Special counsel says no ‘evidence of vindictive or selective prosecution’ in Hunter Biden case
David Weiss, the justice department special counsel who successfully prosecuted Hunter Biden on fraud and gun charges, hit back at Joe Biden’s assertion that his son has been unfairly prosecuted.
In a filing opposing the dismissal of Hunter Biden’s tax fraud case in California, Weiss said:
The defendant filed eight (8) motions to dismiss the indictment, making every conceivable argument for why it should be dismissed, all of which were determined to be meritless. Of note, the defendant argued that the indictment was a product of vindictive and selective prosecution. The Court rejected that claim finding that “[a]s the Court stated at the hearing, Defendant filed his motion without any evidence. And there was none and never has been any evidence of vindictive or selective prosecution in this case.
Biden pleaded guilty to the tax charges, after a jury in Delaware earlier this year found him guilty of lying about his drug use on a background check form he filled out to purchase a firearm.
In the filing, Weiss argued against dismissing the tax case, saying that it should instead be closed, with no further action taken against Biden. Here’s more from Weiss:
The defendant did not docket the pardon nor has the government seen it. If media reports are accurate, the Government does not challenge that the defendant has been the recipient of an act of mercy. But that does not mean the grand jury’s decision to charge him, based on a finding of probable cause, should be wiped away as if it never occurred. It also does not mean that his charges should be wiped away because the defendant falsely claimed that the charges were the result of some improper motive. No court has agreed with the defendant on these baseless claims, and his request to dismiss the indictment finds no support in the law or the practice of this district.
Key events
More Democrats signal discomfort with pardon of Hunter Biden
An increasing number of Democrats is voicing their objections to Joe Biden’s decision to pardon his son, Hunter Biden, who was expected to soon be sentenced on federal tax and gun charges.
In a statement released last night, the president said he had opted to pardon Hunter because he believed he was a victim of “selective prosecution” that was intended to undermine his sobriety. In the hours since, several Democrats have said they disagreed with its decision, because it undermined Biden’s stated commitment to the rule of law.
Among those newly speaking out are Vermont senator Peter Welch, who wrote on X:
President Biden’s pardon of his son Hunter is, as the action of a loving father, understandable—but as the action of our nation’s Chief Executive, unwise.
And Colorado congressman Jason Crow:
The Hunter Biden pardon was a mistake. I sympathize with a father’s love, especially in a family that has experienced so much personal tragedy. I also understand the legal arguments in favor of a pardon. But Presidential pardons are never judged solely on the merits of the case, particularly when it involves a family member. Presidents hold enormous power and responsibility and must be held to a higher standard. They must instill trust and promote the American people’s faith in their democracy. And right now, upholding the fabric of our democracy is one of our most important tasks.
We have yet to hear from the top Democrats in Congress, House minority leader Hakeem Jeffries and Senate majority leader Chuck Schumer. Nancy Pelosi, the former House speaker who remains influential in the party, also has not commented publicly.
While Donald Trump did not mention Hamas specifically, the group is plainly aware that he will soon be the next US president, and in a recently released video, an Israeli-American hostage appealed to Trump to make a deal for his release. Here’s more, from the Guardian’s Edward Helmore:
The White House has condemned a Hamas-issued propaganda video of Israeli-American hostage Edan Alexander urging president-elect Donald Trump and Israeli prime minister Benjamin Netanyahu to make a deal to free remaining hostages in Gaza, calling it “a cruel reminder of Hamas’s terror against citizens of multiple countries, including our own”.
In the video, titled “Soon … Time is running out” and posted on Saturday on the Telegram channel of Hamas’s military wing, the Qassam Brigades, Alexander calls on Trump to use his “influence and the full power of the United States to negotiate for our freedom”.
Alexander, who has been held by Hamas since 7 October 2023, appears to be under duress as he states that he has been held captive for more than 420 days.
“Please do not make the mistake Biden has been doing,” he says, adding that he does not want to “end up dead like my fellow USA citizen, Hersh”, a reference to American-Israeli Hersh Goldberg Polin, who was killed while being held by Hamas in August.
Alexander’s family authorized the release of the video, which includes footage of the young captive covering his face with his hands and crying.
