10-04-2023, 01:51 AM
(This post was last modified: 10-04-2023, 01:53 AM by DerVVulfman.)
Fast Facts
Hunter Biden will be to challenge a flurry of motions from the defense.
Hunter Biden pleaded not guilty to three federal gun charges Tuesday brought by Special Counsel David Weiss. The president's son has been charged with lying about his drug use in October 2018 on a form to buy a gun that he kept for about 11 days. He could face up to 25 years in prison if convicted.
Defense attorney Abbe Lowell said in court the defense will file a motion to dismiss the charges, challenging their constitutionality. An appeals court previously found that a federal ban on drug users having guns violates the Second Amendment under recent Supreme Court precedent.
Earlier this summer, Hunter Biden agreed to plead guilty to misdemeanor tax charges and would have also avoided prosecution on the gun charges had he stayed out of trouble for two years. It was the culmination of a yearslong investigation by federal prosecutors into the business dealings of the president's son, and the agreement would have dispensed with criminal proceedings and spared the Bidens weeks of headlines as the election loomed.
But the deal fell apart after a judge raised several questions about the arrangement.
Now, Weiss was appointed special counsel and is considering tax charges against Hunter Biden as well. If additional charges are filed, they could come in Washington or in California, where Biden lives.
Meanwhile in Congress, House Republicans are searching for a link between Hunter Biden's business dealings and his father as part of an impeachment inquiry into his father, President Biden, who is running for re-election in 2024 amid the political tumult.
The Associated Press contributed to this update.
- Hunter Biden pled not guilty to federal gun charges in U.S. District Court for the District of Delaware Tuesday morning after being charged out of Special Counsel David Weiss' years-long investigation.
- The president's son is appeared in person in court for his arraignment Tuesday morning at 10:00 a.m. ET.
- Biden was charged by Weiss this month with making a false statement in the purchase of a firearm; making a false statement related to information required to be kept by a federal firearms licensed dealer; and one count of possession of a firearm by a person who is an unlawful user of or addicted to a controlled substance.
Hunter Biden will be to challenge a flurry of motions from the defense.
Hunter Biden pleaded not guilty to three federal gun charges Tuesday brought by Special Counsel David Weiss. The president's son has been charged with lying about his drug use in October 2018 on a form to buy a gun that he kept for about 11 days. He could face up to 25 years in prison if convicted.
Defense attorney Abbe Lowell said in court the defense will file a motion to dismiss the charges, challenging their constitutionality. An appeals court previously found that a federal ban on drug users having guns violates the Second Amendment under recent Supreme Court precedent.
Earlier this summer, Hunter Biden agreed to plead guilty to misdemeanor tax charges and would have also avoided prosecution on the gun charges had he stayed out of trouble for two years. It was the culmination of a yearslong investigation by federal prosecutors into the business dealings of the president's son, and the agreement would have dispensed with criminal proceedings and spared the Bidens weeks of headlines as the election loomed.
But the deal fell apart after a judge raised several questions about the arrangement.
Now, Weiss was appointed special counsel and is considering tax charges against Hunter Biden as well. If additional charges are filed, they could come in Washington or in California, where Biden lives.
Meanwhile in Congress, House Republicans are searching for a link between Hunter Biden's business dealings and his father as part of an impeachment inquiry into his father, President Biden, who is running for re-election in 2024 amid the political tumult.
The Associated Press contributed to this update.
The Manhattan judge deciding the $250 million civil fraud case against Donald Trump on Tuesday clarified comments he made about the statute of limitations that the former president had hailed as a win.
Trump, appearing jovial as he left Manhattan Supreme Court on Monday afternoon, proclaimed that Justice Arthur Engoron had agreed that “80 percent” of New York Attorney General Letitia James’ lawsuit was thrown out due to the statute of limitations.
“The last five minutes was outstanding because the judge essentially conceded that the statute of limitations, that we won at the court of appeals, is in effect,” Trump, 77, said to reporters as he left court on the first day of trial. “Therefore about 80% of the case is over.”
