Judge Slams Hunter Biden Pardon but Tosses California Tax Case

December 4, 2024, 2:53 AM UTC

A federal judge in California threw out Hunter Biden’s tax case Tuesday, while critiquing the pardon issued by President Joe Biden (D) of his son.

Judge Mark C. Scarsi in the US District Court for the Central District of California took issue with Biden’s argument that his son’s prosecution was political and wrote he “assumes the pardon is effective” after the court was provided with a press release, rather than the pardon.

Other judges have rejected that argument he said, adding, “the President’s own Attorney General and Department of Justice personnel oversaw the investigation leading to the charges. In the President’s estimation, this legion of federal civil servants, the undersigned included, are unreasonable people.”

Additionally, the pardon might exceed the scope of Biden’s presidential power, because it applies to conduct on Dec. 1, the day Biden signed it. That could be read as applying to actions not yet taken by Hunter Biden on Dec. 1, said Scarsi, who was appointed by Donald Trump.

But that portion of the pardon can be separated from the part that does require Hunter Biden’s Los Angeles tax case to be dropped. The charges in the case are about events covered by the pardon prior to its signing, Scarsi said.

Scarsi also noted that Biden said his son was “treated differently” from others who paid taxes late due to addiction, but Hunter Biden admitted to the court that he evaded taxes while he was sober.

“The President’s statement illustrates the reasons for the Court’s disapproval, as representations contained therein stand in tension with the case record,” Scarsi said.

Hunter Biden agreed to plead guilty to his Los Angeles charges in September.

The case is U.S. v. Biden, C.D. Cal., No. 2:23-cr-00599-MCS-1, order 12/3/24.


To contact the reporter on this story: Maia Spoto in Los Angeles at mspoto@bloombergindustry.com

To contact the editor responsible for this story: Stephanie Gleason at sgleason@bloombergindustry.com

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