Judge sets timeline for Hunter Biden tax trial at tense hearing

LOS ANGELES – The federal judge presiding over the tax case against Hunter Biden set the timeline for the upcoming criminal trial against the president’s son at a court hearing on Wednesday.

U.S. District Judge Mark C. Scarsi said in federal court in Los Angeles that jury selection will begin on September 5, with opening statements expected on September 9.

Prosecutors estimated it would take about six days for their case to go before a jury, and that fewer than 30 witnesses would need to testify. Biden's lawyers said their defense presentation would take about two days.

Biden, who was at the Democratic National Convention in Chicago on Monday to hear his father speak, was not in court for Wednesday's hearing, which featured some tense exchanges between Biden's attorney, Mark Geragos, and prosecutor Leo Wise.

Biden, 54, was charged in December with three felony counts and six misdemeanors. He is accused of failing to pay his taxes during a period when he said he was addicted to drugs. The indictment states: “Instead of paying his taxes, the defendant spent millions of dollars on an extravagant lifestyle.”

He has pleaded not guilty to all charges.

Wednesday's hearing was to discuss what evidence could be presented to the jury at trial. Geragos requested permission to present evidence of trauma that contributed to Biden's addiction problems – the deaths of his mother and sister in a car crash when he was 3 years old and in the same car, and the death of his brother Beau Biden from cancer in 2015.

“The Justice Department wants to paint a picture of a carefree man partying at the Chateau Marmont without explaining what in his past may have influenced him,” Geragos told the judge, and that would be a form of “character assassination.”

Wise argued that the reasons for Biden's drug use were irrelevant to the case.

“No matter how many drugs you take, don't forget that you owe millions of dollars in taxes,” the prosecutor said.

The judge ultimately ruled in favor of the prosecution by banning any mention of the 1972 car accident and limiting testimony about Beau Biden's death.

“The accident is not relevant. It's too far away. I don't think the reason for the addiction is relevant. The brother's death may be relevant, but that may not be relevant as a reason for the addiction.” Said Scarsi.

The judge also heard Geragos' attempt to limit testimony about his client's lewd lifestyle during the period in question. The prosecution relied heavily on this information, alleging that “between 2016 and October 15, 2020, the defendant spent this money on drugs, escorts and girlfriends, luxury hotels and rental properties, exotic cars, clothing and other items of a personal nature, in short, everything except his taxes.”

Wise said information about how Biden spent the money was relevant, in part because he allegedly tried to write off some payments to prostitutes as business expenses.

“He describes parties at hotels with a troupe of strippers,” Wise said. “He decided to pay them, which is fine – it's America, you can do that. But then he decided to claim it as a business deduction.”

The judge did not rule on this issue, but asked both sides to agree on what evidence could be presented regarding lifestyle.

Scarsi granted a defense motion to prohibit any mention of Biden's possible expulsion from the Navy for drug abuse.

He also addressed other scheduling issues at the hearing, saying there would be no trial on Monday, except for opening arguments on Sept. 9. Jury deliberations begin at 9 a.m. local time each day of the trial.

The case is being prosecuted by the office of special counsel David Weiss, which also charged Biden with weapons possession earlier this year. Biden was found guilty on all three counts in June, and sentencing is scheduled for November 13.

Katie Wall and Madeline Morrison reported from Los Angeles, Dareh Gregorian reported from New York.