Hunter Biden's lawyers say the judge's special counsel is trying to turn the tax case into a 'character assassination campaign'

Los Angeles
CNN
—

Hunter Biden's lawyers on Wednesday accused federal prosecutors of trying to turn his upcoming tax evasion trial into a public “character assassination campaign.”

At a hearing in Los Angeles, lawyers for President Joe Biden's son sharply criticized special counsel David Weiss and his team, who successfully prosecuted Hunter Biden for weapons offenses this summer and are now seeking another victory in his tax trial next month.

“They want to drag him through the mud,” said Mark Geragos, Hunter Biden's lawyer, arguing that Weiss was trying to push a “slippery, independent counsel-style prosecution” and was making him “look bad” by cherry-picking the facts to pressure the jury to convict.

“It’s actually a form of smear campaign,” Geragos said.

The conflict came as District Judge Mark Scarsi made rulings on key evidentiary issues, largely siding with prosecutors and making life more difficult for Biden's defense. He has pleaded not guilty to nine counts, including three tax offenses.

Scarsi ruled that Biden's team could not tell jurors that the president's son was late in paying his entire $2 million tax debt. The judge also excluded an expert witness the defense hoped could explain how addiction affected Biden's decision-making ability.

Geragos called the addiction aspect “the centerpiece of the defense,” saying they sought to explain how his childhood car accident that killed his mother and sister and his brother's subsequent death from brain cancer fueled his descent into alcoholism and drug abuse.

The defense's goal is to prove to the jury that “there is a connection between the torments of addiction and the alleged tax evasion,” Geragos said.

Prosecutors, however, countered that the origin of Biden's addiction was irrelevant.

“No matter how many drugs you take, you don't suddenly forget that when you make $11 million you have to pay taxes,” said Special Counsel Leo Wise.

Prosecutors accuse Biden of evading $1.4 million in taxes for years while spending lavishly on strippers, luxury cars and fancy hotels.

Wise argued Wednesday that the jury needs to see those salacious details to prove that Biden fraudulently claimed they were business expenses — to reduce his tax liability. For example, one witness will testify that she met Biden at a strip club and later received $1,400 for “artwork” even though she didn't sell him any, Wise said.

“You can spend $30,000 on a porn website if you want – it's not illegal,” Wise said of Biden's alleged spending, “but you can't claim it as a business expense.”

Hunter Biden's lawyers accused prosecutors of intentionally igniting a media “firestorm,” particularly among conservative media outlets, by releasing new details about his foreign business dealings in a recently filed court document.

The document, filed two weeks ago, says Biden – during his father's term as vice president – ​​agreed to lobby U.S. government officials on behalf of a wealthy Romanian businessman who was under investigation for corruption in his home country.

Biden's foreign business dealings in Romania, China, Ukraine and other countries played a key role in the stalled House Republican impeachment proceedings against his father.

Geragos said prosecutors had worded their complaint in a “defamatory manner” to “inflame or inflame press coverage.” He claimed prosecutors made it look like Biden had set up the lobbying deal to avoid registering as a foreign agent, when in fact it was his business partner who set up the deal that way, according to his grand jury testimony.

Prosecutors are “using my client as collateral damage in a political battle,” Geragos said, arguing that they had pulled a “sleight of hand” to make “headlines.”

But Wise disagreed, saying the Romania deal showed how Biden was able to land $1 million worth of business opportunities despite his addiction. Prosecutors argue that could undermine Biden's attempts to blame his addiction for repeatedly missing tax deadlines.

The judge ruled that prosecutors could not allege that Biden tried to improperly influence the Obama administration or that he violated the foreign agent laws known as FARA. (Gegen was investigated for possible FARA violations but not charged.)

“This is a tax trial. … We are not going to talk about improper government conduct by any government,” Scarsi said, agreeing to the defense's request to limit the evidence.

This was Geragos' debut in the courtroom as Biden's new lawyer. The well-known lawyer argued with Wise throughout the hearing, and Wise repeatedly accused him of being “confused” or “wrong.” The parties held talks over the summer about pleading guilty to potentially avoid a trial, but CNN reported that talks had stalled. Jury selection is scheduled to begin on September 5.

This story has been updated with additional details.