Why Hunter Biden’s Last-Ditch Challenge Failed to Derail His Tax Case

David Weiss’s special-counsel appointment has always been a charade, but that doesn’t make it illegal or unconstitutional.

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Hunter Biden arrives at the federal court on the opening day of his trial on criminal gun charges in Wilmington, Del., June 3, 2024.

Kevin Lamarque/Reuters

This week, a federal judge in Los Angeles rejected a bid by Hunter Biden, the president’s son, to dismiss the tax indictment against him. Judge Mark Scarsi, a Trump appointee, turned aside Hunter’s claim that his indictment was invalid because the special-counsel appointment of the prosecutor, David Weiss, violated the Constitution.

I have noted on several occasions that Weiss’s special-counsel appointment by Attorney General Merrick Garland is a sham. (See, e.g., here, here, here, and here.) Garland and Weiss spent over three years trying to shield the president’s son from prosecution while projecting the illusion that he was being investigated by an independent prosecutor, absent any political interference.

Andrew C. McCarthy

About the Author

Andrew C. McCarthy

Andrew C. McCarthy is a senior fellow at National Review Institute, an NR contributing editor, and author of Ball of Collusion: The Plot to Rig an Election and Destroy a Presidency.

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