Engoron had suggested the day prior that testimony from Donald Bender, Trump’s former accountant, about the ex-president’s 2011 financial statements might be time-barred — meaning having taken place before the time period where claims could be brought.
The AG claims in her lawsuit that from 2011 through 2021, Trump lied on his statements of financial condition, exaggerating his net worth to get better loan and insurance terms.
An appeals court in June ruled that the statute of limitations in the case is set at 2014.
While claims relating to alleged conduct from before 2014 can’t come into the case, Engoron set the record straight Tuesday — saying that evidence from before that time could still be used to help prove newer claims.
“If you were here for yesterday’s excitement, welcome back,” Engoron said as Trump looked on.
“As I stated yesterday, the statute of limitations bars claims, not evidence.”
Bender, a partner at accounting firm Mazars USA, is continuing his testimony Tuesday at the second day of trial.
Wouldn't be the first ignoring statue of limitations. Alvin Bragg in NY took bookkeeping misdemeanor charges that have a 2-year statute of limitatations... already expired. And was already examined by the Federal Elections board, found it a misdemeanor and dismissed.Trump, appearing jovial as he left Manhattan Supreme Court on Monday afternoon, proclaimed that Justice Arthur Engoron had agreed that “80 percent” of New York Attorney General Letitia James’ lawsuit was thrown out due to the statute of limitations.
“The last five minutes was outstanding because the judge essentially conceded that the statute of limitations, that we won at the court of appeals, is in effect,” Trump, 77, said to reporters as he left court on the first day of trial. “Therefore about 80% of the case is over.”
Engoron had suggested the day prior that testimony from Donald Bender, Trump’s former accountant, about the ex-president’s 2011 financial statements might be time-barred — meaning having taken place before the time period where claims could be brought.
The AG claims in her lawsuit that from 2011 through 2021, Trump lied on his statements of financial condition, exaggerating his net worth to get better loan and insurance terms.
An appeals court in June ruled that the statute of limitations in the case is set at 2014.
While claims relating to alleged conduct from before 2014 can’t come into the case, Engoron set the record straight Tuesday — saying that evidence from before that time could still be used to help prove newer claims.
“If you were here for yesterday’s excitement, welcome back,” Engoron said as Trump looked on.
“As I stated yesterday, the statute of limitations bars claims, not evidence.”
Bender, a partner at accounting firm Mazars USA, is continuing his testimony Tuesday at the second day of trial.
NY Law ignored
Laphonza Butler was sworn in Tuesday to replace late California Democratic Sen. Dianne Feinstein, as speculation swirls about her intent to seek a full term next year.
Butler, who was appointed by Golden State Gov. Gavin Newsom, took the oath of office and received a standing ovation from her new Senate colleagues after a swearing-in ceremony presided over by Vice President Kamala Harris.
The Democrat has been a Silver Spring, Maryland, resident since 2021, FEC filings and public records show.
She moved to the Washington, DC, region to become the president of Emily’s List, a political action committee dedicated to electing Democratic female candidates who support abortion.
Butler maintained a residence in California from 2009 to 2021, according to records, but a spokesperson for Newsom previously told The Post that she recently re-registered to vote in the Golden State.
Her X account, formerly known as Twitter, and Wikipedia page both stated that she lived in Maryland, with the latter being quickly edited to reflect her ties to Los Angeles.
Sen. Laphonza Butler was sworn in Tuesday to replace the late Democrat Sen. Dianne Feinstein as speculation swirls about her intent to seek a full term next year.AP
Laphonza Butler was sworn in Tuesday to replace late California Democratic Sen. Dianne Feinstein, as speculation swirls about her intent to seek a full term next year.
Butler, who was appointed by Golden State Gov. Gavin Newsom, took the oath of office and received a standing ovation from her new Senate colleagues after a swearing-in ceremony presided over by Vice President Kamala Harris.
The Democrat has been a Silver Spring, Maryland, resident since 2021, FEC filings and public records show.
She moved to the Washington, DC, region to become the president of Emily’s List, a political action committee dedicated to electing Democratic female candidates who support abortion.
