Ouch, I only realized the meaning of the judge’s words when he asked the Hunter Biden legal team to explain to the U.S. district court Judge Mark Scarsi why he should not sanction them for making false statements in their recent motion to be dismissed. A federal trial court was interrogating Hunter Biden’s lawyers.
What happened? What happened? She did this because the appointment of Special Counsel Jack Smith violated the Appointments Clause of the Constitution.
Biden’s attorneys filed a motion to dismiss the California Tax Case brought against him on July 18, 2008. They tried to piggyback Cannon’s decision by claiming that Special Counsel David Weiss had also been improperly appointed and, therefore, didn’t have the authority to bring charges against Biden.
In the motion, Biden’s lawyers argued that “the Attorney-General relied on the same authority when appointing Special Counsel in both the Trump and Biden case and both appointments were valid for the same reason.”
It’s not the perfect solution. Jonathan Turley of George Washington University noted that Weiss was already a Special Counsel when he served as a U.S. Attorney.
The courts may ask, “Why is Weiss different from Smith?” Weiss’s degree of difference from Smith could be crucial. Smith was chosen by the public, while Weiss is confirmed by the Senate.
This motion is more problematic than just that. Biden’s lawyers argued that Weiss only brought charges after Biden became Special Counsel. Scarsi’s order clearly shows that this isn’t true.
The Court requires M. Biden’s attorney to explain the reasons why sanctions should not be imposed due to false statements in the motion.
Biden claims in support of his Motion that Special Counsel Weiss didn’t bring charges against Mr. Biden before he was appointed as Special Counsel. .span data id=”17 “>.” Id., at 6, “Special counsel Weiss…. as U.S. Attorney, he didn’t bring any charges against Mr. Biden in this investigation. As a Special Attorney, Weiss initiated legal proceedings in Delaware and California against Mr. Biden. These statements are false and Mr. Biden’s lawyer is aware of this.
The order states Weiss brought charges against Biden as U.S. Attorney in Delaware before he became special counsel. The order also states that Biden’s lawyers admitted to this in an earlier pleading they filed with the court.
Misstatements in the petition are not trivial. The counsel’s attempt to avoid it is by misrepresenting the events.
The court is not forgiving of counsel who aren’t honest.
According to the order, Biden’s attorneys may amend or withdraw the pleadings they submitted but still must show cause as to why they made false statements.
I predict Biden’s legal team will handle the situation. Mark Geragos is a lawyer who has worked with notables such as Susan McDougal, Roger Clinton Jr., Scott Petersen, former Congressman Gary Condit, Michael Jackson, but not charged, and Jussie Smollett, but not accused. Geragos joined Biden’s team on July 3, appearing. Geragos filed the motion. Abbe Lowell will remain as co-counsel.
Will Scarsi have mercy on them? We’ll soon find out.
