U.S. District Judge Mark Scarsi in California is considering sanctions against Hunter Biden’s lawyers for allegedly making “false statements” in a court filing seeking dismissal of the tax case against Joe Biden’s son.
Scarsi accused Biden’s legal team of misrepresenting the case's history by claiming that no charges were filed until Delaware U.S. Attorney David Weiss was named special counsel in August 2023.
Judge Scarsi, appointed by President Trump pointed out that Weiss had not yet been appointed special counsel when Hunter Biden was charged with misdemeanor tax offenses as part of a plea deal that collapsed last year. Scarsi has demanded that Biden’s lawyers explain why they should not face sanctions for these alleged misrepresentations.
Hunter Biden’s attorney, Mark Geragos, stated that the legal team would respond to the judge but maintained that no false statements were made. Geragos argued that Weiss, as the Delaware U.S. Attorney, lacked authority to file charges in California until he was named special counsel.
In their court filing, Hunter Biden’s lawyers sought to dismiss the case by invoking a ruling from U.S. District Judge Aileen Cannon, who dismissed a separate prosecution of Donald Trump in Florida, citing concerns about the legality of special counsel Jack Smith’s appointment. They argued that similar logic should apply to dismiss both Biden’s tax case in California and a separate firearm case in Delaware, where Biden was convicted of three felony charges.
Smith’s team has appealed Cannon’s dismissal to a federal appeals court in Atlanta, contending that the Justice Department’s actions are in line with established precedents, such as the court-upheld appointment of special counsel Robert Mueller to investigate Russian election interference during the Trump administration.
The California tax case involves allegations that Hunter Biden failed to pay at least $1.4 million in taxes over four years, though the back taxes have since been settled. Meanwhile, in June, a Delaware jury found Hunter Biden guilty of lying about his drug use on a federal form required to purchase a firearm.