Butler maintained a residence in California from 2009 to 2021, according to records, but a spokesperson for Newsom previously told The Post that she recently re-registered to vote in the Golden State.
Her X account, formerly known as Twitter, and Wikipedia page both stated that she lived in Maryland, with the latter being quickly edited to reflect her ties to Los Angeles.
Sen. Laphonza Butler was sworn in Tuesday to replace the late Democrat Sen. Dianne Feinstein as speculation swirls about her intent to seek a full term next year.AP
Feinstein died of natural causes at her DC home Thursday, according to her office, hours after casting her last vote in the upper chamber.REUTERS
The social media scrubbing could leave Butler open to criticisms from opponents of being a “carpetbagger” — but she has declined to say whether she will seek election next year.
The governor celebrated her appointment on Tuesday, saying she would “make history as California’s first openly LGBTQ United States Senator and the first Black lesbian to openly serve in Congress in American history.”
Butler took the oath of office and received a standing ovation from her new Senate colleagues after a swearing-in ceremony presided over by Vice President Kamala Harris.AFP via Getty Images
“An advocate for women and girls, a second-generation fighter for working people and a trusted adviser to Vice President Harris, Laphonza Butler represents the best of California, and she’ll represent us proudly in the United States Senate,” Newsom said in a statement.
“As we mourn the enormous loss of Senator Feinstein, the very freedoms she fought for — reproductive freedom, equal protection, and safety from gun violence — have never been under greater assault.”
Newsom ruled out nominating any of the declared contenders for Feinstein’s seat in the Democratic primary, including state Reps. Adam Schiff, Barbara Lee and Katie Porter.
Feinstein was hospitalized earlier this year due to a case of shingles, suffered facial paralysis from Ramsay Hunt syndrome and even contracted encephalitis before returning to Capitol Hill in May.CQ-Roll Call, Inc via Getty Images
President Biden also called Butler to congratulate her on her appointment to the Senate, the White House announced.
Butler worked for Harris’ failed 2020 presidential campaign and at the Service Employees International Union for nearly two decades and briefly as a director at Airbnb before being elevated to president of Emily’s List.
Feinstein died of natural causes at her DC home last Thursday, according to her office, hours after casting her last vote in the upper chamber.
She was hospitalized earlier this year due to a case of shingles, suffered facial paralysis from Ramsay Hunt syndrome and even contracted encephalitis before returning to Capitol Hill in May, the New York Times reported.
Butler worked for Harris’ failed 2020 presidential campaign and at the Service Employees International Union for nearly two decades before being elevated to president of Emily’s List.Getty Images for EMILY's List
After returning, Feinstein was occasionally seen disoriented and denying that she had been absent. Aides often helped her around in a wheelchair — and sometimes barred reporters from interacting with her.
The eldest daughter of Rep. Nancy Pelosi (D-Calif.), Nancy Corinne Prowda, was also seen at the senator’s side — in what some saw as a power move given the former House speaker’s endorsement of Schiff to run in 2024.
Newsom had been expected to potentially choose Lee to replace Feinstein after he pledged to replace the long-time Democratic female senator with a black woman.
Butler is now the only black female senator in the upper chamber. The deadline for her to file paperwork for a potential 2024 run is Dec. 8.AP
Lee posted on X that she was “singularly focused on winning” her 2024 campaign for Senate following the slight, saying that California “deserves an experienced senator who will deliver on progressive priorities.”
Newsom previously appointed California Secretary of State Alex Padilla to replace Harris after she was elected vice president along with President Biden in 2020.
Butler is now the only black female senator in the upper chamber. The deadline for her to file paperwork for a potential 2024 run is Dec. 8.
Butler, who was appointed by Golden State Gov. Gavin Newsom, took the oath of office and received a standing ovation from her new Senate colleagues after a swearing-in ceremony presided over by Vice President Kamala Harris.
The Democrat has been a Silver Spring, Maryland, resident since 2021, FEC filings and public records show.