Trump demands release of Middle East hostages before he takes office, or ‘there will be ALL HELL TO PAY’
Donald Trump has issued a vague threat to groups who have taken hostages in the Middle East, telling them, to release their captives before his inauguration or else “there will be ALL HELL TO PAY”.
The message, posted on Truth Social, follows news that Omer Neutra, a US-Israeli citizen believed to be taken captive by Hamas in the Gaza Strip, has been dead since the 7 October attack. Dozens of other hostages, a small number of whom have US citizenship, are believed to remain the group’s captivity.
Here’s what Trump wrote, on Truth:
Everybody is talking about the hostages who are being held so violently, inhumanely, and against the will of the entire World, in the Middle East – But it’s all talk, and no action! Please let this TRUTH serve to represent that if the hostages are not released prior to January 20, 2025, the date that I proudly assume Office as President of the United States, there will be ALL HELL TO PAY in the Middle East, and for those in charge who perpetrated these atrocities against Humanity. Those responsible will be hit harder than anybody has been hit in the long and storied History of the United States of America. RELEASE THE HOSTAGES NOW!
Raskin seeks judiciary committee leadership role
Jamie Raskin, the Maryland congressman and long-time critic of Donald Trump, is seeking to become the top Democrat on the House judiciary committee, CNN reports.
The network said it obtained a letter from Raskin declaring his intention to challenge New York representative Jerry Nadler for the role as ranking member, setting up what it calls an “intraparty fight”.
Raskin wrote that he had spent a week consulting colleagues and “engaging in serious introspection” about running for the senior committee role:
This is where we will wage our front-line defense of the freedoms and rights of the people, the integrity of the Department of Justice and the FBI, and the security of our most precious birthright possessions: the Constitution and the Bill of Rights, the rule of law, and democracy itself.
The New Yorker has published details from a “previously undisclosed whistleblower report” that allegedly led to the departure of Pete Hegseth, Donald Trump’s pick for defense secretary, from two veterans’ advocacy groups.
The Fox News host faced “serious allegations of financial mismanagement, sexual impropriety, and personal misconduct” that saw him forced to step down from Veterans for Freedom and Concerned Veterans for America (CVA), two nonprofits he ran.
A “trail of documents” includes claims Hegseth was “repeatedly intoxicated while acting in his official capacity – to the point of needing to be carried out of the organization’s events”, during his 2013-2016 presidency of the CVA, the New Yorker reported.
Under Hegseth’s leadership, the seven-page report alleges, the organization became a “hostile workplace that ignored serious accusations of impropriety, including an allegation made by a female employee that another employee on Hegseth’s staff had attempted to sexually assault her” at a Louisiana strip club.
Tim Parlatore, an attorney for Hegseth, told the magazine the claims were “outlandish” and fueled by a “petty and jealous disgruntled former associate”.
Read my colleague Jessica Glenza’s story here:
Biden arrives in Angola to tout US investments
Joe Biden, aboard Air Force One, has landed in Luanda for a two-day visit to Angola, Reuters reports. It is his first and only trip to the African continent as US president.
He will deliver remarks at the National Slavery Museum in Luanda and travel to the port city of Lobito to highlight US investments in the region, the news agency said.
Joe and Jill Biden say they are “devastated and outraged” by the reported death of American-Israeli soldier Omer Neutra, who was thought to have been a hostage in Gaza but who is now feared to have died in the Hamas terrorist attack on 7 October 2023.
In a White House statement Monday, the president and first lady said Neutra, a Long Island native and Israeli Defense Forces tank commander who was 21 on the day of the attack, had planned to return to the US for college, and was dedicated “to building peace”:
Less than a month ago, Omer’s mother and father joined me at the White House to share the pain they’ve endured as they prayed for the safe return of their son – pain no parent should ever know. They told me how Omer’s grandparents were Holocaust survivors and how their family’s strength and resilience has been carried through the generations.
During this dark hour – as our nation joins Omer’s parents, brother, and family in grieving this tragic loss – we pray to find strength and resilience. And to all the families of those still held hostage: We see you. We are with you. And I will not stop working to bring your loved ones back home where they belong.
