A federal judge on Monday rejected the new attempt Hunter Biden to dismiss the indictment on the federal tax charges.
U.S. District Judge Mark Scarsi ordered that he would not reconsider a dispute son of the president federal prosecutor David Weiss was ineligible to be appointed special counsel, and funding for the investigation and prosecution of Biden was not approved by Congress.
Biden previously filed a motion for dismissal The charges have made another attempt, focusing on Weiss’s appointment, but more recently following several court rulings on the appointment of a special counsel in cases against former President Donald Trump. The previous petition was also denied.
“In accepting his notice of motion, Mr. Biden clearly wants to reconsider the issues already decided in his February motion,” Scarci said. he wrote.
“The Court declines to reach the merits of the motion because there is no valid basis for reconsideration of the Court’s order denying Mr. Biden’s motion to dismiss the indictment,” he said.
Scarsi, who was nominated by Trump, also said the motion was “untimely” because it came after the Feb. 20 deadline he set for the parties in the case.
“The court specifically noted that this was the deadline for motions on the issues the parties intended to raise at that time,” Scarsi wrote.
Waiver after previous motion was rejectedBiden’s attorneys filed a new challenge to Weiss’ prosecutorial authority, citing a similar opinion by Supreme Court Justice Clarence Thomas. ruling on presidential immunity and a decision by a federal judge in Florida to dismiss the classified documents case Against Trump.
In Monday’s order, Scarsi said the court was not bound to follow either opinion.
“Neither Judge Thomas’ opinion nor Judge Cannon’s order is binding precedent,” Scarsi wrote.
Biden’s attorney did not immediately respond to a request for comment Monday night.
Weiss, who was it a special adviser has been appointed Attorney General Merrick Garland said Biden failed pay taxesdid not submit the document, evaded the assessment and filled out a fraudulent form. He pleaded not guilty to the announced charge.
The trial is scheduled to begin in September.
Trump’s nominee, US District Judge Aileen Cannon, last month overturned special counsel Jack Smith’s case against the former president over classified documents, ruling that Smith’s appointment and funding for his investigation were illegal.
In a single-justice plea, Thomas suggested that Smith’s appointment as special counsel raised a potential violation of the Constitution’s provisions regarding the power of appointment and how the office may be created.
Biden’s lawyers they tried get her conviction on a federal weapons charge was fired due to the appointment of a special commissioner. They did not succeed.