Circuit Judge Don McSpadden declined Monday morning to seal a motion for a protective order filed by an attorney defending Hunter Biden in a paternity lawsuit, according to an attorney representing the child's mother.
A copy of the motion and brief, which had been withheld by Independence County court officials at the request of Biden's attorney, Brent Langdon of Texarkana, Texas, was provided to the newspaper later Monday by Lunden Alexis Roberts' attorney, Clint Lancaster of Benton.
The Arkansas Democrat-Gazette had filed a Freedom of Information Act request for the document, called a "Motion for Protective Order and Incorporated Brief."
Langdon did not return a call Monday afternoon seeking comment.
The judge also quashed a notice of deposition, meaning the son of former Vice President Joe Biden will not have to answer questions Dec. 23 in Little Rock.
A deposition will be scheduled at a later date, according to Lancaster.
McSpadden reached his decision during a conference call with both attorneys, Lancaster said.
During the call, he also granted Langdon's request for a hearing on his "Motion for Protective Order." An order, signed by McSpadden, setting the hearing for 9:30 a.m. Jan. 7, was filed early Monday afternoon. It also quashes the deposition until after the hearing.
[DOCUMENT: Biden's motion for protective order » arkansasonline.com/1217motion/]
McSpadden signed a separate order Monday ordering both sides to provide the court and opposing counsel with "A. their personal tax returns for the past five years; and B. any and ALL financial documents and information showing money or monies they received in the past five years."
The deadline set by McSpadden is 4:30 p.m. Thursday.
The financial documents will be sealed, he added.
McSpadden had previously sealed the identity of the child, referred to in court records as "Baby Doe."
In an order filed Dec. 4, McSpadden had also stated that "all affidavits of financial means, tax returns, or other financial information concerning either party" would be confidential as well.
That included "any documents or pleadings -- including interrogatories or deposition excerpts -- which contain or allude to confidential financial information ..."
In the motion and brief filed Friday, Hunter Biden's attorney argued that McSpadden's protective order wasn't broad enough.
"Although the Court has entered a protective order in this cause, only those deposition excerpts that 'contain or allude to confidential financial information shall be sealed,'" Langdon wrote. "Foreseeably, all other information obtained at the deposition that is not considered 'financial information' would be open to the world's media including other third persons who are only interested in matters unrelated to the issues before this Court. Public disclosure of the deposition can only be for the purpose of continued annoyance or attempts to embarrass the Defendant."
In the Friday filing, Langdon had asked that the deposition be "sealed and opened only by order of the Court."
Langdon had objected to the timing of the Dec. 23 deposition, noting its proximity to the holidays. He had also expressed concerns about the open-ended nature of the deposition.
[DOCUMENT: Judge's order setting hearing for protective order » arkansasonline.com/1217order/]
"Without limitations for [Hunter Biden's] examination, the deposition could turn to matters sought only for the purpose to unreasonably 'annoy, embarrass, or oppress' the Defendant," Langdon wrote.
In the motion and brief, Langdon noted that Hunter Biden's father "is the front-runner for nomination of the Democratic Party for the Office of President of the United States and the former Vice-President of the United States."
"To avoid annoyance, embarrassment, oppression, or undue burden and expense to the parties and their attorneys by appearing for a deposition in Little Rock, Arkansas on Christmas Eve/Eve for unrestricted questioning, which will undoubtedly lead to objections and possibly suspension of such deposition, [Hunter Biden] requests that the Court direct the parties with an order 'that certain matters not be inquired into, or that the scope of the discovery be limited to certain matters,'" Langdon wrote, quoting from the Arkansas Rules of Civil Procedure.
The document wasn't yet available on CourtConnect, the online portal, early Monday afternoon.
Independence County circuit clerk officials had sought legal guidance shortly after the Democrat-Gazette requested the document.
In a letter Monday, Independence County Attorney Daniel Haney said officials there had sought guidance from McSpadden and were "waiting upon a written, final order on the motion before it acts" to "1) either keep the document sealed or 2) release the document."
County officials would comply with whatever McSpadden ordered, Haney added.
Roberts' paternity suit, filed May 28, alleges that she and Hunter Biden "were in a relationship" and that "Baby Doe" was born in August 2018 "as a result of that relationship."
The 28-year-old Arkansas State University graduate is asking the court to establish that Hunter Biden, 49, is the baby's biological father and to order him to pay child support and provide health insurance for the toddler.
Hunter Biden initially denied ever having sexual relations with Roberts, according to The New Yorker.
[DOCUMENT: Judge's amended interlocutory order » arkansasonline.com/1217judge/]
DNA testing last month established, "with scientific certainty," that Hunter Biden is the baby's father, according to a filing by Roberts' attorney.
Hunter Biden is "not contesting paternity," according to a Nov. 27 motion for continuance filed on his behalf.
In an affidavit dated Nov. 27, Hunter Biden told the court he is unemployed and has had "no monthly income since May 2019."
The Yale-educated attorney, who recently moved to California, has an address in a Hollywood Hills neighborhood, court filings show. The home and property is assessed at $2.5 million, according to the Los Angeles County assessor's office.
It's unclear if Biden owns or rents the place.
Court records indicated that an affidavit of financial means for Hunter Biden had been filed Monday.
Questions about Hunter Biden's finances, employment history and previous substance abuse have been raised by Republicans during the impeachment inquiry into President Donald Trump.
Republicans have questioned Hunter Biden's business dealings in Ukraine and China.
His defenders say there's no evidence of wrongdoing by either member of the family, portraying the attacks as baseless and politically motivated.
Metro on 12/17/2019