The day so far
Joe Biden’s pardon of his son Hunter Biden, who pleaded guilty to federal tax evasion charges and was convicted of firearms charges, has attracted condemnation from his Republican adversaries and even from some Democrats. The White House defended the move, with press secretary Karine Jean-Pierre saying “it was not an easy decision to make”, and that Biden still has confidence in the justice department even after he said his son was a victim of “selective prosecution”. The president is en route to Angola as he makes the first visit by a US president to sub-Saharan Africa since 2015.
Here’s what else has happened today so far:
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Jean-Pierre said Biden will announce more pardons and grants of clemency in the final weeks before he leaves office.
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Some Democrats have defended Biden’s pardon of his son, including New Jersey congressman Josh Gottheimer.
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Legal experts said the Biden’s pardon of his son was unusual in its scope, and comparable only to the pardon former president Gerald Ford gave to his predecessor, Richard Nixon.
At least one Democratic congressman has come out to say he understands why Joe Biden pardoned his son Hunter Biden.
That would be Josh Gottheimer of New Jersey, who told CNN:
I’ve said, I’m always for accountability. But what I’m not for are political prosecutions. And, let’s be honest, the only reason why they went after Hunter the way they did, and I’ve talked to many federal prosecutors about this, is because he’s the president’s son, right? It’s somebody who has a lifelong drug addiction, and prosecutors would have handled this differently. So, this was all politically motivated. So, I understand.
…
He should have been handled – given his addiction, he should have been – this shouldn’t have been handled differently. This was a political prosecution.
The ranks of Democrats objecting to Joe Biden’s pardon of his son Hunter Biden are increasing, albeit not dramatically.
The latest to speak out is Colorado senator Michael Bennet, who said on X:
President Biden’s decision put personal interest ahead of duty and further erodes Americans’ faith that the justice system is fair and equal for all.
Interestingly, the state’s Democratic governor Jared Polis was among the first in the party to condemn Biden for the decision.
Presidents can grant clemency and issue pardons at any time, but traditionally step up the tempo as they near the end of their time in the White House.
Jean-Pierre said that Biden will make more decisions about these cases in the weeks to come.
“He’s thinking through that process very thoroughly. There’s a process in place, obviously, and so … I’m not going to get ahead of the president on this, but you could expect more announcements, more pardons and clemency … at the end of this term,” she said.
As she continued taking questions from reporters, Jean-Pierre signaled that Joe Biden decided to pardon his son as it became clear that his political enemies would continue prosecuting him.
It appeared to be a nod towards the incoming Donald Trump administration, who could pursue further legal action against Hunter Biden once they take office.
“We have seen in last five years or so, the president’s political opponents say this … this is not the President saying it. They said it themselves. They were going after Hunter Biden and so he made this decision,” Jean-Pierre said.
White House spokeswoman defends Hunter Biden pardon
Taking questions from reporters aboard Air Force One as Joe Biden travels to Angola, White House press secretary Karine Jean-Pierre is attempting to explain why the president changed his mind and opted to pardon his son.
Biden has said for months that he would not exercise his presidential powers to end the prosecutions of his son on tax fraud and gun charges, even as it became clear that Hunter Biden could serve jail time after pleading guilty to the former, and being convicted of the latter.
Jean-Pierre, who as recently as last month said Joe Biden would not pardon his son, partially explained why he changed his mind.
“He wrestled with it. It was not an easy decision to make,” Jean-Pierre said, while declining to say if the president discussed the decision with Hunter as they spent Thanksgiving together.
In his statement pardoning Hunter, Biden criticized the “selective prosecution” of his son. Asked if the president still has confidence in the justice department, Jean-Pierre said: “The president does believe in the justice system and the Department of Justice. And he also believes that his son was singled out politically.”
From the Guardian’s Ed Pilkington, here’s more on Kash Patel, Donald Trump’s choice to lead the FBI who may wind up being his most controversial nominee since his short-lived pick of Matt Gaetz to lead the justice department:
Donald Trump’s plan to nominate as FBI director the “deep state” conspiracy theorist Kash Patel, a virulent critic of the bureau who has threatened to fire its top echelons and shut down the agency’s headquarters, is facing blowback in Congress as US senators begin to flex their muscles ahead of a contentious confirmation process.
