Federal prosecutors in the tax fraud case involving Hunter Biden said in a court filing Tuesday that President Joe Biden's son is pulling a "stunt" and trying to "game the system" by appealing a motion to dismiss his charges that was denied last month.
"The Defendant's decision to file a notice of appeal of this Court's denial of his meritless motions to dismiss is a stunt to delay the trial," stated the filing viewed by Newsmax. It was written by Department of Justice special counsel David Weiss and assistant prosecutors Leo Wise and Derek Hines.
Hunter Biden, 54, has pleaded not guilty to nine tax charges — six misdemeanors and three felonies — including failure to file and pay taxes, evasion of assessment, and false or fraudulent tax return. On April 1, U.S. District Court Judge Mark Scarsi rejected Hunter Biden's argument that the charges because were politically motivated and should be dismissed.
"The motion is remarkable in that it fails to include a single declaration, exhibit, or request for judicial notice," Scarsi wrote in an 82-page ruling. "Instead, Defendant cites portions of various Internet news sources, social media posts, and legal blogs. These citations, however, are not evidence." Scarsi's ruling was appealed to the 9th U.S. Circuit Court of Appeals.
A trial date on the tax charges was set for June 20 in Los Angeles. Hunter Biden also faces a June 3 trial date in Delaware on three federal gun charges, including two that accuse him of completing a form falsely indicating he was not using illegal drugs when he bought a Colt Cobra revolver in October 2018 and another alleging he possessed a firearm while using a narcotic.
Tuesday's filing was made to support a Monday filing by federal prosecutors that asked Scarsi to order Hunter Biden's legal team to file proposed jury instructions "pursuant to the Court's Standing Order" so that the trial date won't have to be moved.
"Defendant has decided, unilaterally, that he can ignore the schedule set by the Court, and defy the orders issued by the Court implementing that schedule," the prosecutors argued Tuesday. "This is a 'heads I win, tails you lose' litigation strategy. If the Ninth Circuit does not promptly rule on the government's motion to dismiss the appeal, the trial will have to be continued, according to his argument.
"Even if the Circuit rules soon, if the pretrial deadlines set by the Court have not been adhered to by the Defendant, he will likely claim he needs more time to prepare as a basis for a continuance of the trial. The Court should reject the Defendant's attempt to put himself above the law and game the system."
Newsmax reached out to Hunter Biden's attorney, Abbe Lowell, for comment.
Michael Katz ✉
Michael Katz is a Newsmax reporter with more than 30 years of experience reporting and editing on news, culture, and politics.
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