Part 110: A Trial of Hunter Biden in Los Angeles – Federal Justice and Public Relations
Published September 6, 2024
Photo of the United States Courthouse on First Street in late afternoon with remaining press below a circling red tail hawk by author (GoPro Hero 11 Black).
Please support my work with your subscription, or for direct support, use Venmo, CashApp, PayPal, or Zelle using zachary.b.ellison@gmail.com
By Zachary Ellison, Independent Journalist
For a moment, I was alone with attorney Kevin Morris, the alleged “sugar daddy,” as one reporter described to me moments alone in the men’s restroom on the 7th floor of the Federal Courthouse in Los Angeles. The news had come as a “surprise” that Hunter Biden, instead of going to trial on nine counts related to tax evasion, the troubled younger son of President Joseph Biden, would now instead seek a so-called Alford Plea that was contested, with Hunter instead entering an “open plea” of guilty on all charges. There were only a few paper towels left; I offered one to Morris, who was famously photographed on his balcony with a bong in hand. “Thank you,” he said with a renewed demeanor. Only minutes before, sitting behind Morris, I had watched him turn around and smile knowingly at the assembled national press. With a few of us locals on hand for the seemingly final chapter in the national saga that for years has dominated news headlines.
Morris is believed to have given, according to the New York Times, upwards of $6.5 million in an attempt to essentially save the President’s son’s finances, legal jeopardy, and reputation against what’s alleged to be a political witch hunt by Republicans. Accompanied by former Biden “body man” and advisor Fran Pearson, a former college football player and second wife Melissa Cohen Biden, a South African activist and documentary filmmaker, with a Secret Service agent by his side. The couple now resides in Malibu. A trial if it had happened would have been a salacious exposé of the Los Angeles underworld, including the younger Biden’s descent into crack cocaine and sex addiction. Special prosecutors Leo Wise and Kevin Hines, facing top-notch legal talent in Abbe Lowell and Mark Geragos, had prevailed in pre-trial hearings in snuffing a potential capacity sympathy defense for Biden, who closely resembles his father.
Respected legal journalist Meghann Cuniff, an observer of many trials in Los Angeles and beyond, wrote on the platform X, formerly known as Twitter, before the affair presided over by Judge Marc Scarsi: “I don’t plan to cover the trial extensively, but I do plan to cover the media mob.” Later she would write about the case after witnessing the legal exchange over the nature of the plea between the two sides: “This entire case seems way over prosecuted.” The core legal question behind the Alford Plea versus the ultimate “open plea” is whether or not the defendant, in accepting that there’s enough evidence to convict, maintains his innocence. Wise, speaking for the government, under Special Counsel David Weiss, the U.S. Attorney for Delaware who oversaw Hunter Biden’s case in Delaware for lying about his drug use while buying a gun, clearly was eager to go to trial and frustrated that there was any seeming defense for Hunter Biden against the litany of tax charges. The total cost of the two prosecutions against Biden exceeded $3.8 million, with the $1.4 million owed already paid with Morris’s money.
An entertainment attorney by trade, Morris has represented the likes of Matthew McConaughey, among others. A reporter caught a glimpse of Morris’s phone; they were heading to Los Angeles International Airport, LAX, after the pleading in the midst of the sweltering heat wave now broiling the city. Will Biden and Cohen, much like McConaughey and his wife, leave California for good following the proceeding? “Rituals came back,” the famous actor had told Los Angeles Times journalist Nardine Saad, and so as Special Prosecutor Leo Wise read the indictment into the record, including excerpts from Hunter Biden’s 2021 memoir Beautiful Things about partying in his Venice Beach home, set against the enclaves famous canals, and in Malibu and the Hollywood Hills, and beyond, you had to wonder what would become of the less equally famous Biden. To be fair, Los Angeles is the place of rockstars, and even as Hunter Biden had become an apex partier and ultimately a degenerate ending up in a homeless encampment getting a gun pointed at him. You really had to wonder about whether the land of sunshine had simply become the stuff of the usual LA noir. Prosecutor Wise delighted in wagging his finger at Biden during Thursday’s proceeding while proclaiming that he was “guilty” and not “innocent.”
Reportedly, at least according to some publications, Hunter Biden’s presence in Venice and his security detail had kept the “homeless” away from the formerly white residence. It's now painted black and sold at a loss by the owners, who didn’t want to take him to court for a claimed $80,000 owed in back rent. I haven’t read the younger Biden’s book, and in reading the indictment, it soon became clear watching Biden that although he had written it and was ultimately accepting responsibility for his wrongdoings, his honesty about his descent into a wasted life wasn’t simply profit seeking. Wise, a veteran Baltimore prosecutor, himself is an author, having written about an investigation into tracing illegal guns. In reading the 56-page Biden indictment into the court record, a step he insisted on as a matter of procedure to establish a “factual basis” for Biden’s plea, he only stopped once to drink water in more than 90 minutes. Emphasizing the word “spa” and sounding in disgust at the younger Biden’s spending on a pornographic website. It was this obscene purchase, which had set off the initial IRS investigation that quickly became controversial over claims of political influence.