Politicians from both main parties took to the Sunday talk shows to express starkly divergent views on Patel, whom Trump announced on Saturday as his pick to lead the most powerful law enforcement agency in the US. The move is dependent on the incumbent FBI chief, Christopher Wray, who Trump himself placed in the job in 2017, either being fired or resigning.
It is already clear that confirming Patel through the US Senate is likely to be less than plain sailing. Mike Rounds, a Republican senator from South Dakota, indicated that Patel could face a tough confirmation battle.
Rounds pointedly sang the praises of the existing FBI director in an interview with ABC’s This Week. He said that Wray, who still has three more years of his 10-year term to serve, was a “very good man”, adding that he had “no objections about the way that he is doing his job right now”.
The senator also emphasised the separation of powers between president and Senate, signaling possible trouble for Patel. Rounds said he gave presidents “the benefit of the doubt”, but also emphasised that “we have a constitutional role to play … that’s the process”.
Other Republican senators rallied to Patel’s side. Ted Cruz, the senator from Texas, told CBS’s Face the Nation that he believed Patel would be confirmed.
“Patel is a very strong nominee to take on the partisan corruption of the FBI.”
Another story to watch this week is the reaction of Donald Trump’s nomination of Kash Patel to lead the FBI.
An unabashed Trump loyalist, Patel has claimed that the federal law enforcement agency is biased against Trump, and vowed to close its Washington headquarters and prosecute some agents as well as journalists. Patel worked as a national security and defense official in the first Trump administration, where some of his colleagues described him as unqualified for the job he was holding.
Those complaints may come back to haunt him when the Senate gets around to considering his nomination. The Wall Street Journal heard from two of Patel’s former colleagues, who offered starkly different views of his qualifications to lead the nation’s premier federal law enforcement agency:
“He’s coming from outside the system,” said Michael Spivack, who worked with Patel when he was a federal public defender in Florida more than a decade ago. “If you really want to change the system, you need bright intelligent people coming from the outside.”
But some who supervised Patel during the first Trump administration warn that he is unfit for the job.
“He’s absolutely unqualified for this job. He’s untrustworthy,” said Charles Kupperman, who served as Trump’s deputy national-security adviser and worked closely with Patel. “It’s an absolute disgrace to American citizens to even consider an individual of this nature,” he said.
A second Democratic congressman representing a swing district has objected publicly to Joe Biden’s pardon of his son Hunter Biden.
Greg Landsman, who just won re-election representing to a district encompassing the city of Cincinnati, wrote of the pardon on X:
As a father, I get it. But as someone who wants people to believe in public service again, it’s a setback.
More top House Republicans joined in on condemning Joe Biden’s pardon of his son Hunter.
Including the majority leader, Steve Scalise, who wrote on X:
You’ve been lied to every step of the way by this Administration and the corrupt Biden family. This is just the latest in their long coverup scheme. They never play by the same rules they force on everyone else. Disgraceful.
And judiciary committee chair Jim Jordan, a leader of the effort to impeach the president for alleged corruption. He said:
Democrats said there was nothing to our impeachment inquiry. If that’s the case, why did Joe Biden just issue Hunter Biden a pardon for the very things we were inquiring about?
Republican House speaker says justice system ‘irreparably damaged’ by Hunter Biden pardon
House Republicans have spent the past two years attempting to prove that Hunter Biden’s overseas business dealings and legal troubles are evidence of wider corruption involving Joe Biden and his family. They never turned up enough evidence to prove the link, and their attempt to impeach the president fell flat.
Leading the pursuit of the president and his son was House speaker Mike Johnson, who had this to say about Joe Biden’s decision to pardon Hunter:
President Biden insisted many times he would never pardon his own son for his serious crimes. But last night he suddenly granted a “Full and Unconditional Pardon” for any and all offenses that Hunter committed for more than a decade! Trust in our justice system has been almost irreparably damaged by the Bidens and their use and abuse of it. Real reform cannot begin soon enough!
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