The judge presiding over the California tax fraud case against Hunter Biden accused the president of misrepresenting and downplaying the allegations against his son when announcing why he was pardoning him.

“The Constitution grants the President broad authority to grant reprieves and pardons for offenses against the United States, but nowhere does the Constitution give the President the authority to rewrite history,” U.S. District Judge Mark C. Scarsi wrote late Tuesday in a judgment.

A lawyer for Hunter Biden had asked the judge to dismiss the charges against his client in light of President Joe Biden’s pardon on Sunday evening, but did not initially submit a formal copy of the pardon, instead sending a link to the president’s related statement that his son was ” “prosecuted selectively and unfairly” and was the victim of a “miscarriage of justice”.

Scarsi said the president’s “statements” in the statement accompanying the pardon were “contradictory to the record of the case.”

“For example, the President claims that Mr. Biden was “treated differently” than others “who paid their taxes late because of serious addiction,” implying that Mr. Biden was among the people who paid taxes late because of their addiction. But he is not,” the judge wrote.

He pointed out that Hunter Biden said he was “severely addicted to alcohol and drugs until May 2019.”

“When Mr. Biden pleaded guilty in this case, he admitted that after this period of addiction, he committed tax evasion by improperly deducting as business expenses items that he knew were personal expenses, including Luxury clothing, escort services and his daughter’s law.” And Mr. Biden admitted that he had “sufficient funds available to pay some or all of his outstanding taxes when due,” but that he had not made any payments on his tax liabilities, even “long after he had returned.” his sobriety” and instead chose to “spend large sums of money to maintain his lifestyle” in 2020, the judge wrote.

Biden pleaded guilty to all charges against him in the California case on the eve of the trial in September. Prosecutors said he “executed a four-year plan to avoid paying at least $1.4 million in self-assessed federal taxes he owed for tax years 2016 through 2019.” He then “filed false tax returns in February 2020.” ” and claimed he made bogus business deductions “to avoid tax assessment and reduce the significant tax liabilities” he still owes paid even though he drove a Porsche and lived in a $17,500 home. Prosecutors said they sold a one-month rental home on a canal in Venice Beach.

The taxes were finally paid after federal investigators told Biden in December 2020 that they were looking into his finances.

Hunter Biden was scheduled to be sentenced later this month for the three felonies and six tax offenses before his father granted him a “full and unconditional pardon” for “the offenses against the United States which he has committed or may have committed.” took part in the period from January 1, 2014 to December 1, 2024.”

The pardon also includes a gun case in Delaware. Biden was convicted by a jury on those charges earlier this year and was scheduled to be sentenced in the case later this month. The cases were brought separately after a plea agreement that would have settled both without jail time fell apart when a judge questioned some details of the agreement.

Hunter Biden had argued in both cases that he was the victim of selective prosecution, but those claims were rejected by Scarsi and the judge in the Delaware case, Maryellen Noreika. Both are Trump candidates.

“According to the President, “no reasonable person looking at the facts of (Mr. Biden’s) cases can come to any conclusion other than that (Mr. Biden) was singled out simply because he is (the President’s son). “” Scarsi wrote. “However, two federal judges specifically rejected Mr. Biden’s arguments that the administration prosecuted Mr. Biden because of his family relationship with the president. And the president’s attorney general and Justice Department staff oversaw the investigation that led to the indictments led. In the President’s assessment.” “This legion of federal officials, including the signatories, are unreasonable people.”

David Weiss, the special counsel who brought the cases against Hunter Biden, took a similar stance in a court filing earlier this week, noting that three appeals courts had also rejected the selective prosecution claims.

His office’s filing said there was “never evidence of vindictive or selective prosecution” in this case. “In total, eleven (11) different Article III judges appointed by six (6) different presidents, including his father, considered and rejected defendant’s claims, including his claims of selective and vindictive prosecution.”

The White House did not immediately respond to a request for comment on the judge’s comments.

Despite his concerns about the president’s statement, Scarsi waived the sentencing hearing and indicated that he would formally dismiss the case once he received a certifying statement confirming the pardon.

Noreika ordered the Delaware case dismissed on Tuesday.