She moved to the Washington, DC, region to become the president of Emily’s List, a political action committee dedicated to electing Democratic female candidates who support abortion.
Butler maintained a residence in California from 2009 to 2021, according to records, but a spokesperson for Newsom previously told The Post that she recently re-registered to vote in the Golden State.
Her X account, formerly known as Twitter, and Wikipedia page both stated that she lived in Maryland, with the latter being quickly edited to reflect her ties to Los Angeles.
Sen. Laphonza Butler was sworn in Tuesday to replace the late Democrat Sen. Dianne Feinstein as speculation swirls about her intent to seek a full term next year.AP
Laphonza Butler was sworn in Tuesday to replace late California Democratic Sen. Dianne Feinstein, as speculation swirls about her intent to seek a full term next year.
Butler, who was appointed by Golden State Gov. Gavin Newsom, took the oath of office and received a standing ovation from her new Senate colleagues after a swearing-in ceremony presided over by Vice President Kamala Harris.
The Democrat has been a Silver Spring, Maryland, resident since 2021, FEC filings and public records show.
She moved to the Washington, DC, region to become the president of Emily’s List, a political action committee dedicated to electing Democratic female candidates who support abortion.
Butler maintained a residence in California from 2009 to 2021, according to records, but a spokesperson for Newsom previously told The Post that she recently re-registered to vote in the Golden State.
Her X account, formerly known as Twitter, and Wikipedia page both stated that she lived in Maryland, with the latter being quickly edited to reflect her ties to Los Angeles.
Sen. Laphonza Butler was sworn in Tuesday to replace the late Democrat Sen. Dianne Feinstein as speculation swirls about her intent to seek a full term next year.AP
Feinstein died of natural causes at her DC home Thursday, according to her office, hours after casting her last vote in the upper chamber.REUTERS
The social media scrubbing could leave Butler open to criticisms from opponents of being a “carpetbagger” — but she has declined to say whether she will seek election next year.
The governor celebrated her appointment on Tuesday, saying she would “make history as California’s first openly LGBTQ United States Senator and the first Black lesbian to openly serve in Congress in American history.”
Butler took the oath of office and received a standing ovation from her new Senate colleagues after a swearing-in ceremony presided over by Vice President Kamala Harris.AFP via Getty Images
“An advocate for women and girls, a second-generation fighter for working people and a trusted adviser to Vice President Harris, Laphonza Butler represents the best of California, and she’ll represent us proudly in the United States Senate,” Newsom said in a statement.
“As we mourn the enormous loss of Senator Feinstein, the very freedoms she fought for — reproductive freedom, equal protection, and safety from gun violence — have never been under greater assault.”
Newsom ruled out nominating any of the declared contenders for Feinstein’s seat in the Democratic primary, including state Reps. Adam Schiff, Barbara Lee and Katie Porter.
Feinstein was hospitalized earlier this year due to a case of shingles, suffered facial paralysis from Ramsay Hunt syndrome and even contracted encephalitis before returning to Capitol Hill in May.CQ-Roll Call, Inc via Getty Images
President Biden also called Butler to congratulate her on her appointment to the Senate, the White House announced.
Butler worked for Harris’ failed 2020 presidential campaign and at the Service Employees International Union for nearly two decades and briefly as a director at Airbnb before being elevated to president of Emily’s List.
Feinstein died of natural causes at her DC home last Thursday, according to her office, hours after casting her last vote in the upper chamber.
She was hospitalized earlier this year due to a case of shingles, suffered facial paralysis from Ramsay Hunt syndrome and even contracted encephalitis before returning to Capitol Hill in May, the New York Times reported.
Butler worked for Harris’ failed 2020 presidential campaign and at the Service Employees International Union for nearly two decades before being elevated to president of Emily’s List.Getty Images for EMILY's List
After returning, Feinstein was occasionally seen disoriented and denying that she had been absent. Aides often helped her around in a wheelchair — and sometimes barred reporters from interacting with her.
