After Attempted Alford Plea, Hunter Biden Reluctantly Pleads Guilty To Avoid Messy Trial
Hunter Biden's defense attempted to change his plea from 'not guilty' to an 'Alford plea' and thereby avoid a trial.
First son Hunter Biden tried to change his plea to no contest in the tax evasion charges against him, but the judge on the case deferred ruling on the matter.
Jury selection for the case was scheduled to begin on Thursday morning at a federal courthouse in Los Angeles. Biden, 54, had previously pled not guilty to three felony charges and six misdemeanor charges related to tax evasion.
'A plea such as this should not be used to obfuscate the truth.'
However, once the hearing began, his attorneys suddenly announced that Biden intended to change his plea to an Alford plea. An Alford plea is technically a guilty plea in which defendants admit that prosecutors could likely secure a conviction without also having to admit that the allegations against them are true.
Defense attorney Abbe Lowell acknowledged on Thursday that the evidence against Biden is "overwhelming" and claimed that in an effort to bring the case to a quick resolution, Biden has offered to change his plea.
Prosecutors, caught off guard by the sudden turn of events, balked at the offer of an Alford plea.
"Hunter Biden is not innocent. Hunter Biden is guilty," prosecutor Leo Wise told the court. "He is not entitled to plead guilty on special terms that apply only to him."
District Judge Mark Scarsi, appointed by Donald Trump, then declared a short recess, asking all parties to return later that morning.
After court reconvened, Wise reiterated that "the U.S. opposes an Alford plea" in Biden's case.
Lowell argued that "the court is required to accept the plea" and that all the details "can be resolved today," NBC News reported.
Judge Scarsi seemed doubtful. "I haven’t seen a case that tells me I have to accept an Alford plea," he stated.
Scarsi ultimately decided to delay his decision on the matter, asking attorneys for both sides to file briefs to make their case.
"The public justifiably expects the court to seek truth in transparent proceeding," he said during the hearing, per CNN. "A plea such as this should not be used to obfuscate the truth."
According to the DOJ, Hunter Biden willfully neglected to pay at least $1.4 million in federal taxes between 2016 and 2019, using the money to support his "extravagant lifestyle" instead of "paying his tax bills." He also allegedly filed false returns in 2018.
If convicted, he could face up to 17 years behind bars.
In June, a federal jury in Delaware found Hunter Biden guilty of three gun-related charges. He has yet to be sentenced in that case but faces up to 25 years. As it was his first official criminal offense, he is unlikely to receive the maximum penalty.
President Joe Biden has repeatedly insisted he will not pardon his son in either the gun- or the tax-related case. White House press secretary Karine Jean-Pierre reiterated on Thursday that the president will not pardon Hunter. She declined to comment on Hunter Biden's attempted plea change, the AP reported.
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A federal judge on Monday rejected all motions by Hunter Biden’s legal team to have the tax charges against the president’s son dropped.
The post Judge Rejects Hunter Biden’s Bid To Dismiss Tax Charges appeared first on Washington Free Beacon.
A federal judge issued Hunter Biden a decisive legal defeat on Monday.
Earlier this year, Hunter's attorneys filed eight motions to dismiss criminal tax charges against him. Among other reasons, they argued the nine-count indictment should be tossed because:
But United States District Judge Mark Scarsi bought none of Hunter's arguments.
In an extensive 82-page ruling that was handed down weeks before his self-imposed deadline of April 17, Judge Scarsi decimated each argument that Hunter's attorneys made in their motions to dismiss.
Leaning on standard interpretive rules for contracts, Scarsi determined that Biden's pretrial diversion agreement is not in effect, and thus Hunter does not have immunity.
"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 ... is currently in force. It is not," Scarsi ruled.
Scarsi found that Hunter's argument regarding Weiss' appointment — and specifically his appointment as a special counsel — "clearly places form over substance."
That's because Hunter's attorneys conceded multiple times in their filings that Attorney General Merrick Garland has the statutory authority "to appoint a prosecutor."
"Following Defendant’s logic, the Attorney General could have appointed Mr. Weiss 'Designated Counsel' pursuant to the Attorney General’s statutory authority and the issue Defendant complains of would disappear. That the Attorney General used the term 'Special Counsel' instead of some other term similarly indicative of an independent counsel is a distinction without a difference," Scarsi explained.
Moreover, Scarsi determined that "Weiss is lawfully funded through the indefinite appropriation, and the Appropriations Clause has not been violated."
Scarsi not only ruled against Hunter, but the judge scolded Hunter's argument and evidence — or lack thereof.
"As the Court stated at the hearing, Defendant filed his motion without any evidence," Scarsi wrote.
"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," he continued. "To that end, the Court may deny the motion without further discussion."
Still, Scarsi gave Hunter's argument some discussion.
The evidence Hunter's attorneys provided to support their allegations are "only conjecture," Scarsi said. And even then, the judge found those circumstantial allegations to be "thin" — at best.
Hunter's attorneys argued that Hunter's due process rights were violated by the actions of the two IRS whistleblowers, claiming they leaked confidential information about Hunter's taxes.
Not only did Scarsi disagree, but he explained that it would not be appropriate for the court to exercise its "supervisory powers" on the motion.
"Aside from failing to substantiate his allegations that the agents influenced the prosecutorial decision with anything but speculation, Defendant offers no case in which a court exercised supervisory powers to dismiss an indictment due to conduct that impacts the fundamental decision to prosecute," Scarsi wrote.
"Defendant offers no facts to suggest that the information Shapley and Ziegler shared publicly had any prejudicial effect on the grand jury’s decision to return an indictment," he explained. "That Shapley and Ziegler’s public statements brought notoriety to Defendant’s case is not enough to show prejudice."
Abbe Lowell, Hunter's lead attorney, suggested in a statement on Monday that Hunter may appeal Scarsi's ruling.
"We strongly disagree with the Court’s decision and will continue to vigorously pursue Mr. Biden’s challenges to the abnormal way the Special Counsel handled this investigation and charged this case," Lowell said.
Unless Scarsi's ruling is overturned, Monday's decision means the first son is headed to trial, which is scheduled to begin on June 20.
Meanwhile, U.S. District Judge Maryellen Noreika has not yet ruled on Hunter's motions to dismiss his federal gun crimes. Many of his arguments in that case mirror those that Scarsi rejected.
If Noreika takes the same views as Scarsi, Hunter will begin trial for that case on June 3.
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A federal judge on Wednesday appeared skeptical of Hunter Biden’s legal team’s argument that federal officials have been politically motivated in their prosecution of President Joe Biden’s son.
The post 'No Evidence': Judge Unmoved by Hunter Biden's Argument That Prosecution Is Politically Motivated appeared first on Washington Free Beacon.