"The President’s pardon moots Mr. Biden’s pending and yet to occur sentencing and entry of judgment in this case and requires an automatic dismissal of the Indictment with prejudice," wrote Hunter's lawyer Abbe Lowell in the filing, adding that "this Court must dismiss the Indictment against Mr. Biden with prejudice and adjourn all future proceedings in this matter."
Special Counsel David Weiss isn't having it. In a Monday response in opposition, Weiss argued that "The defendant’s motion should be denied since there is no binding authority on this Court which requires dismissal."
"As a matter of past-practice in this district, courts do not dismiss indictments when pardons are granted," Weiss wrote - citing cases involving Steve Bannon, Michael Flynn, Joe Arpaio and Ollie North, Above the Law reports. "Instead, it has been the practice of this court that once an Executive Grant of Clemency has been filed on the docket, the docket is marked closed, the disposition entry is updated to reflect the executive grant of clemency, and no further action is taken by the Court."
Although Weiss purported not to have seen the pardon itself (which Lowell inexplicably failed to docket), he took particular umbrage at the suggestion that the prosecution was politically motivated, huffing that “The court similarly found [Biden’s] vindictive prosecution claims unmoored from any evidence or even a coherent theory as to vindictiveness.”
Judge Mark Scarsi of the Central District of California has taken no action, thus far. But in Delaware, Judge Maryellen Noreika said in a minute order that she intends to terminate the proceedings, and instructing the government to say by tomorrow if it objects to termination by dismissal. Presumably it does, although no objection has hit the docket as of this writing. -Above the Law
https://www.zerohedge.com/political/special-counsel-rejects-hunter-bidens-pardon-files-scathing-rebuke-court-case