Discussion quickly turned to whether a deal had been concluded for President Joseph Biden to pardon his son, with one former federal prosecutor telling multiple publications that Hunter had made a terrible decision in pleading guilty. The initial estimate for the potential maximum sentence was revised upwards by Judge Scarsi from 15 years to 17 years and the fines from an initial estimate of $500,000 to $1 million to a firm $1.35 million. This included smaller court fines unrelated to the actual tax bill paid by Morris of $25 per misdemeanor and $100 per felony. Republicans and the conservative press have delighted in poking fun at Hunter Biden’s sources of income, including the sale of his self-created art work for $1.5 million to 10 buyers, including Morris and the owner of a New York gallery in 2021, among others. The younger Biden has similarly been reported to have been among those who encouraged Joe Biden to remain in the Presidential race and to have sat in on some meetings in the White House. Spokeswoman Karine Jean-Pierre would soon reiterate that President Biden would not pardon his son to the press.
Speaking outside the courthouse without the assistance of a microphone, attorney Abbe Lowell issued a brief statement on behalf of Hunter Biden, as reported in CNN:
“After watching prosecutors who exploit his family’s grief during the Delaware trial and realizing they were planning to do it again in California, Hunter decided to enter his plea to protect those he loves from unnecessary hurt and cruel humiliation. This plea prevents that kind of show trial that would have not provided all the facts or served any real point in justice.”
For his part, special prosecutor Leo Wise called this defense “offensive,” and colleague Kevin Hines remained silent throughout the morning’s later proceeding, looking up at Wise plaintively. The duo, who are both easily over 6 feet tall, had been in the same elevator as I along with others during the Tom Girardi trial, looking slightly uncomfortable in the presence of others. This case, operating outside of the U.S. Attorney’s Office in Los Angeles, clearly wasn’t just “special” in the sense of being against the son of a sitting U.S. president. Instead, it represented the end of years of government litigation and investigation, including false claims made regarding Biden’s by a former FBI informant, Alexander Smirnov, whose trial date interfered with the setting of Biden’s sentencing, now scheduled for December 16 at 3:00 pm by Judge Scarsi, who was appointed by former President Trump.
For his part, Scarsi appeared at least desirous of keeping good order amidst the media spectacle, ultimately allowing Biden to plea and even suggesting extra time if needed to prepare briefs, which would have required the 120 jurors to return for an additional day. Reportedly, the case prepared by the government had perhaps several dozen witnesses prepared to testify about Hunter Biden’s debauchery and financial malfeasance, including several cooperating witnesses. It’s unknown who Biden’s team may have called. Attorney Mark Geragos, himself a legal titan and co-owner of Los Angeles Magazine, stood outside the courthouse with his all-female legal aides, looking almost bemused at the spectacle, while Lowell gave Biden’s statement. A man of seeming good humor, it seemed as if he knew there was little that could have been done once Judge Scarsi had rejected their potential defense. Lowell suggested a possible future appeal, which the plea, without any agreement for reduction in charges, with prior negotiations having failed to seem to be on weak legal grounds. After all, generally speaking, if you plead guilty and there is no threat, promise, or compelling reason, just what would be the basis of a future appeal?
Morris, Pearson, and Cohen didn’t sit in the courtroom through Wise’s reading of the indictment into the court record and exited swiftly into federal law enforcement’s black Suburbans. A bomb sniffing dog quickly identified by Meghann Cuniff as “Tigi” with the help of the Department of Homeland Security agent on hand checked a camera bag on the ground left by the gaggle of cameras. Cuniff described how she wasn’t “sure who’s being the meanest about it: the Secret Service agents telling people to move, or the photographers screaming at people for ‘literally’ being in the way.” The female Secret Service agent driving the principal vehicle seemed a little nervous, as there were multiple vehicles parked across First Street, including on the sidewalk. One moved into blocking position to prevent attack from behind, and then it was all over, with the press remaining to do their broadcasts. I had helped one out-of-town journalist on the way out of the courtroom, waiting for her to collect her belongings and answering some basic questions to which she could only thank me, saying, “It hasn’t always been that way.”
Personally, I’ve never found professional success in being mean; still, the question was, had the government simply been cruel to Hunter Biden in investigating him over crimes that many others might have escaped justice for committing? Moreover, who might come forward with their own stories of partying with the President’s son? To date, none have spoken other than his ex-wife and two former girlfriends from the question in period, roughly 2015-2020. As Leo Wise described, among Hunter Biden’s criminal acts was putting women with whom he had romantic relations on his company's payroll in order to get them health benefits and compensation. Similarly, current L.A. City Councilmember Curren Price has been charged with colluding with a real estate developer and his wife, a relocation consultant. In, order to get her health benefits while he was still legally married to another woman. Price has similarly maintained his innocence amidst wild accusations of “bigamy” and now contingent allegations of 21 violations by the Ethics Commission.
