The Los Angeles judge who handled Hunter Biden’s federal tax case criticized President Biden on Tuesday for misrepresenting the facts of his son’s criminal case when he announced this week that he had pardoned him.
In a brief order, U.S. District Judge Mark Scalsi criticized Hunter Biden’s lawyers for failing to provide a copy of the pardon signed by President Biden and further challenged the president’s explanation of the pardon. , said it defamed federal law enforcement and the judicial system.
The outspoken criticism of the sitting president by a federal judge comes as both Republicans and Democrats respond to the president’s unusual decision Sunday to pardon his son for all his crimes, after he had repeatedly said he would not pardon any crimes committed over the course of 11 years. This further intensifies the criticism.
On Tuesday, Gov. Gavin Newsom also accused the president of reneging on his promise.
Mr. Scalsi, who was appointed to the federal bench by then-President Trump, disputed claims of unequal and biased treatment brought forward by the president in a tax case to spare his son a prison sentence. The pardon also vacated the verdict of a Delaware jury that convicted Hunter Biden of illegally purchasing a handgun.
“The president claims that Mr. Biden was ‘treated differently’ than other people who were ‘severely addicted and delayed in paying their taxes,'” Scalsi wrote. The judge explained what he considered to be the flaws in that thinking. Hunter Biden had previously pleaded guilty to tax evasion that occurred after he got sober by misclassifying personal expenses such as luxury clothing, escort services, and his daughter’s tuition as business expenses.
Scalsi also questioned President Biden’s claim that no “reasonable person” could reach “any other conclusion” than that Hunter Biden was chosen because of his last name.
“However, two federal judges specifically rejected Mr. Biden’s argument that the government prosecuted him because of his family ties to the president,” Scalsi wrote. “And the president’s own attorney general and Justice Department officials oversaw the investigation that led to the charges.
“In the President’s assessment, this corps of federal civil servants, including the undersigned, are unreasonable people,” the judge wrote.
Scalsi said President Biden has “broad authority to grant reprieves and pardons for crimes against the United States…But nowhere in the Constitution does the president have the power to rewrite history.”
In his ruling, Scalsi cancels Hunter Biden’s sentencing hearing scheduled for Dec. 16, but does not intend to end the case until a pardon signed by President Biden is formally filed. said.
Hunter Biden’s attorney did not respond to a request for comment.
Separately, the judge questioned the content of the pardon, noting that it covers acts “until December 1st,” but that it was signed on the same day.
“The writ may apply in the future to acts that have not yet occurred at the time of execution, beyond the scope of the pardon power,” Scalsi wrote. Scalsi said he understood the pardon to cover acts “up to the time of execution” on Sunday.
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