On December 2, 2024, special counsel David Weiss's office stated that there was no evidence of selective prosecution in the case against Hunter Biden. This response was made in filings to a federal judge in Delaware, asserting, “There has never been any evidence of vindictive or selective prosecution in this case. ” In another filing in California, prosecutors repeated that there was never evidence supporting allegations of selective prosecution. This follows President Biden's announcement of a pardon for Hunter, which he claimed was necessary due to his son being “selectively, and unfairly, prosecuted. ”
Prosecutors highlighted that multiple judges, including those appointed by Biden, have previously dismissed similar claims from Hunter Biden. They noted that Hunter Biden pleaded guilty to tax charges in California and was convicted of gun-related offenses in Delaware. The president's pardon covers any offenses Hunter has committed from January 1, 2014, through December 1, 2024, including those related to Weiss’s charges.
Hunter Biden's attorneys informed federal judges in both California and Delaware that the pardon should lead to the dismissal of the indictments against him. They referenced legal precedents stating that when a pardon is issued, it generally leads to the dismissal of the pending indictments and the halting of future proceedings.
In contrast, prosecutors challenged this interpretation, requesting judges to close the dockets without dismissing the charges, meaning the records would still be available. They maintained that although a pardon is an act of mercy, it does not erase the existence of charges or acknowledge any allegations of improper motives behind the prosecution. They noted that no court has supported Hunter Biden's claims of selective prosecution and that his request to dismiss the indictment lacks legal backing.
David Weiss served as the acting U. S. attorney for Delaware during the Trump administration and was appointed by Attorney General Merrick Garland in 2023 to investigate Hunter Biden. Weiss ended up bringing charges approved by grand juries in both Delaware and California.
President Biden also mentioned that he would not have issued the pardon if a plea deal between Hunter and prosecutors had been accepted. This deal would allow Hunter to plead guilty to two misdemeanor tax charges while avoiding punishment for a felony gun charge. However, U. S. District Judge Maryellen Noreika rejected this plea agreement upon discovering additional conditions. On Tuesday, she indicated her intent to dismiss Hunter Biden's case given the president's pardon but sought the government's input. Meanwhile, Judge Mark Scarsi, overseeing another case, has yet to comment on the pardon or dismissal request.
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