Special counsel David Weiss has asked a California federal court not to dismiss the tax charges against Hunter Biden, despite President Joe Biden’s sweeping pardon of his son. In a motion filed Monday, Weiss argued that the charges should remain on the public record, even if the case is formally closed.
Hunter Biden received the pardon on Sunday, covering all offenses he may have committed between January 1, 2014, and December 1, 2024. The pardon includes charges stemming from his conviction for lying on a federal gun purchase form in June and nine tax-related charges from September. Weiss stressed that these charges were appropriately brought forward and not politically motivated, rejecting accusations to the contrary.
“There was none and never has been any evidence of vindictive or selective prosecution in this case,” Weiss wrote in the court filing. “The defendant made similar baseless accusations in the United States District Court for the District of Delaware. Those claims were also rejected.” He further pointed out that the allegations of unfair treatment were dismissed by 11 federal judges appointed by six presidents, including President Biden himself.
Weiss’s motion asks the court to close the case docket, reflecting that a pardon has been issued, but to preserve the grand jury’s findings and the indictment. “[I]t has been the practice of this court that once an Executive Grant of Clemency has been filed on the docket, the docket is marked closed, the disposition entry is updated to reflect the executive grant of clemency, and no further action is taken by the Court,” Weiss stated.
The special counsel also criticized Hunter Biden for not yet filing the pardon with the court. “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,” Weiss wrote.
Mark Osler, an expert in presidential pardons, described Weiss’s motion as a technical but meaningful legal distinction. “[Prosecutors] want the indictment to remain on the record,” Osler explained, noting that maintaining the charges ensures accountability and transparency in the justice process.
The case is being handled by U.S. District Judge Mark Scarsi, who has yet to rule on Weiss’s request. In a related matter, Judge Maryellen Noreika in Delaware has indicated that she will terminate proceedings in Hunter’s gun case once the pardon is formally docketed, but she has asked Weiss to clarify whether his office objects to dismissing the charges there as well.
