weiss, in his rebuttal filed last month, slammed Hunter Biden's arguments in court filings as a "conspiracy theory," a "house of cards," and "shapeshifting claims."

Weiss claimed that it was Hunter Biden -- not prosecutors -- who walked away from negotiations. Weiss' office "proposed changes to the agreements" after the July 26 hearing where the deal fell apart, he wrote.

"The defendant rejected these counterproposals and refused further negotiations," Weiss wrote.

Weiss made additional rebuttals to many of the other motions to dismiss, which included claims of improper venue and statute of limitations.

Weiss' office charged Hunter Biden in December with nine felony and misdemeanor charges stemming from his failure to pay $1.4 million in taxes for three years during a time when he was in the throes of addiction. Hunter Biden has pleaded not guilty to all charges.

The back taxes and penalties were previously paid in full by a third party, identified by ABC News as Hunter Biden's attorney and confidant, Kevin Morris.

The federal judge overseeing this case will hold a hearing on these arguments later this month.

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