Special Counsel Pushes Back Against Dismissal of Hunter Biden Charges After Pardon

Special Counsel David Weiss has filed a robust opposition to Hunter Biden’s motion to dismiss his criminal indictments following a controversial presidential pardon from his father, President Joe Biden. In court documents submitted to the U.S. District Court for the District of Delaware on Monday, Weiss argued that a pardon does not nullify the legitimacy of an indictment nor absolve the underlying guilt.

Weiss, who led the prosecution against Hunter Biden on gun and tax charges, rejected claims that the charges were politically motivated. Addressing the president’s defense of his son, Weiss labeled such claims as “nonsensical,” noting that appeals by Hunter alleging bias had already been rejected by ten judges appointed by presidents from both political parties.

Weiss underscored the precedent established in previous high-profile pardon cases, including those involving Trump allies Michael Flynn and Steve Bannon.

• Pardon Does Not Equal Dismissal: Citing legal principles, Weiss argued that while a pardon may shield an individual from punishment, it does not invalidate the findings of guilt or the legitimacy of an indictment.

• Historical Context: In cases like Flynn’s, the courts explicitly noted that a pardon is an act of grace that exempts an individual from punishment without erasing guilt or overturning a conviction.

Weiss’s motion drew comparisons to how the Department of Justice handled pardons issued by former President Donald Trump for Flynn and Bannon. In those instances:

The DOJ did not dismiss charges outright. Instead, a note was added to court records indicating that the defendant had been pardoned, preserving the acknowledgment of the crimes.

Judges were divided on whether dismissing the indictment was necessary, with some opting to formally end proceedings while others left the charges intact but noted the pardon’s impact.

Weiss proposed a similar path for Hunter Biden’s case, recommending that a record of the indictment remain as evidence of the grand jury’s probable cause findings. This approach, Weiss argued, aligns with past cases and ensures that the pardon does not retroactively delegitimize the prosecution.

Hunter Biden’s legal team had preemptively filed for dismissal of the charges, claiming the pardon necessitated such action. However, Weiss dismissed this as legally unfounded, emphasizing that no binding precedent supports automatic dismissal following a presidential pardon.

Weiss also criticized the broader narrative advanced by President Biden, who claimed his son was the victim of a politically biased prosecution. Weiss reiterated that such accusations had been thoroughly discredited in court and noted that the pardon’s use as a justification for dismissal lacked legal support.

President Biden’s decision to pardon Hunter has drawn sharp criticism, with opponents citing concerns over abuse of power and the appearance of shielding his son from accountability. Weiss’s insistence on maintaining the integrity of the indictment highlights the broader tension between political optics and legal principles in this high-stakes case.

As the court considers Weiss’s arguments, the outcome could set a significant precedent for how presidential pardons are treated in similar cases moving forward.

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