Judge criticizes president's attempt to 'rewrite history' regarding Hunter Biden's tax offenses
A judge appointed by Trump has canceled Hunter Biden’s sentencing, while also indicating that the extent of the president's pardon might be unconstitutional.
TroibNews 
A federal judge overseeing Hunter Biden's tax evasion case criticized President Joe Biden's assertion that the charges were politically motivated, suggesting that the broad pardon he issued might be flawed.
In an order released on Tuesday evening, U.S. District Judge Mark Scarsi agreed to conclude the tax-related criminal proceedings against Hunter Biden in Los Angeles. However, he sharply criticized the president in the process.
“The president’s own attorney general and Department of Justice personnel oversaw the investigation leading to the charges,” wrote Scarsi, who was appointed by President Donald Trump. “In the President’s estimation, this legion of federal civil servants … are unreasonable people.”
Scarsi pointed out that the president's statement claiming Hunter Biden was “singled out only because he is my son” contradicted findings made by Scarsi himself and another federal judge, Maryellen Noreika, who handled a separate gun-related case in Delaware. Both judges determined that Hunter Biden was not a victim of selective or vindictive prosecution. Scarsi also disputed factual claims made by the president regarding his son's drug use, noting that some of Hunter Biden's offenses occurred after he had reportedly regained sobriety.
“A press release is not a pardon,” Scarsi remarked. “The Constitution provides the President with broad authority to grant reprieves and pardons for offenses against the United States … but nowhere does the Constitution give the President the authority to rewrite history.”
Furthermore, Scarsi dedicated over a page of his five-page order to discussing whether part of the pardon might have ventured into unconstitutional territory. The president's pardon covered the period from Jan. 1, 2014, to Dec. 1, 2024—the date it was signed. Scarsi observed that this could suggest coverage of the few hours on Dec. 1 that hadn’t yet passed when the pardon was granted. He noted that such a “prospective” pardon could be interpreted as “exceeding the scope of the pardon power.” Nonetheless, Scarsi declared he would treat the pardon as valid for the tax case he oversaw, which was specifically mentioned in the broader clemency.
The White House has not yet responded to requests for comment.
On the day Hunter Biden's trial on tax charges was scheduled to begin in September, he instead pleaded guilty to all charges against him, comprising three felonies and six misdemeanors. This decision came about three months after a week-long trial in Delaware, where a federal jury took approximately three hours to convict him on three felony charges related to his 2018 handgun purchase.
Scarsi's order on Tuesday formally canceled Hunter Biden's sentencing, originally set for Dec. 16 in the tax case. Earlier that day, Noreika dismissed all proceedings related to the gun case, which had sentencing scheduled for the following week in her Wilmington, Delaware courtroom.
Both cases were prosecuted by David Weiss, who was appointed U.S. Attorney for Delaware by Trump and later designated as special counsel by Attorney General Merrick Garland in August 2023.
Mark B Thomas contributed to this report for TROIB News
In an order released on Tuesday evening, U.S. District Judge Mark Scarsi agreed to conclude the tax-related criminal proceedings against Hunter Biden in Los Angeles. However, he sharply criticized the president in the process.
“The president’s own attorney general and Department of Justice personnel oversaw the investigation leading to the charges,” wrote Scarsi, who was appointed by President Donald Trump. “In the President’s estimation, this legion of federal civil servants … are unreasonable people.”
Scarsi pointed out that the president's statement claiming Hunter Biden was “singled out only because he is my son” contradicted findings made by Scarsi himself and another federal judge, Maryellen Noreika, who handled a separate gun-related case in Delaware. Both judges determined that Hunter Biden was not a victim of selective or vindictive prosecution. Scarsi also disputed factual claims made by the president regarding his son's drug use, noting that some of Hunter Biden's offenses occurred after he had reportedly regained sobriety.
“A press release is not a pardon,” Scarsi remarked. “The Constitution provides the President with broad authority to grant reprieves and pardons for offenses against the United States … but nowhere does the Constitution give the President the authority to rewrite history.”
Furthermore, Scarsi dedicated over a page of his five-page order to discussing whether part of the pardon might have ventured into unconstitutional territory. The president's pardon covered the period from Jan. 1, 2014, to Dec. 1, 2024—the date it was signed. Scarsi observed that this could suggest coverage of the few hours on Dec. 1 that hadn’t yet passed when the pardon was granted. He noted that such a “prospective” pardon could be interpreted as “exceeding the scope of the pardon power.” Nonetheless, Scarsi declared he would treat the pardon as valid for the tax case he oversaw, which was specifically mentioned in the broader clemency.
The White House has not yet responded to requests for comment.
On the day Hunter Biden's trial on tax charges was scheduled to begin in September, he instead pleaded guilty to all charges against him, comprising three felonies and six misdemeanors. This decision came about three months after a week-long trial in Delaware, where a federal jury took approximately three hours to convict him on three felony charges related to his 2018 handgun purchase.
Scarsi's order on Tuesday formally canceled Hunter Biden's sentencing, originally set for Dec. 16 in the tax case. Earlier that day, Noreika dismissed all proceedings related to the gun case, which had sentencing scheduled for the following week in her Wilmington, Delaware courtroom.
Both cases were prosecuted by David Weiss, who was appointed U.S. Attorney for Delaware by Trump and later designated as special counsel by Attorney General Merrick Garland in August 2023.
Mark B Thomas contributed to this report for TROIB News
