Federal judge accuses President Biden of attempting to 'rewrite history' in Hunter Biden pardon

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Growing number of Dems believe Hunter Biden's pardon tarnishes the administration

Fox News senior national correspondent Rich Edson has more on Democrats' reaction to President Biden's decision to pardon his son on 'Special Report.'

The federal judge overseeing Hunter Biden’s tax case issued a sharp rebuke of President Biden's claim that his son was unfairly treated as well as the president's delivery method following the president's last-minute pardon.

U.S. District Judge Mark Scarsi, who is based in the Central District of California and was nominated by President-elect Trump, accused President Biden in a scathing five-page order of "rewriting history" with the pardon and suggested that the breadth of the pardon granted to his son is unconstitutional.

"The Constitution provides the President with broad authority to grant reprieves and pardons for offenses against the United States, but nowhere does the Constitution give the President the authority to rewrite history," he wrote.

BIDEN PARDONS SON HUNTER BIDEN AHEAD OF EXIT FROM OVAL OFFICE

Hunter Biden departs a House Oversight Committee meeting on Capitol Hill on January 10. On Friday, a judge denied a motion to throw out a federal gun case against him. (Kent Nishimura/Getty Images)

The judge voiced his displeasure that the president alerted the judicial system of his order to pardon his son via a White House press release.

"Rather than providing a true and correct copy of the pardon with the notice, Mr. Biden provided a hyperlink to a White House press release presenting a statement by the President regarding the pardon and the purported text of the pardon," he wrote.

"In short, a press release is not a pardon," he continued.

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Scarsi continued, reacting to the president's statement on his son's tax case: "the President asserts that Mr. Biden ‘was treated differently’ from others ‘who were late paying their taxes because of serious addictions,’ implying that Mr. Biden was among those individuals who untimely paid taxes due to addiction. But he is not."

"According to the President, ‘[n]o reasonable person who looks at the facts of [Mr. Biden’s] cases can reach any other conclusion than [Mr. Biden] was singled out only because he is [the President’s] son.’ But two federal judges expressly rejected Biden’s arguments that the Government prosecuted Mr. Biden because of his familial relation to the President. And the President’s own Attorney General and Department of Justice personnel oversaw the investigation leading to the charges," Scarsi wrote.

2 TIMES BIDEN SAID HE WOULD NOT PARDON SON HUNTER BIDEN 

"In the President’s estimation, this legion of federal civil servants, the undersigned included, are unreasonable people," he said.

Hunter Biden, son of U.S. President Joe Biden, departs the J. Caleb Boggs Federal Building on June 03, 2024 in Wilmington, Delaware. Biden is standing trial for felony gun charges. (Anna Moneymaker/Getty Images)

The judge said he would dispose of the case once he receives the official pardon from "the appropriate executive agency." 

He also vacated Hunter Biden’s sentencing, which was scheduled for Dec. 16.  The charges carried up to 17 years behind bars, but the first son would likely have faced a much shorter sentence under federal sentencing guidelines.

TRUMP PREVIOUSLY PREDICTED BIDEN WOULD PARDON SON HUNTER

"Subject to the following discussion, the Court assumes the pardon is effective and will dispose of the case. The Supreme Court long has recognized that, notwithstanding its nearly unlimited nature, the pardon power extends only to past offenses," he wrote.

FILE: President Joe Biden, wearing a Team USA jacket and walking with his son Hunter Biden, heads toward Marine One on the South Lawn of the White House in Washington, July 26, 2024. (AP Photo/Susan Walsh)

Hunter Biden, 54, has had a busy year in court, kicking off his first trial in Delaware in June, when he faced three felony firearm offenses, before he pleaded guilty in a separate felony tax case in September. 

President Biden pardoning his son is a departure from his previous remarks to the media over the summer when he insisted he would not pardon the first son.

"Yes," President Biden told ABC News when asked if he would rule out pardoning Hunter ahead of his guilty verdict in the gun case. 

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Days later, following a jury of Hunter’s peers finding him guilty of three felony firearm offenses, the president again said he would not pardon his son. 

"I am not going to do anything," Biden said after Hunter was convicted. "I will abide by the jury’s decision."

Fox News Digital has reached out to the White House for comment. 

Fox News Digital's Emma Colton and Andrea Margolis contributed to this report.