Prosecutors for special counsel David Weiss blasted Hunter Biden's legal team for "invented deficiencies," "factual misrepresentations" and "false statements" over their attempt to dismiss the tax evasion case against the first son, the Washington Examiner reported.
In a court filing Monday in California federal court, Weiss prosecutors responded to the Biden team's motion to dismiss earlier this month that claimed that Weiss' appointment to prosecute the younger Biden was unconstitutional.
Weiss' office petitioned U.S. District Judge Mark Scarsi to deny the request or strike it from the record.
"The defendant's Motion to Dismiss for Lack of Jurisdiction marks his fourth attempt at halting the prosecution of this case based on invented deficiencies in the appointment and funding of Special Counsel Weiss," read Monday's filing. "And although he has sought to correct some of the factual misrepresentations he made, he has now made a fifth attempt, in which defense counsel continues to make knowingly false statements to this Court."
"The Court previously rejected each of his prior three attempts — first by holding on the merits that United States Attorney Weiss' appointment and funding as special counsel was lawful, and then by striking the defendant's subsequent motions as untimely," it went on. "The instant motions fare no better. They contain multiple misrepresentations of the record in this case, are untimely, do not meet the requirements for a motion for reconsideration — which is all they are — and, in any event, are wrong on the merits."
Biden's team, the prosecutors wrote, "belatedly filed his two motions to dismiss, this time nearly six months after the Court's February 20 deadline."
Biden's lawyers tried to link Weiss to special counsel Jack Smith, who, a Florida judge ruled, was unlawfully appointed in the classified documents case against former President Donald Trump.
"The government respectfully disagrees with the reasoning in those opinions," prosecutors wrote. "In any event, those cases involved different facts than those here," Weiss' office wrote, noting that Weiss is a Senate-confirmed U.S. attorney while Smith is not.
Judge Scarsi set a hearing for next week on the issue.
Biden, who has pleaded not guilty to tax evasion and other related offenses, is scheduled to stand trial Sept. 9.
Mark Swanson ✉
Mark Swanson, a Newsmax writer and editor, has nearly three decades of experience covering news, culture and politics.
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