Judge Asked to Keep Record of Hunter Biden’s Tax Charges Despite Presidential Pardon

In a notable legal development, Special Counsel David Weiss has asked a California federal judge not to dismiss tax charges against Hunter Biden, even after a presidential pardon was issued by President Joe Biden. Instead of dropping the charges entirely, Weiss recommends closing the case while keeping the court record intact to reflect the course of legal proceedings.

The presidential pardon, which spans a decade—from January 1, 2014, to December 1, 2024—includes a broad range of offenses. These include Hunter Biden’s recent convictions on nine counts of failing to pay more than $1.4 million in federal taxes between 2016 and 2019. The pardon also covers a separate conviction for making false statements during a firearm purchase, where he denied illegal drug use at the time.

Without the pardon, Hunter Biden faced up to 17 years in prison for the tax-related charges alone.

Alongside the announcement of the pardon, Hunter Biden issued a statement asserting that the legal actions against him were politically motivated. However, in a court filing, Weiss firmly rejected that view, stating there has been “no evidence of selective or vindictive prosecution” throughout the case.

Weiss pointed out that Hunter Biden had previously made similar claims in Delaware federal court, which were dismissed. “Eleven different federal judges, appointed by presidents from both major parties, have reviewed and rejected these arguments,” he added.

Rather than erasing the charges, Weiss requested the court mark the case as closed with an official note indicating the pardon. He emphasized this is standard procedure in the district when a grant of clemency is issued by the executive branch.

Weiss also noted that, as of the filing date, neither Hunter Biden nor his legal team had submitted the official pardon to the court. His office had therefore not had a chance to formally review it. However, if the pardon is confirmed, the government does not intend to challenge it.

Still, Weiss argued that the charges should not simply disappear from the record. “A grand jury determined there was probable cause to indict. That decision stands, even if the punishment no longer applies,” he explained. He further noted that preserving the record ensures transparency and accuracy in the legal process.

Weiss concluded by reiterating that no court has found any improper motive behind the prosecution. He opposed any request that seeks to fully erase the charges, calling such a move unsupported by legal precedent or procedure.

Legal experts weighed in on the implications of the filing. Mark Osler, a law professor and clemency specialist, noted that the issue is largely procedural. “The outcome is effectively the same—the case won’t proceed,” he said. “But prosecutors often want the indictment to remain visible in the record. It shows the system functioned as intended, up until the point of clemency.”

U.S. District Judge Mark Scarsi, who is overseeing the tax case in California, has not yet ruled on whether to formally dismiss the charges or to follow Weiss’s recommendation to mark the case closed while maintaining the record.

In a parallel development, the Delaware judge overseeing the gun case, U.S. District Judge Maryellen Noreika, stated she intends to close those proceedings once the pardon is officially submitted. However, she has also asked Weiss’s team to clarify whether it objects to dismissing that case outright.

Presidential pardons do not erase an individual’s criminal record but do offer relief from penalties, including prison sentences and fines. In some cases, pardoned individuals continue to face professional or personal consequences, even after clemency is granted.

This case is expected to serve as a reference point for how courts handle pardons in ongoing legal matters, especially those involving high-profile figures. The court’s eventual decision could help clarify the balance between executive clemency and judicial record-keeping in the federal justice system.