Despite hours of argument by the counsel for Hunter Biden, U.S. District Court Judge Mark Scarsi denied his eight motions to dismiss tax charges with a stinging rebuke that the defense omits one thing from its argument: actual evidence.
Hunter Biden has been arguing that he is the victim of selective prosecution despite a documented history of receiving special treatment as the son of the President. However, he has proven a key witness against himself in swatting down defenses raised by his counsel and publishing self-incriminating facts in his book.
The filings also did not address the fact that the Justice Department not only allowed the statute of limitations to run on major crimes, but sought to finalize an obscene plea agreement with no jail time for Hunter. It only fell apart when a judge decided to ask a couple of cursory questions of the prosecutor, who admitted that he had never seen an agreement this generous for a defendant.
Special Counsel David Weiss noted in his filing that they filed new charges only after Hunter’s legal counsel refused to change the agreement and insisted that it remained fully enforceable.
One only has to look at the series of superseding indictments against Sen. Bob Menendez, D-N.J., to see how Hunter continues to receive special treatment. Rather than the four original counts, Menendez now faces 18 counts with his wife, Nadine Arslanian Menendez, and alleged co-conspirators Wael Hana and Fred Daibes.
What is most notable is not the proliferation of counts but the lack of comparative charges in the pending case against Hunter Biden. Some of us have long raised concerns over the striking similarity in the alleged conduct in both cases, but the absence of similar charges against the president’s son.
Judge Scarsi made fast work of the Biden filings as entirely insufficient to dismiss these charges. Abby Lowell and the defense team seem to be doubling down on the same claims despite the uniform rejection by courts.
The judge noted:
“As the Court stated at the hearing, Defendant filed his motion without any evidence. The motion is remarkable in that it fails to include a single declaration, exhibit, or request for judicial notice. Instead, Defendant cites portions of various Internet news sources, social media posts, and legal blogs. These citations, however, are not evidence.”
Lowell disagreed with the court’s order and pledged “to vigorously pursue Mr. Biden’s challenges to the abnormal way the Special Counsel handled this investigation and charged the case.”
In truth, the “abnormal” treatment of Hunter was giving him advance notice of attempts to interview him and to search of Biden property. It was allowing the statute of limitations to run despite having an agreement on the table to keep potential felonies alive. It was trying to secure a plea agreement that even the prosecutor admitted in court was like nothing he had ever seen in his career.
The court even makes reference to Schrödinger’s cat, a paradox suggested by physicist Erwin Schrödinger in 1935 that a cat in a thought experiment could be viewed simultaneously as both alive and dead:
“The Court understands that its decision rests on an interpretation of the agreement neither party advocated—that the Diversion Agreement is a binding contract but performance of its terms is not yet required. The Court, therefore, invites the parties to stipulate to further pretrial motion practice to the extent there are additional disputes that arise from the Court’s Schrödinger’s cat-esque construction of Defendant’s immunity under the Diversion Agreement.”
The court also rejected the repeated unsuccessful claim by Hunter that the plea agreement is enforceable. The court found that the agreement fell apart before preconditions were met. It is null and void.
“Having found that the Diversion Agreement is a contract that binds the parties but that the parties made the Probation Officer’s signature a condition precedent to its performance, the Court turns to Defendant’s theory of immunity: that the United States’ obligation to refrain from prosecuting Defendant under section II(15) of the Diversion Agreement is currently in force. It is not. The immunity provision is not one exempted from the term of the contract under the survival clause.”
Scarsi has scheduled a status conference for May 29.
Here is the opinion: Hunter Biden Ruling
Remember when they grabbed Manafort in a matter of weeks in his underwear in the dead of night and jailed him within WEEKS
He was Republicans. 2 tier LAWLESS AMERICA
Yes, under Joe Biden we now have a two tier justice system. Look at how stridently the US Government went after the an 6th rioters, a ragtag group of right wing conservatives who sloppily invaded the Capitol. Hundreds of millions has been spent prosecuting these people, even though Tucker showed those videos of the capitol police waving in the demonstrators.
Contrast that with the efforts made to prosecute Gorge Floyd rioters by the DOJ – there has been almost none. The people that rioted over the George Floyd incident, people that destroyed police stations, the people that looted looted stores, violently attacked innocent bystanders – these people mostly got a pass from US law enforcement.
Why was this? You can explain that easily. The George Floyd riots, they were “Democratic riots”, while the Jan 6th riot, that was A GOP riot, a republican riot. The message the DOJ is sending is, of course, that we have a two tier justice system.