The eldest daughter of Rep. Nancy Pelosi (D-Calif.), Nancy Corinne Prowda, was also seen at the senator’s side — in what some saw as a power move given the former House speaker’s endorsement of Schiff to run in 2024.
Newsom had been expected to potentially choose Lee to replace Feinstein after he pledged to replace the long-time Democratic female senator with a black woman.
Butler is now the only black female senator in the upper chamber. The deadline for her to file paperwork for a potential 2024 run is Dec. 8.AP
Lee posted on X that she was “singularly focused on winning” her 2024 campaign for Senate following the slight, saying that California “deserves an experienced senator who will deliver on progressive priorities.”
Newsom previously appointed California Secretary of State Alex Padilla to replace Harris after she was elected vice president along with President Biden in 2020.
Butler is now the only black female senator in the upper chamber. The deadline for her to file paperwork for a potential 2024 run is Dec. 8.
Rep. Kevin McCarthy lost his position as speaker of the House[i] Tuesday after a historic vote to oust him from the powerful position.
The [i]resolution to strip McCarthy (R-Calif.) of the gavel, led by Rep. Matt Gaetz (R-Fla.), passed 216-210 — with Gaetz and seven other Republicans joining 208 Democrats in voting to remove the California Republican from the speakership.
The lower chamber is now tasked with electing a new speaker before it can move forward with any other business.
While McCarthy is now the first House speaker to ever be stripped of his power, the process for selecting a new leader of the lower chamber will be reminiscent of the four-day, 15-ballot election in January that resulted in McCarthy’s elevation.
Rep. Patrick McHenry (R-NC), a staunch McCarthy ally, has been appointed speaker pro tempore and will oversee the House until a permanent speaker is elected.
McHenry was chosen because his name topped a list of replacements that McCarthy was required to provide the House clerk in January.
Speakers have been required to submit a non-public succession list since 2003, part of a post-9/11 contingency plan to keep the government functioning in the event of a foreign attack or other catastrophe.
As speaker pro tempore, McHenry will only have the power to recess the House, adjourn the chamber and recognize nominations for the vacant speakership.
The North Carolinian is not, most notably, part of the presidential line of succession.
In the 234-year history of the House of Representatives, lawmakers removing and replacing a House speaker has never been done before.
The House last voted on a motion to remove a speaker in 1910, when an attempt was made to oust then-Speaker Joe Cannon (R-Ill.) The resolution did not succeed.
Following the vote to remove McCarthy, McHenry recessed the chamber “subject to the call of the chair,” which means lawmakers can reconvene at any time.
During a Tuesday night meeting of the Republican conference, McHenry announced he planned to keep the House out until next week, with a candidate forum to be held Oct. 10 and an election by the full House to be held Oct. 11.
Whenever the House reconvenes, lawmakers can nominate any individual they wish for the speaker position, followed by a roll call vote.
House members are not bound to vote solely for nominated individuals, and the winner must win by a simple majority of those who vote for a candidate (meaning “present” votes lower the threshold of support needed).
McCarthy was elected speaker early on the morning of Jan. 7 after the most rounds of voting since the mid-19th century.
Reps. Hakeem Jeffries (D-NY), Andy Biggs (R-Ariz.), Jim Jordan (R-Ohio), Kevin Hern (R-Okla.), Byron Donalds (R-Fla.), Jim Banks (R-Ind.), former Reps. Lee Zeldin (R-NY), Justin Amash (R-Mich.) and Fred Upton (R-Mich.) and former President Donald Trump ® all received votes for speaker during the marathon process in January.
The longest election for speaker of the House lasted two months – Dec. 3, 1855, to Feb. 2, 1856 – and saw Nathaniel Banks (R-Mass.) elected on the 133rd ballot.
Gaetz has reportedly floated House Majority Whip Tom Emmer (R-Minn.), House Rules Committee Chairman Tom Cole (R-Okla.) and House Budget Committee Chairman Jodey Arrington (R-Texas) as possible successors to McCarthy.
The Florida Republican also noted Monday that he thinks “very highly” of House Majority Leader Steve Scalise (R-La.), who announced in August that he was diagnosed with multiple myeloma, a type of blood cancer.
