Hunter Biden’s legal defense team on Wednesday asked a judge to dismiss the federal tax case against him, arguing that the president’s son has been subjected to a politically motivated prosecution.
At a hearing in Los Angeles, U.S. District Judge Mark C. Scarsi pressed Biden’s attorneys to show evidence to support their claims. He said he would likely rule on the motions to dismiss by April 17.
Biden was not in attendance at the hearing where his legal team—led by Abbe Lowell—argued that GOP lawmakers and former president Donald Trump had an improper influence on the case, leading to the unraveling of a plea deal last summer, according to the Los Angeles Times.
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The defense also argued that the case should be thrown out on the grounds of “outrageous government conduct” after two IRS agents publicly accused the DOJ of giving Biden special treatment—an allegation that both the Justice Department and special counsel David Weiss have denied.
“Is there any evidence that pressure from any outside entity influenced the prosecution team?” Scarsi, an appointee of Trump, asked Lowell. At another point in the hearing, the judge said: “There really is no evidence. You cite to things on the internet.” He also asked if the defense’s argument came down to “where there’s smoke, there’s fire,” according to Politico.
Biden faces nine tax-related charges including three felonies: tax evasion and filing false tax returns. Weiss claims Biden misclassified personal costs as business expenses, his daughter’s tuition and payment to an escort.
The prosecutor has also charged Biden in a separate case in Delaware over allegedly lying on a federal form to purchase a firearm in 2018, saying he was not using or addicted to illegal drugs despite acknowledging an addiction to crack cocaine at the time. The 54-year-old has pled not guilty in both cases and has filed motions to dismiss the charges in the Delaware case too.
Biden was indicted in both cases after a plea deal fell apart in July. He was ready to plead guilty to two misdemeanor tax charges and would have avoided prosecution on the firearms charge if he kept out of trouble as part of the agreement with the DOJ.
Biden would have been given two years of probation if the deal held, but it soon fell apart when a federal judge in Delaware raised concerns about the scope of the agreement.
Biden could now face up to 17 years in prison if convicted on the tax charges alone—and he’ll also have to face two criminal trials this year amid his father’s re-election campaign.