I think most voters want a fair and impartial law enforcement. a criminal justice system that doesn’t take sides, but that’s not true of Democrats these days. When they are in control, as Joe Biden has been – look out, we are coming after conservatives.
What’s hilarious–Biden is running his mouth about “fair share” and his own kid didn’t pay his.
NJ Democrat Senator Menendez has been under Indictment for most of his 20 years in the Senate(his partner went to jail for 30 years)….but never goes to jail. His wife just Murdered a man driving drunk in her party dress…the cops never tested her for DUI…they gave her a RIDE HOME!
The Rule of Law is DEAD
Not dead, but we do have a two-tier judicial system.
the democrat party is a Criminal Enterprise!
Amazing how they impeached Trump in weeks…then is weeks FINED Trump $500 Million for a “crime” that harmed no one, cost no one money, and WAS APPROVED ALL BANKS INVOLVED, etc
But Tony Bobulinski told us about Bidens Crimes….4 years ago…ZERO…Hunter Traveled with Joe on Air Force 2 10 years ago…and GOT Millions from CHINA….but NOTHING EVER HAPPENS!
Democrat controlled DOJ.
Finally, a decent judge appears.
There are lots of astute, honest jurists . . . in fact, that would be most judges. The problem is judge shopping is the means whereby these controversial political cases are ruled on by carefully selected judges with a recognized political bias.
If Hunter is convicted he will be pardoned by his father. So the only significance of this trial relates to the integrity of the trial process itself. The prosecution has already been corrupted by Weiss allowing the SOL on the most significant tax charges to lapse and by failing to bring other charges that might apply, such as under FARA.
The real significance of Hunter’s conduct lies in his sale of access to Joe Biden. The absence of FARA charges and the likely failure of Comer’s impeachment investigation means that nothing will be done relating to this.
Daniel,
We all know Biden will not get impeached.
I am perfectly fine with that.
What we are seeing is all the evidence, the corruption put on full display.
Unfortunately, all too many folks (as a former President used to like to call us) have been hypnotized to the dark side of the Force – “this is not the evidence we’re looking for . . .”
That is funny. Try to get a case dismiss without any evidence other than some empty MSM articles.
I can’t wait for the movie!
“All the President’s Toadies and his Son.” A tale of the political hacks that sold their country out to the Chinese, Iranians, Mexican Cartels and most of the countries in the UN.
Are you talking about the trump family again?
You mean the real President that isn’t cognitively impaired?
Cognitively impaired certainly applies to trump. Real President? Only in trumps mind and idiotic cult members.
JT has a sense of humor…
“Judge Mark Scarsi denied his eight motions to dismiss tax charges with a stinging rebuke that the defense omits one thing from its argument: actual evidence.”
“Actual Evidence” I love it. For 3 years now some guy is running around the country yelling and screaming about fraud in the 2020 election. He has actually gone to court 60+ times and been swatted down with the same question. Evidence? Yet here we stand today, the election was stolen but we have yet to have had a single piece of evidence presented to a judge in a court of law.
Hmmm, wonder if cases being dismissed “for lack of standing” might have something to do with that…?
Because the courts have ruled they lack standing, therefore evidence has not been presented to the court. There is plenty of evidence of dubious voting results
But as you know, this article is about Hunter Biden, not the scary orange guy…… haha he lives in your head, and that’s funny!
I respectfully suggest you are uninformed. There have been many instances of election fraud asserted, but none was found material enough to change the outcome of an election. The questions should be, “Are we good with that?” “Is it acceptable for some districts to have more votes cast than it has registered voters?” Either we clean up the system or inevitably the corruption will reach a level where it is material and we will be forced to deal with an outcome that cannot be supported.
but none was found material enough to change the outcome of an election.
Can’t make a finding if the court never hears evidence
Anonymous: the claim that there were more votes cast than registered voters is a LIE, according to Snopes and PolitiFact:
By Tom Kertscher
March 1, 2021
No, there weren’t more votes than registered voters in the 2020 election
Experts say as many as 215 million voters were registered for the 2020 election.
That far outnumbers the 159 million ballots cast.
See the sources for this fact-check
An image widely shared on Facebook suggested that 26 million votes were fraudulently cast in the 2020 presidential election.
It’s wrong.
It grossly understates the number of registered voters.
Sorry
No standing
Typical left wing nut “fake”
fact check.
Beat the crap out of that straw man,
In EVERY election we have multiple places in which more votes are cast than registered voters.
That is near certainly fraud. It is not new.
That is NOT refuted by noting that in the US as a whole there are more registered voters than there are votes in any election.
