Hunter Biden’s prosecutor rejects the president’s politicization claim

Hunter Biden’s prosecutor rejects the president’s politicization claim

Special Counsel David Weiss’ office on Monday appeared to reject President Joe Biden’s claim that the prosecution of Hunter Biden was politically motivated, calling such allegations “baseless.”

In a court case challenging Hunter Biden’s request to dismiss the California charges against him in light of his father’s pardon Sunday night, Weiss noted that a number of judges had already rejected the younger Biden’s claims of vindictive prosecution.

In a statement announcing the “full and unconditional” pardon, the president said, “I have witnessed my son being selectively and unfairly prosecuted,” referring to the cases brought by Weiss that led to a guilty verdict on gun charges in Delaware and Hunter Biden’s guilty plea on tax and fraud charges in California.

“I believe in the justice system, but as I have wrestled with it, I also believe that raw politics has infected this process and led to a miscarriage of justice,” Biden said.

In the court filing, Weiss’ office did not directly mention the president’s statement, but noted that Hunter Biden had filed eight motions to dismiss the California indictment, “making every conceivable argument as to why it should be dismissed, all of which are considered were classified as unfounded.”

“It is noteworthy that the defendant argued that the charges were the result of vindictive and selective prosecution. The court rejected this claim on the grounds that “as the court noted at the hearing, the defendant filed his motion without evidence.” And there was and was no evidence of vindictive or selective prosecution in this case,” the file says.

It noted that Hunter Biden “made similar baseless allegations” in the Delaware case, which were also rejected by that judge. Three appeals courts also rejected Hunter Biden’s arguments, the filing said.

“In total, eleven (11) different Article III judges appointed by six (6) different presidents, including his father, reviewed and dismissed defendant’s claims, including his claims of selective and vindictive prosecution,” it states the file.

In filings Sunday evening, Hunter Biden’s attorney, Abbe Lowell, argued that the presidential pardon “requires an automatic dismissal of the charges” against his client.

Weiss argued in the California filing and a separate Delaware filing that courts typically “do not dismiss charges when pardons are granted.”

“The government does not deny that the defendant was the victim of an act of mercy. “That does not mean that the grand jury’s decision to indict him, based on a finding of probable cause, should be brushed aside as if it never happened,” the Delaware filing says.

“Nor does it mean that his charges should be expunged because the defendant falsely claimed that the charges were the result of an improper motive or selective prosecution. No court has agreed with the defendant on these baseless allegations and his motion to dismiss.” “The charges have no legal basis,” it continued.

The White House did not immediately respond to a request for comment.

Lowell responded to Weiss’ filing late Monday, arguing the judge had the right – and reason – to dismiss the underlying charges.

“Mr Biden has not been convicted and no verdict has been reached in this case. Since no verdict has been or will be made in this case, the appropriate decision is to dismiss the charges while noting that this is a pardon,” Lowell wrote.

Hunter Biden was scheduled to be sentenced in both cases later this month.

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