Biden's Hunter pardon riles Democrats, Senate Democrats confirm 2 new judges, Delaware judge rejects Musk's $56 billion Tesla pay again, and more ??

?? Good morning from The Legal File! Here is the rundown of today's top legal news:

?? Biden's Hunter pardon riles Democrats who defended US justice system

President Joe Biden’s decision to pardon his son Hunter Biden drew sharp criticism from Republicans but also from fellow Democrats, who said the move sets a bad precedent and sows doubt in a U.S. justice system they have tried to defend against President-elect Donald Trump's attacks.

Biden, a Democrat whose term ends on Jan. 20, signed an unconditional pardon for Hunter, 54, on Dec. 1 and said he believed his son had been selectively prosecuted and targeted unfairly by the president's political opponents. On Dec. 2, the White House said Biden also feared his political opponents would continue to persecute the younger Biden in the future.

Biden previously pledged not to intervene in the two criminal convictions against his son. Many of his own allies said they sympathized with the president's urge to help out his troubled son but couldn't back the move.

"President Biden’s decision put personal interest ahead of duty and further erodes Americans’ faith that the justice system is fair and equal for all," U.S. Senator Michael Bennet, a Colorado Democrat.

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? US Senate Democrats secure confirmation of 2 new judges as clock ticks

U.S. Senate Democrats on Dec. 2 secured the confirmation of two federal district court nominees after striking a deal with Republicans to abandon efforts to confirm four of President Joe Biden's other nominees to influential appeals courts.

The Democratic-led Senate voted 48-43 in favor of Los Angeles Superior Court Judge Anne Hwang joining the federal bench as a life-tenured judge in the U.S. District Court for the Central District of California.

The Senate later voted 47-45 in favor of Worcester, Massachusetts-based attorney Brian Murphy becoming a federal judge in his state. He is currently with Murphy & Rudolf and earlier in his career worked as a state-level public defender.

The vote brought the total number of confirmed judicial nominees under Biden to 223, with enough others pending to potentially allow him to narrowly surpass the 234 appointed by Republican President-elect Donald Trump during his first four-year term.

Democrats have only a narrow 51-49 majority in the chamber and are running out of time to confirm judges before handing over control of the chamber in January to Republicans, who are set to have a 53-47 majority following the Nov. 5 election.

Hwang and Murphy both previously worked as public defenders. Biden has now secured confirmation of 48 judicial nominee who previously worked as public defenders, a career background that was often lacking in a federal judiciary long dominated by former prosecutors and ex-law firm partners.

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?? Delaware judge rejects Musk's $56 billion Tesla pay - again

A Delaware judge ruled on Dec. 2 that Tesla CEO Elon Musk still is not entitled to receive a $56 billion compensation package despite shareholders of the electric vehicle company voting in June to reinstate it.

The ruling by the judge, Chancellor Kathaleen McCormick of the Court of Chancery, follows her January decision that called the pay package excessive and rescinded it, surprising investors, and cast uncertainty over Musk's future at the world's most valuable carmaker.

Tesla in a statement on X said, "The ruling is wrong, and we're going to appeal," adding that the judge had overruled a supermajority of shareholders.

Musk and Tesla can appeal to the Delaware Supreme Court as soon as McCormick enters a final order, which could come as soon as this week. The appeal could take a year to play out.

Tesla has said in court filings that the judge should recognize a subsequent June vote by its shareholders in favor of the pay package for Musk, the company's driving force who is responsible for many of its advances, and reinstate his compensation.

McCormick said Tesla’s board was not entitled to hit “reset” to restore Musk’s pay package.

“Were the court to condone the practice of allowing defeated parties to create new facts for the purpose of revising judgments, lawsuits would become interminable,” McCormick said in her 101-page opinion.

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?? Former US diplomat Nuland joins law firm Covington

Victoria Nuland, who was the third-ranking U.S. diplomat until March, is joining U.S. law firm Covington & Burling as a senior advisor in Washington, D.C., the firm said on Dec. 2.

Nuland, known for her staunch support for Ukraine in its war with Russia, most recently was under secretary of state for political affairs at the U.S. Department of State.

She is a career diplomat who earlier served as the State Department's spokesperson, top diplomat for Europe and ambassador to NATO. John Bass replaced Nuland on an acting basis.

Nuland, who is not a lawyer, said she is eager to help U.S. and international companies navigate the "challenging and dynamic geogstrategic period" as a member of Covington's public policy practice and its Global Problem Solving group.

Nuland cited the Russia and Ukraine war, conflict in the Middle East, tensions with China, an incoming U.S. president and a new European Commission. "Everybody is trying to navigate this new dynamic time and make sure that they understand what the risks for their businesses might be, but also what the opportunities might be."

Law firms are expected to see an increase in lawyers and other officials leaving the federal government. Attorneys in the federal government fear major budget cuts when Trump assumes office and are hunting for private-sector jobs in unusually high numbers.

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?? That's all for today, thank you for reading?The Legal File, and have a great day!

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