Hunter Biden’s legal team “invented” reasons why special counsel David Weiss’ appointment to the case was allegedly illegal, prosecutors argued in a new filing, as they asked a judge to uphold the first son’s tax evasion case.
The latest bid by President Biden’s son to toss the felony charges against him is his “fourth attempt at halting the prosecution of this case based on invented deficiencies in the appointment and funding of Special Counsel Weiss,” Weiss’ office argued in a Monday filing in California federal court.
Earlier this month, Hunter’s legal team tried yet again to get the case accusing him of failing to pay $1.4 million in taxes to the IRS dismissed — calling Weiss’ appointment and the funding to prosecute the Biden scion unconstitutional.
Hunter’s motion to dismiss kicked off a fresh wave of legal salvos, resulting in Judge Mark Scarsi threatening to sanction his team for lying.
Hunter’s attorneys have fought back, denying that they lied and saying they simply misused one word — “charges,” when they should have written “indictments” — and the rest of their legal arguments should stand. They argue that Weiss failed to bring a case against Hunter until after Weiss was elevated from Delaware US Attorney to special counsel.
“However, changing one word does not resolve the issues, as these statements continue to be misleading by suggesting that United States Attorney Weiss failed to take action against the defendant until after he became special counsel,” the filing claims. “That is patently incorrect.”
In fact, Weiss first brought charges against Hunter, 54, when he was the Delaware US Attorney in a case that the first son had planned to plead guilty to — until the prosecution agreement notoriously blew up in court.
Hunter is slated to go on trial in September in the tax case.
Separately, he was convicted in Delaware in June of illegally owning a gun while hooked on drugs and he’s seeking to get that verdict overturned also using the argument that Weiss was allegedly illegally appointed.
Despite, Scarsi rejecting three prior bids to throw out the case, Hunter’s camp filed the latest attempt days after the Florida federal documents case against Donald Trump was tossed because of the wrongful appointment of special counsel Jack Smith.
Smith’s office is appealing that ruling.
Scarsi has pointed out that Hunter’s team glossed over a glaring difference between Smith and Weiss’ appointments — namely that Smith was appointed by US Attorney General Merrick Garland and wasn’t confirmed by Congress, while Weiss was previously confirmed by the legislature into his role as Delaware US attorney before he was elevated to the special counsel post.
Hunter’s lawyers didn’t immediately return a request for comment Tuesday morning.