The federal judge overseeing Hunter Biden’s tax case has issued a sharp rebuke President Biden’s alleging that his son was treated unfairly, as well as the president’s manner of giving birth after the president’s last-minute pardon.
U.S. District Judge Mark Scarsi, based in the Central District of California and nominated by President-elect Trump, accused President Biden in a scathing five-page order of “rewriting history” with clemency and suggested that the scope of the pardon granted to his son is unconstitutional.
“The Constitution gives the President broad authority to grant reprieves and pardons for crimes against the United States, but nowhere does the Constitution give the President the power to rewrite history,” he wrote.
BIDEN GIVEN SON HUNTERS BIDEN BEFORE EXIT FROM OVAL OFFICE

Hunter Biden leaves a House Oversight Committee meeting on Capitol Hill on January 10. On Friday, a judge denied a request to dismiss a federal gun case against him. (Kent Nishimura/Getty Images)
The judge expressed dissatisfaction that the president had notified the justice system of his order to pardon his son through a message White House press release.
“Rather than attach a true and correct copy of the pardon to the notice, Mr. Biden provided a hyperlink to a White House press release presenting a statement from 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, responding to the president’s statement about his son’s tax case: “the president claims that Mr. Biden was ‘treated differently’ than others ‘who paid their taxes late because of serious addictions,’ implying that Mr. Biden was among the individuals who paid taxes early because of addiction. But he isn’t.”
“According to the President, ‘no reasonable person looking at the facts of (Mr. Biden’s) affairs could come to any conclusion other than that (Mr. Biden) was singled out solely because he is (the President’s) son .’ But two federal judges expressly rejected Mr. Biden’s arguments that the administration had prosecuted Mr. Biden because of his familial relationship with the president. And the staff of the Attorney General and the President’s Department of Justice oversaw the investigation that led to the indictment,” Scarsi wrote.
BIDEN SAID TWICE THAT HE WOULD NOT GIVE SON HUNTER BIDEN
“In the president’s assessment, this legion of federal officials, including the undersigned, are unreasonable people,” he said.

Hunter Biden, son of US President Joe Biden, leaves the J. Caleb Boggs Federal Building in Wilmington, Delaware on June 3, 2024. Biden is on trial for a gun crime. (Anna Moneymaker/Getty Images)
The judge said he would dispose of the case as soon as he received the official pardon from “the competent executive authority.”
He also canceled Hunter Biden’s sentencing, which had been scheduled for December 16. The charge carried up to 17 years behind bars, but the first son likely would have received a much shorter sentence under federal sentencing guidelines.
TRUMP PREVIOUSLY PREDICTED THAT BIDEN WOULD GIVE SON HUNTER
‘Subject to the following discussion, the Court assumes that the pardon is effective and will dispose of the case. The Supreme Court has long recognized that, despite its virtually unlimited nature, the power to pardon 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. He began his first trial in Delaware in June, facing three firearms charges, before pleading guilty in a separate tax case in September.
President Biden issues a pardon His son is a departure from his previous comments 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, after a jury of Hunter’s colleagues found him guilty of three gun crimes, the president again said he would not pardon his son.
“I’m not going to do anything,” Biden said after Hunter was convicted. ‘I’ll stick to it the jury’s decision.”
Fox News Digital has contacted the White House for comment.
Emma Colton and Andrea Margolis of Fox News Digital contributed to this report.