What is true of the country as a whole is not true in each state, city or precinct.
In the vast majority of the country – there are nore registered voters than votes.
In many places in the country there are more registered voters than there are people on the census.
That might have something to do with the fact that our voter registration lists are a giant fraud all buy themselves.
But despite the fact that in nearly every state about 20% of registered voters are fake, dead, or otherwise not real. We still ge t afew places where votes exceed registered voters.
But that is NOT the big claim. The REAL issue with 2020 is not about registered voters. It is that the number of ACTUAL voters is LESS than the number of ballots. Every precinct is required by law to reconcile the number of ballots it counteed against the number of people who showed up to vote (including absentee voters). There whould ALWAYS be less votes than voters. Because some people do not vote for some offices. But in 2020 several places – in My state of Pensylvania – in TWO places – Pittsburg and Philadelphia – there were more total ballots counted than voters who voted.
It is probable that some of that is just poor record keeping – Democratic strongholds throughout the country have HISTORICALLY been incredibly sloppy with elections.
But the problem is that the reasons for those records is to be able to identify fraud when it occurs.
The act of keeping good records is a STRONG factor in PREVENTING fraud.
Recently after a Trip to the Supreme court the PA Supreme court has Finally ruled that balolots from unsigned and undated envelopes can not be counted.
That is because the requirement that a ballot envelope is dated and signed is a century old antifraud measure
When you are sloppy with the laws that are supposed to detect and therefore prevent fraud – you make fraud likely.
We will not have trustworthy elections until the courts are willing to throw out election results where the law was not scrupulously followed.
Did any one of those courts hold a hearing where evidence was allowed to be presented ?
There is lots of evidence – it is BTW growing by the day, though most do not hear about it.
Some of that evidence was presented in actual hearings before state legislators – where witnesses appeared and testified under oath and presented their evidence. NONE of that occured in court.
I would note tyhat Election fraud.
Election rigging.
Election lawlessness,
Election influencing
Are all forms of Election stealing.
We are way past the FACT that the 2020 election was stolen.
Democrats in government and social media illegally and unconstitutionally colluded to deprive voters of massive amounts of true information that would have impacted the 2020 election – further conse4rvatives and others speaking the truth were TARGETED, Silenced and censored.
Election laws were changed – by fiat not legislation or just made up on the spot. Much of this nonsense we are still stuck with.
It is also very odd how Democrats so often suddenly flip positions when politically advantageous.
IK have been fighting for election integrity since the 2000 election I have been fighting – primarily with the support of democrats for more than 2 decades AGAINST the Bush pushed move to an assortment of black box computers in our elections.
\Yet suddenly in 2020 Democrats decided computers in elections was magically a good idea.
Hunter deserves a speedy trial.
TESTIFY!
My money’s on the Russian Hookers. They’ll strike a deal with the Prosecution (and Comer) for Amnesty and Citizenship (Defection) in exchange for the testimony that they were feeding intel to Putin via The Committee for State Security (CSS) Channels about the Biden’s Enterprise activities. Putin’s interest of the Biden’s is of business nature as to the ‘competition’ moving in on the turf (Ukraine & China) of his Grey Market Trade Routes and Gas & Oil.
Hunter’s Cocaine laced nostrils and Sex addiction came in as a handy vice to penetrate the Biden crime syndicate (Hunter’s K-street connections et. al. Paradigm Global Advisors, Seneca Global Advisors, Rosemont Seneca Partners, …)
– Loose Lips, Sink Ships –
Thank goodness we are back on some salacious Hunter news.
I mean please, don’t talk about the number of trump lawyers that aren’t lawyers anymore. Or the number of trump lawyers that have been sanctioned. And who wants to know about using classified documents as your guests toilet paper? I mean come on now. It’s only military secrets that trump shared with foreigners. So what. By all means strut out those Hunter stories and distract from the criminal running to be president.
And who wants to know about using classified documents as your guests toilet paper? I mean come on now. It’s only military secrets that trump shared with foreigners. — Anon
And your evidence for these statements is… (crickets).
LOL
My goodness, you are a font of disinformation, conspiracy theories, and bitterness. To be fair, something you are incapable of, politics these days is a mess. We have evil people running our government, and the system chokes off change.
When we start sanctioning democrats for the same conduct you are sanctioning republicans for – Then and only then will I care.
You do not seem to grasp that all you are doing is demonstrating even MORE left wing nut lawfare.
Democrats have used control of judges, of bar groups across the country to threaten blackmail and punish lawyers that challenge them.