Later in the afternoon, the press had mostly left, and undoubtedly, at least for a while, Los Angeles would seemingly return to its normal level of corruption. Undoubtedly, greater transparency was most certainly not going to exonerate the younger Biden. He was as they say in Los Angeles about such things “cooked” for good, and he knew it. The reporter I spoke to about the LA Fed Tapes hadn’t heard of the matter. For what it’s worth, as he told me, the DC media circus around the Delaware gun case was much greater than that out West because Joe Biden was no longer running for re-election. Some sought to contrast Hunter Biden’s prosecution with that against Donald Trump, who was back in New York court appealing his sexual battery conviction the following day, deriding his legal team, saying, “I'm disappointed in my legal talent; I'll be honest with you.” If Hunter Biden has a case for malicious prosecution, surely taking one for the Biden team and trying to save face with the Alford plea seems like a long road. The Delaware case for which he pleaded guilty to 3 felonies related to a revolver may not help. Some have speculated that he could be looking at roughly 33 months in federal prison based on guidelines.
If the goal of the planned trial was deterrence against those who cheat on their taxes, surely there are greater targets to be found in America. Hunter Biden seems to have at least gotten his life together somewhat, and surely castigating his book as evidence of a crime as Wise did to Biden’s face in court seems like a slippery First Amendment slope. Thankfully, at least, the painter has not also become a rapper! Is Hunter worth the space in prison? Much less the steep cost of incarceration, only time will tell, but I for one am not convinced that Kevin Morris is only out for influence and reputation, as some have alleged. Sometimes you can say quite a bit without actually talking. I looked curtly at him in the mirror as he swept his long hair and left the men’s room and re-entered the atrium. Reporters discussed seating places in court so they could hear.
After all, what could be a greater sin than an inaccurate quote, much less cheating on your taxes as Biden had pleaded guilty to? Undoubtedly, the two legal proceedings and prospect of further prosecutions will have a silencing effect, but I, for one, would still read his book, if only to hear his story. Many have attacked a certain Los Angeles Times journalist for having written a similar memoir touting her redemption. The Times dispatched a single reporter to the scene, publishing their story, with one commenter, noting on X: “It's pretty sad when the Los Angeles Times needs help from the Associated Press on a story about a high-profile figure in the federal courthouse literally across the street from the Times' former office.” Two red-tail hawks circled the glass and steel courthouse above the lingering cameramen, who didn’t notice them at all. Many in the gaggle had undoubtedly headed for the airport as soon as possible, intent on leaving a city far from New York and Washington, D.C., to resume their coverage of bigger, better stories.
Link: Hunter Biden pleads guilty in federal tax crimes case in Los Angeles
Link: Kevin Morris, Hunter Biden’s $6.5 Million Patron, Draws Fire From All Sides
Link: Who Is Hunter Biden's Wife, Melissa Cohen?
Link: Meghann Cuniff Twitter Post RE: Media Mob
Link: Meghan Cuniff Twitter Post RE: Prosecution
Link: Special Counsel David C. Weiss
Link: Matthew McConaughey, wife Camila explain real reason behind move from Malibu to Texas
Link: Lessons learned from Hunter Biden: Careful what you put in your memoir
Link: Robert Hunter Biden Convicted on Three Felony Tax Offenses and Six Misdemeanor Tax Offenses
Link: IRS agent tells House committee there was meddling with Hunter Biden case
Link: Who Purchased Hunter Biden’s Paintings For $1.5 Million?
Link: Hunter Biden has joined White House meetings as he stays close to the president post-debate
Link: Meghann Cuniff Twitter Post RE: Press and Security
Link: L.A. City Councilmember Curren Price accused of 21 violations of city ethics laws
Link: Trump flips between praising, bashing legal team on Carroll cases
Please support my work with your subscription, or for direct support, use Venmo, CashApp, PayPal, or Zelle using zachary.b.ellison@gmail.com
Zachary Ellison is an Independent Journalist and Whistleblower in the Los Angeles area. Zach was most recently employed by the University of Southern California, Office of the Provost, from October 2015 to August 2022 as an Executive Secretary and Administrative Assistant, supporting the Vice Provost for Academic Operations and the Vice Provost and Senior Advisor to the Provost, among others. Zach holds a Master’s in Public Administration and a Graduate Certificate in Sustainable Policy and Planning from the USC Sol Price School of Public Policy. While a student at USC, he worked for the USC Good Neighbors Campaign, including in their newsletter distributed university-wide. Zach completed his B.A. in History at Reed College, in Portland, Oregon, and was a writer, editor, and photographer for the Pasadena High School Chronicle. He was Barack Obama’s one-millionth online campaign contributor in 2008. Zach is a former AmeriCorps intern for Hawaii State Parks and worked for the City of Manhattan Beach Parks and Recreation. He is a trained civil process server, and enjoys weekends in the great outdoors.
