Updated Feb 20, 2024 - Politics & Policy

Hunter Biden's lawyers ask judge to dismiss tax indictment

hunter biden

Hunter Biden on Jan. 10 in Washington, D.C. The committee is meeting today as it considers citing him for contempt of Congress. Photo: Kent Nishimura/Getty Images

Hunter Biden's lawyers argued that the "rabbit hole of lies" allegedly told by indicted ex-FBI informant Alexander Smirnov have infected the investigation into the president's son, per a Tuesday court filing.

Why it matters: While this is a separate matter to the indictment Smirnov faces concerning President Biden and his son, the lawyers' response signals the ex-FBI informant's claims will form a key part of Hunter Biden's defense against tax charges.

Separately, Hunter Biden's lawyers asked a judge to dismiss his tax charges indictment in a filing in California Tuesday, citing "due process violations based on outrageous government conduct."

What they're saying: "The Special Counsel charged Mr. Smirnov with lying and obstruction, but the more interesting part of this story is not that Mr. Smirnov lied," stated Hunter Biden's lawyers in a motion filed in Delaware Tuesday.

  • "It is more remarkable that beginning in July 2023, the Special Counsel's team would follow Mr. Smirnov down his rabbit hole of lies as long as it did," it adds.

Of note: Attorney's for Hunter Biden said federal prosecutors mistook a photo of sawdust in his electronics for cocaine.

  • "Multiple sources have pointed out, and a review of discovery confirms, this is actually a photo of sawdust from an expert carpenter and it was sent to Mr. Biden, not vice versa," the lawyers said, per the filing.
  • "The prosecution is flat out wrong."

The big picture: Attorney General Merrick Garland named the Trump-appointed U.S. Attorney for Delaware David Weiss special counsel to lead the investigation into Hunter Biden last August after a plea deal with the president's son collapsed.

  • Last October, he pleaded not guilty in Delaware to three counts related to his alleged illegal possession of a firearm.

Meanwhile, Smirnov was charged last week by Weiss with felony false statement and obstruction crimes for providing allegedly false information about President Biden and Hunter Biden.

  • A federal grand jury indicted 43-year-old Smirnov for allegedly falsely telling FBI agents in June 2020 that officials with the Ukrainian energy company Burisma paid President Biden and Hunter Biden $5 million each in 2015 or 2016.

Go deeper: DOJ: FBI informant said Russian intelligence involved in Hunter Biden story

Editor's note: This article has been updated with details of Hunter Biden's lawyers' filing seeking to dismiss his tax charges and further context.

Go deeper