The only thing somewhat new about this is the politicization of it.
I have seen lawyers who stole money from their clients or from estates face NO consequences from the bad or judges.
And I have seen some of the most prominent lawyers in the country face serious threats of disbarrment.
F. Lee Bailey – one of the most prominent and successfull criminal defense attorney’s in modern US history faced disbarrment many times.
Any lawyer that has been disbarred or threatened for aany reason short of perjury – like Willis Wade and Bradley, or for stealling clients money, likely should be wearing that disbarrment as a badge of honor.
Criminal defense attorney’s typically get disbarred for doing their job.
That is not new.
I am guessing Aby Lowell’s legal fees are being paid for by Hunter Biden’s “Sugar Brother”. It does not appear to me the “Sugar Brother” is getting his money’s worth from Aby Lowell, the Lowell defense team as been a disaster so far, as this stinging rebuke by a Judge shows shows.
Hunter Biden, as I remember it, could not afford to pay child support to the mother of his out-of-wedlock child, a daughter that he sired with an exotic dancer. Yet he can afford to pay Aby Lowell, one of the nations most expensive defense attorney’s.
Joe Biden, as has been reported in the media stands firmly behind his Yale law educated tax cheater son of his, a son that doesn’t work but instead supports himself sponging off a “Sugar Brother”, and also supports himself selling art to Joe Biden’s FatCat donors, even though he has limited artistic skills
I am 70 years old, sometimes I think I’ve seen it all, but this Hunter Biden saga proves that I have not. A question that come to mind about Hunter Biden is this. How come Joe Biden stands by this son of his, a son who won’t even acknowledge his own out of wedlock child? If I had a son like Hunter Biden I would avoid him at all costs.
The answer is pretty clear to me, Hunter biden “knows too much” about the Biden family influence peddling operation”. Hunter Biden has been in the room when the suitcases full of cash are being passed around. If Hunter rolls over on Joe Biden and Biden’s brother it will be all over for stumblebum Joe Biden. Lol.
I am not going to criticize Lowell. A lawyer must work with what they have got.
Hunter’s lawyers are in a complex situation – they are facing criminal charges, damning evidence, and serious political problems.
At the same time – EVERYONE knows that Hunter is never serving a day in jail.
We have a different version of this with Trump and his legal teams.
Trump is trying to win an election and delay or win court cases concurrently.
His lawyers are striving to try to accomplish BOTH goals. Often that requires choices that are NOT what they would normally do.
It is as an example RARELY beneficial for a defendant in a criminal case to talk outside of court.
But it is incredibly politically advantageous for Trump to do so.
Democrats are giving Trump free media coverage everytime they drag him to court.
THAT is why the Judgs keep trying to gag him. It has nothing to do with the cases.
I have alwasy opposed prosecutors efforts to control the defense.
I always thought it was insane for prosecutors to try to limit defendants efforts to defend themselves.
As a prosecutor you are far more likely to get a conviction if the defendant claims – “the twinkies made me do it”.
Or some terrorists takes the stand and trys to claim he is following allah’s will.
Trump and Hunter should be fully entitled to claim political persecution. The odds of people Buying that regarding Hunter are slim to none.
Hunter Biden has been arguing that he is the victim of selective prosecution…..
The Twelve Step community, which includes Alcoholic Anonymous, Narcotics Anonymous, Gamblers Anonymous, et al, have a phrase that describes an addict who inwardly still shows all of the classic signs of addiction despite not partaking in their drug of choice. That phrase is known as “dry drunk”.
The 12 Steps has as its signature piece the requirement that the addict takes responsibility of their own problems and daily engage in a searching and fearless moral inventory. Since the 12 Steps originated within a religious construct, the steps are congruent with religious precepts of having a higher power, admitting our faults and making amends to those who have been harmed by the addict, i.e. lead a virtuous life.
Hunter Biden is a dry drunk. He shows no evidence of working the 12 steps, never mind progressing through each one successively. In brief, Hunter and the attendant Biden orbit, are the problem. They are the addicts who lie, manipulate, cheat, extort, inflict harm on others, wreak havoc, destroy all in their universe, all for selfish gain. Those who make excuses for them are part of the problem as well which ties back to my oft mentioned post-modernist world: self-referential, moral relativism, skepticism
When the Biden orbit desecrated Easter Sunday and sullied the highest of holy days of Christianity with the trans fiasco, it was in keeping with everything else they do. These folks are not about the virtues that forged Western Civilization and the US Founding Fathers, i.e. the US Constitution. Americans would do well as individuals to return to the virtuous principles that shaped this country and all of Western Civilization, where living a virtuous life was paramount.