“I would probably vote for Steve Scalise,” Gaetz said of the 57-year-old lawmaker, while adding that there are probably 100 members of the Republican caucus that he would support.
Rep. Tim Burchett (R-Tenn.), who voted in favor of ousting McCarthy, suggested on Monday Rep. Chip Roy (R-Texas) would also make a good speaker.
It’s unclear if any of those potential candidates would put themselves forward.
The [i]resolution to strip McCarthy (R-Calif.) of the gavel, led by Rep. Matt Gaetz (R-Fla.), passed 216-210 — with Gaetz and seven other Republicans joining 208 Democrats in voting to remove the California Republican from the speakership.
The lower chamber is now tasked with electing a new speaker before it can move forward with any other business.
While McCarthy is now the first House speaker to ever be stripped of his power, the process for selecting a new leader of the lower chamber will be reminiscent of the four-day, 15-ballot election in January that resulted in McCarthy’s elevation.
Rep. Patrick McHenry (R-NC), a staunch McCarthy ally, has been appointed speaker pro tempore and will oversee the House until a permanent speaker is elected.
McHenry was chosen because his name topped a list of replacements that McCarthy was required to provide the House clerk in January.
Speakers have been required to submit a non-public succession list since 2003, part of a post-9/11 contingency plan to keep the government functioning in the event of a foreign attack or other catastrophe.
As speaker pro tempore, McHenry will only have the power to recess the House, adjourn the chamber and recognize nominations for the vacant speakership.
The North Carolinian is not, most notably, part of the presidential line of succession.
In the 234-year history of the House of Representatives, lawmakers removing and replacing a House speaker has never been done before.
The House last voted on a motion to remove a speaker in 1910, when an attempt was made to oust then-Speaker Joe Cannon (R-Ill.) The resolution did not succeed.
Following the vote to remove McCarthy, McHenry recessed the chamber “subject to the call of the chair,” which means lawmakers can reconvene at any time.
During a Tuesday night meeting of the Republican conference, McHenry announced he planned to keep the House out until next week, with a candidate forum to be held Oct. 10 and an election by the full House to be held Oct. 11.
Whenever the House reconvenes, lawmakers can nominate any individual they wish for the speaker position, followed by a roll call vote.
House members are not bound to vote solely for nominated individuals, and the winner must win by a simple majority of those who vote for a candidate (meaning “present” votes lower the threshold of support needed).
McCarthy was elected speaker early on the morning of Jan. 7 after the most rounds of voting since the mid-19th century.
Reps. Hakeem Jeffries (D-NY), Andy Biggs (R-Ariz.), Jim Jordan (R-Ohio), Kevin Hern (R-Okla.), Byron Donalds (R-Fla.), Jim Banks (R-Ind.), former Reps. Lee Zeldin (R-NY), Justin Amash (R-Mich.) and Fred Upton (R-Mich.) and former President Donald Trump ® all received votes for speaker during the marathon process in January.
The longest election for speaker of the House lasted two months – Dec. 3, 1855, to Feb. 2, 1856 – and saw Nathaniel Banks (R-Mass.) elected on the 133rd ballot.
Gaetz has reportedly floated House Majority Whip Tom Emmer (R-Minn.), House Rules Committee Chairman Tom Cole (R-Okla.) and House Budget Committee Chairman Jodey Arrington (R-Texas) as possible successors to McCarthy.
The Florida Republican also noted Monday that he thinks “very highly” of House Majority Leader Steve Scalise (R-La.), who announced in August that he was diagnosed with multiple myeloma, a type of blood cancer.
“I would probably vote for Steve Scalise,” Gaetz said of the 57-year-old lawmaker, while adding that there are probably 100 members of the Republican caucus that he would support.
Rep. Tim Burchett (R-Tenn.), who voted in favor of ousting McCarthy, suggested on Monday Rep. Chip Roy (R-Texas) would also make a good speaker.
It’s unclear if any of those potential candidates would put themselves forward.