The judge thwarts Hunter Biden's attempt to utilize the dismissal of Trump's document case as a basis for dismissing his own tax proceedings.
Judge Mark Scarsi in Los Angeles made his decision solely based on technical and procedural aspects, concluding that Hunter Biden's request came too late and was essentially an attempt to reconsider a matter that he previously dismissed and rejected earlier.
Despite this ruling, Hunter Biden won't receive the same leniency that Trump did. David Weiss, the special counsel, can proceed with his case against President Joe Biden's son, who pleaded not guilty to nine tax-related charges.
The judge didn't delve into the merits of Hunter Biden's challenge. He argued, similar to Trump, that the special counsel charging him was unconstitutionally appointed and inappropriately funded.
There are significant distinctions between Weiss and the special counsel handling Trump's case, Jack Smith. Weiss was the Senate-confirmed US attorney in Delaware when he began the Hunter Biden investigation, whereas Smith was appointed as special counsel by the attorney general and has not held any Senate-confirmed position.
The same argument Trump made was validated by the judge in charge of his classified documents case, Aileen Cannon. Both judges were appointed by Trump.
Scarsi wrote, "The Court has already ruled on Mr. Biden's objections related to the Appointments and Appropriations Clauses in his timely filed motion to dismiss. There's no need to revisit this decision now."
He added that there's no valid ground for reconsideration and that neither Justice Thomas's opinion nor Judge Cannon's order constitutes binding precedent.
This ruling on Monday is just one of many setbacks for Hunter Biden, who was convicted in June of three felony gun charges in a different case and will be sentenced following the November election.
In an attempt to avoid the tax trial, which is set to commence early next month, Hunter Biden seized on Cannon's ruling in July. However, Scarsi reprimanded his legal team for including false statements in their motion and threatened to impose sanctions for misrepresenting the case's history.
Hunter Biden's lawyers claimed their filing was poorly written without any intention to mislead the court.
In a seven-page order, Scarsi stated on Monday that he would not punish the lawyers, but issued a stern warning, emphasizing, "counsel's conduct demands an admonition: honesty is paramount."
A hearing is scheduled for Wednesday where Scarsi will hear debates over attempts by Hunter Biden and Weiss to exclude certain evidence and witnesses from the trial.
Despite the judge's decision being based solely on technical and procedural aspects, the ongoing politics surrounding Hunter Biden's tax case continue to impact its progress.
The judge's ruling notwithstanding, the political controversies surrounding the investigation and the special counsel's appointment remain a significant part of the narrative surrounding Hunter Biden's case.
