This may result in the release of additional tax documents related to the panel’s investigation into Hunter Biden’s tax dealings. It could also address a lawsuit Mr. Biden has brought against whistleblowers who testified before the committee, for violating Section 6103.
However, the House Ways and Means Committee has been investigating Mr. Biden’s alleged tax evasion since hearing from two IRS whistleblowers earlier this summer.
Lawsuit
“Mr. Biden is the son of the President of the United States. He has all the same responsibilities as any other American citizen, and the IRS can and should make certain that he abides by those responsibilities. Similarly, Mr. Biden has no fewer or lesser rights than any other American citizen, and no government agency or government agent has free reign to violate his rights simply because of who he is,” the lawsuit reads.
Mr. Biden’s attorneys argue that the IRS did not follow proper procedures in order to make their disclosures, without arguing that Mr. Biden did not violate tax law.
“This s lawsuit is not about the legitimacy of the IRS investigation of Mr. Biden over the past five years or any decision to penalize Mr. Biden for any failure to comply with his obligations under the tax laws,” the lawsuit reads.
The lawsuit specifically names Gary Shapley and Joseph Ziegler, the two IRS whistleblowers who testified in Congress and revealed Mr. Biden’s tax filings.
The attorneys claim that Mr. Biden has “cooperated fully” with the IRS investigation, but that agents, such as the two whistleblowers “have targeted and sought to embarrass Mr. Biden via public statements to the media.”
They claim this has occurred in more than 20 nationally televised interviews outside of the testimony before Congress.
“During these interviews, Mr. Shapley and Mr. Ziegler provided unsubstantiated and selectively chosen allegations of nefarious and potentially criminal behavior,” they argued. “These disclosures went beyond confirming the existence of an investigation or audit.”
The suit alleges the whistleblowers revealed the amounts and nature of deductions on Mr. Biden’s tax returns and alleged liability regarding certain years. It also criticizes the whistleblowers for adding “false accusations” in these interviews, as well as “new allegations that had not been released by the Committee on Ways and Means.”
Third Witness
A third witness has since testified before the House Ways and Means Committee.Mr. Weiss then brought tax charges against Mr. Biden in Delaware for the years 2017 and 2018.
Mr. Batdorf said he was surprised Mr. Weiss chose not to charge Mr. Biden for tax evasion for the years 2014 and 2015, the years Mr. Biden received large sums of money from the Ukrainian energy company Burisma.
“Based on my supporting of the case all the way through, yes, I was surprised,” he said. “Of course there was some level of frustration, yes.”
Mr. Batdorf also claimed the DOJ tax division resisted bringing charges, and Mr. Weiss was not able to prosecute without the DOJ making a recommendation. He said not much happened on the case between October 2022 and May.
Arraignment
Mr. Biden’s arraignment in Delaware has been scheduled for Oct. 3.His attorney said in a motion requesting a virtual arraignment that Mr. Biden plans to plead not guilty.
Mr. Weiss had argued against a virtual indictment, writing that if Mr. Biden should appear in court to “promote the public’s confidence” that he was not receiving special treatment.
A judge denied the request and ordered Mr. Biden to appear in person, writing that though arraignments are often short, as Mr. Biden argued, “our Court has always considered them to be important.”
United States Magistrate Judge Christopher Burke pointed out that this case is different from the previous one, during which Mr. Biden’s plea bargain fell apart, and he is expecting to hear arguments and address Mr. Biden’s pre-trial release conditions.