Virtue is a habitual and firm disposition to do good.The human virtues are stable dispositions of the intellect and the will that govern our acts, order our passions, and guide our conduct in accordance with reason and faith. They can be grouped around the four cardinal virtues: prudence, justice, fortitude, and temperance. Prudence disposes the practical reason to discern, in every circumstance, our true good and to choose the right means for achieving it. Justice consists in the firm and constant will to give God and neighbor their due. Fortitude ensures firmness in difficulties and constancy in the pursuit of the good. Temperance moderates the attraction of the pleasures of the senses and provides balance in the use of created goods.
The moral virtues grow through education, deliberate acts, and perseverance in struggle. Divine grace purifies and elevates them.
Catechism of the Catholic Church
Estovir,
Well said.
Rich people like them, never think they are guilty of their crimes or that they even committed them.
Both the Hunter Case and the trump cases are NOT normal.
There are very important factors that have nothing to do with the courtroom.
Hunter is not going to jail. His and his attorney’s job is not so much to stay out of jail, but to keep the case from ruining Joe Biden’s re-election.
Trumps and is lawyers job is less to win the case in front of the judge but to use the case to win the election.
He’ll never see a day in prison. Powerful Democrats never do.
Ditto:
“Powerful Democrats never do” and Powerful K-Street Democrats never do. …
“As the Court stated at the hearing, Defendant filed his motion without any evidence. The motion is remarkable in that it fails to include a single declaration, exhibit, or request for judicial notice. Instead, Defendant cites portions of various Internet news sources, social media posts, and legal blogs. These citations, however, are not evidence
Now it comes into focus.
Dennis Mc Intyer is working on Hunter’s case. The same content he spews here, he’s putting in front of an actual Judge.
Trump appointed Judge ruling on a case likely to help Trump, of course, and looking for a better appointment if Trump wins. Obvious conflict of interest.
Oh good grief.
sure…only 10 years on….it is clear Democrats are a PARTY OF CRIMINALS
Trump was impeached twice and investigated for the Russian HOW within WEEKS
Not a Trump fan, but one must admit that he has been ruthlessly investigated by numerous Federal agencies and some State governments since 2015/16… Considering the charges finally lodged against him, not to mention their timing and the public statements of prosecutors (especially state actors), it’s not difficult to conclude that these prosecutions are strictly political in nature and a form of lawfare. Believe what you will, but in my opinion, Trump appears decidedly honest as compared to the vast majority of politicians on the national scene.
And, no, J6 was not an insurrection and the vast majority persons charged are political prisoners.
but you will vote Democrat….because they shower people in Printed Money?
but you will vote Democrat… — guyventner
And why would you assume that…
The fact that a growing number of people share your views is why Trump will win in 2024 and Biden will lose.
I will never vote for Hunter Biden.
A vote for Joe is a vote for Hunter.
Maybe he’ll roll on the Big guy. Wouldn’t that give you some faith in America again, liberty and justice for all?
Not a chance. He will get a pardon after the election.
He might but he won’t get a pardon on the penalties and fines. Remember pay your fair share. What a chitshow we’ve turned into.
I bet Trump might even pardon him along with the J6-ers. That would be interesting.
Never happen, misdemeanor trespass and obstructing a government meeting is nowhere neat the same level as selling out your Country and evading taxes on millions of dollars… obstruction and cover all the way to Gramps Biden.
If Trump wins and Joe does not pardon himself and his family on the way out the door – Trump will.
it is very good politics.
I expect Trump will announce that he will pardon The Biden’s shortly after wining the election – then even if Joe pardon’s them first – Trump gets credited.
While technically a pardon says nothing about Guilt – Trump pardoning the Biden’s makes him look good and them look bad.
Further Trump is going to be rapidly Firing large numbers of people in DOJ and FBI and pardoning the Biden’s makes it look less biased.
I also think Trump should make a truth and reconcilliation offer to democrats involved in all this political lawfare.
After the election Trump should announce that he is appointing a Truth and reconcilliation commission.
That those people involved in election fraud, in illegal government censorship, in illegally weaponizing government for political purposes can come forward confess under oath and receive a full pardon. But if you do not come forward and confess under oath – you will be prosecuted. You run the hearings in secret for a year. At the end of the year pardons are issued all testimony is made public and DOJ starts going after all those who did not come forward.
he will NEVER be found guilty…Democrats voters and judges and DAs and AGs and IRS and DOJ, etc don’t believe in the Rule of LAW