Judge Noreika: Dad not picking on Hunter

Abbe Lowell is the attorney for Hunter Biden in the criminal proceedings that have been brought against him. I’ve observed a time or two before that Lowell will say approximately anything on Biden’s behalf in return for his compensation in the cases.

Judge Maryellen Noreika asked the question that crushed the sweetheart plea deal arranged for Hunter. She says as much about Lowell as I do above in denying his motion to dismiss the gun-related charges pending against Hunter in the case that remains before her. Lowell brought his motion to dismiss on the ground of selective prosecution by United States Attorney/Special Counsel David Weiss, appointed by none other than (Joe) Biden and Merrick Garland.

Judge Noreika denied the dismissal motion in a memorandum opinion that is posted online here. She quotes Lowell’s argument at pages 6-7 of the opinion with numerical citations to the court filings:

Defendant argues that he has been “selectively charged for an improper political purpose” because he is the son of the sitting President, the latter of whom is a candidate in the upcoming presidential election. (D.I. 63 at 26; see also id. at 23 (“This case exists because Mr. Biden is politically affiliated with his father, the sitting President and a candidate for reelection, at a time when a historically divided nation prepares for a contentious presidential election.”); D.I. 81 at 8 (“Mr. Biden is being targeted because he is the son of a sitting Democratic President and a political rival of former President Trump, who seeks to defeat President Biden in the upcoming presidential election.”)). To prevail on his selective-prosecution claim, Defendant must demonstrate that the Special Counsel’s decision to abandon pretrial diversion on the firearm charges and proceed with indictment was “motivated by a discriminatory purpose” and had a “discriminatory effect.”

Judge Noreika observes that Hunter Biden’s “articulated protected class is apparently family members of politically-important persons.” Here she drops footnote 2:

To the extent that Defendant’s claim that he is being selectively prosecuted rests solely on him being the son of the sitting President, that claim is belied by the facts. The Executive Branch that charged Defendant is headed by that sitting President – Defendant’s father. The Attorney General heading the DOJ was appointed by and reports to Defendant’s father. And that Attorney General appointed the Special Counsel who made the challenged charging decision in this case – while Defendant’s father was still the sitting President. Defendant’s claim is effectively that his own father targeted him for being his son, a claim that is nonsensical under the facts here….

“Nonsensical” doesn’t quite capture it, but it will do.

I would not have learned of Judge Noreika’s disposition of Lowell’s motions were it not for the coverage of James Lynch/NRO.

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