Hunter Biden's top lawyer Abbe Lowell tries to convince LA federal judge to ... trends now
Hunter Biden's attorneys appeared in Los Angeles federal court on Wednesday in a bid to get his tax crimes case dismissed – with Special Counsel David Weiss watching from the public benches.
The First Son’s attorneys were attempting to convince LA federal judge Mark Scarsi to dismiss the nine-count tax crimes case filed against him by Special Counsel David Weiss.
But two hours into the afternoon hearing, Hunter’s top lawyer Abbe Lowell appeared to be on the back foot, with Judge Scarsi telling him there was not ‘any evidence’ filed for some of his legal arguments beyond a timeline.
In July of last year prosecutors and Hunter’s lawyers seemed to be on good terms, poised to go through with a ‘sweetheart’ plea deal that would grant him broad immunity.
But in court on Wednesday the sparks were flying.
Prosecutor Derek Hines called out Lowell for ‘unnecessary’ allegations of ‘unethical and discriminatory behavior’ against Hunter, and Lowell shot back that the government had cast ‘aspersions’ on him and his team.
After more than three hours of legal sparring, Judge Scarsi said he would make an order by April 17 which will decide whether the case continues to go to trial, or will be shot down as Lowell is advocating.
Hunter Biden's legal team appeared in Los Angeles federal court on Wednesday in a bid to get his tax crimes case dismissed
Justice Department prosecutor Leo Wise and Lowell traded blows, with Wise admonishing Lowell for appearing to call him a ‘rank partisan’ and Lowell accusing the Justice Department of ‘succumbing’ to pressure from Republican lawmakers to push a ‘vindictive’ prosecution on the First Son.
Lowell also argued that the whole prosecution was invalid due to the alleged improper appointment of David Weiss as Special Counsel while he was still a US Attorney – as he sat watching in a blue suit from the front row of the public seating in the LA court.
Hunter himself did not make an appearance at the hearing, that is set to decide whether he will face a trial scheduled for June.
Today’s argument gave glimpses of what the jury could be asked to consider at trial, currently slated for June 20.
Lowell argued that charges about the 2018 tax year should be thrown out because they were filed in California, when Hunter allegedly lived in Washington, DC at the time.
Hunter's legal team has argues Special Counsel David Weiss was improperly appointed, making any prosecution he launches invalid
Judge Scarsi pointed out that Hunter agreed in his now-defunct plea deal documents that he ‘moved to California in the spring of 2018’, but added that it would be ‘for the jury to decide’ the truth.
Lowell also adopted a cunning legal strategy to argue that the First Son could not be tried for failure to pay taxes, because his ‘willful’ evasion of the IRS started even earlier than prosecutors alleged.
The attorney told the court that texts with his ex-wife Kathleen show he knew he had failed to pay his taxes in 2016, starting the clock for the five-year statute of limitations ticking then, rather than in 2018 or 2020 as prosecutors claim, when his accountants told him he needed to pay.
The move could mean Hunter gets off on those charges by arguing that he actually broke the law for longer than prosecutors say.
Lowell did not shy away from criticizing his client, saying that in previous years the First Son was a ‘drug addict’ who ‘did ridiculously stupid things’ while ‘in the depths of his addiction’.
The First Son's attorneys were attempting to convince LA federal judge Mark Scarsi to dismiss the nine-count tax crimes case filed against him by Special Counsel David Weiss.
Lowell claimed the prosecution had been tainted by interference from IRS whistleblowers, saying their disclosures to Congress alleging a slow-rolled and stymied investigation led to top Republicans to put pressure on the Justice Department to cancel its plea deal and charge Hunter with felonies.
‘These two agents started the dominos,’ Lowell said. ‘When was the last time a chair of a congressional committee sought intervention to stop a plea deal?’
Wise hit back that the claim he was influenced by former IRS agents was ‘patently absurd’, adding ‘I couldn’t pick them out of a lineup’.
‘The defense’s problem is… they offer no proof,’ Wise said. ‘Other than insulting us, where is the proof?’
Scarsi also appeared skeptical of Lowell’s argument, grilling the attorney to answer whether he had any other evidence beyond a timeline.
Judge Scarsi told Lowell that his legal filings claiming political influence in the prosecution were ‘not filed with any evidence’ beyond a timeline, saying they ‘contain a lot of citations to things on the internet… but these aren’t evidence in the court.’
The First Son's attorneys were attempting to convince LA federal judge Mark Scarsi (pictured) to dismiss his nine-count tax crimes
When asked what his evidence was beyond a timeline of events, Lowell told Scarsi: ‘It’s a timeline, but it’s a juicy timeline.’
Lowell argued that Hunter’s planned plea deal giving him immunity from future tax charges still stands because Hunter and prosecutors signed it.
But Wise pointed out that a third signature was required: the US chief probation officer, and quoted from a declaration of a witness at the Delaware July hearing where the deal fell apart, stating that the officer expressly declined to sign it.
Wise said Hunter’s previous lawyer, Chris Clark, contradicted himself and
