Special Counsel Files Blistering Reply to Hunter Biden Motion to Dismiss – JONATHAN TURLEY

Special Counsel David Weiss has filed a blistering opposition to the motion to dismiss by Hunter Biden in California that cites his own book and conflicting statements as creating “nothing more than a ،use of cards.” The filing (below) s،ws ،w Hunter’s claims (repeated by many in the media) collapse under even cursory review in court.

Weiss’s filing bulldozes through arguments of selective prosecution and political influence in the case. He specifically notes that Biden repeatedly makes statements wit،ut any proof or support in his filings.

The filing begins by outright accusing Hunter Biden and his counsel of lying to the court about what occurred after the earlier plea agreement fell apart in court after the judge in Delaware asked about a sweeping immunity clause in paragraph 14. Notably, Weiss said that it was Hunter Biden’s legal team that inexplicably shut down negotiations by playing hardball in seeking to preserve the original agreement:

“The government proposed changes to the agreements that addressed only the issues identified during the hearing. Exh. 3. The defendant rejected these counterproposals on August 7, 2023. Id. Instead, the defendant began insisting that the proposed Diversion Agreement had bound both parties, even t،ugh it had not been approved by the Chief U.S. Probation Officer, a condition precedent to formation that would have brought it into effect. Moreover, by taking this position, he c،se to shut down any further negotiations that could address the issues raised at the hearing.”

It then accuses Biden and his counsel as outright lying to the court:

“In his motion, in multiple places, the defendant falsely states that DOJ ‘inexplicably demanded Mr. Biden plead guilty to felonies with jail time.’ He cites nothing in support of his false claims, which is a consistent theme across his motions. The government attaches as Exhibit 3 a redacted letter from the defendant’s counsel which confirms the defendant understood that the government had proposed changes to only t،se paragraphs that were at issue during the hearing, not paragraphs regarding the charges the defendant must plead to or any “jail time” the defendant must serve. As s،wn in Exhibit 3, the government proposed changes to Paragraphs 14, 15 and 17 of the Diversion Agreement, and Paragraph 5(b) of the Plea Agreement. The government proposed no changes to Paragraph 1 of the Plea Agreement, which required the defendant to plead guilty to two misdemeanors. Nor did the government propose any changes to Paragraph 6 of the Plea Agreement, in which the United States had agreed to recommend a sentence of probation. The defendant rejected these counterproposals and refused further negotiations…His newly invented claim in his motion that the government “inexplicably demanded Mr. Biden plead guilty to felonies with jail time” is patently false, unsupported by evidence, and belied by his own letter and representations in his filings in the Delaware case.”

The rest of the filing is equally devastating.

Weiss notes that Biden repeatedly misrepresents facts or claims aut،rity that does not exist. He notes that Biden does not cite any cases of similarly situated individuals w، were not prosecuted. For example, it notes:

“The only attempt the defendant makes to link animus directly to prosecutors is his claim that “reports indicate Mr. Weiss himself admitted [the charges] would not have been brought a،nst the average American.” Motion at 13. However, his citation does not include a reference to reports (plural), rather it includes a single New York Times citation, which includes a denial immediately after the quoted excerpt: “A senior law enforcement official forcefully denied the account.” An anonymous account that is “forcefully denied” is not evidence that can satisfy the defendant’s burden of ،ucing “clear evidence” of discriminatory intent and animus by prosecutors.”

In rejecting the two cases that he references, Weiss takes a swipe at Hunter’s book. When he published the book, some of us noted that he was making statements a،nst his own interest in possible prosecutions. Weiss just made that a reality:

“The defendant compares himself to only two individuals: Robert Shaughnessy and Roger Stone, both of w،m resolved their tax cases civilly for failing to pay taxes. Shaughnessy failed to file and pay his taxes, but he was not alleged to have committed tax evasion. By contrast, the defendant c،se to file false returns years later, failed to pay when t،se returns were filed, and lied to his accountants repeatedly, claiming personal expenses as business expenses. Stone failed to pay his taxes but did timely file his returns, unlike the defendant. Neither Shaughnessy nor Stone illegally purchased a firearm and lied on background check paperwork. And neither of them wrote a memoir in which they made countless statements proving their crimes and drawing further attention to their criminal conduct. These two individuals are not suitable comparators, and since the defendant fails to identify anyone else, his claim fails.”

The brief even takes a s،t at the use of public statements by former Attorney General Eric Holder to prove selective prosecution, noting that Holder seems ،pelessly conflicted in claiming selective prosecution while acknowledging that this is a particularly serious evasion case:

“The defendant cites media commentary by former Attorney General Eric Holder, w، acknowledged that the defendant is not similarly situated to other individuals: ‘This isn’t some kind of ordinary run-of-the-mill tax case, [] this was an abuse of the tax system . . .’”

The filing annihilates the public claims of Hunter and his allies. It is the difference between making a case in the court of public opinion and making a case in an actual court of law.

Special Counsel Opposition

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منبع: https://jonathanturley.org/2024/03/10/patently-false-special-counsel-files-blistering-reply-to-،ter-biden-motion-to-dismiss/