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Hunter Biden’s latest attempt to dismiss his federal gun case was rejected in a series of rulings Thursday, setting the stage for a high-stakes criminal trial in Delaware next month.
The president’s son had asked the 3rd Circuit Court of Appeals to overturn the trial judge’s earlier decision that allowed the case to proceed and dismiss the charges. But the appeals panel instead rejected Hunter Biden’s appeal related to the invalidated plea deal and his claims that the case was tainted by political bias.
Hours later, trial judge Maryellen Noreika denied Hunter Biden’s motion to dismiss the remainder of the case on Second Amendment grounds.
The ruling paves the way for the first-ever trial against the child of a sitting U.S. president. These are also victories for special counsel David Weiss, who is prosecuting Hunter Biden in two separate criminal cases and fending off fierce opposition from his lawyers.
Gun case cleared, Hunter Biden now faces a dangerous summer legally and politically with back-to-back court cases while his father focuses on his 2024 campaign. The gun trial is scheduled to begin in early June unless the parties reach a plea deal or other agreement to resolve the case, which is always a possibility. A separate tax trial is scheduled to begin in late June.
“As we consider the committee’s decision, we believe that the issues involved are so important that further consideration of our request is appropriate,” Biden attorney Abby Rowell said in a statement about the appeals court’s decision. “We believe there is,” he said, indicating that he may ask the entire committee in Philadelphia. Based in the Third Circuit to review appeals.
Prosecutors allege that Biden violated federal law by illegally purchasing and possessing a revolver in 2018 and using illegal drugs at the time. He has pleaded not guilty to all three felonies.
His lawyers say the charges violate his Second Amendment rights and that “possessing an unloaded gun for 11 days did not pose a threat to public safety.” ” he claimed.
Noreika, who was appointed by President Trump with broad bipartisan support in the Senate, refused to dismiss the gun charges last month. She previously presided over Hunter Biden’s unsuccessful plea bargain hearing last summer.
Hunter Biden also faces federal tax charges, and his trial is scheduled to begin in California in late June. He has pleaded not guilty to all nine charges in the case, which involves millions of dollars earned through transactions in Ukraine, China and other countries overseas.
Weiss’ team will argue that the appeals court does not have the authority to review whether Noreika made any mistakes earlier this year while denying Hunter Biden’s motion to dismiss the gun case. Successful.
“This appeal is dismissed because defendant has failed to show that the district court’s order is appealable prior to final judgment,” the three-judge appeals panel said in a four-page decision.
They rejected his attempts to review a lower court’s ruling on the legality of Weiss’ appointment and whether last year’s failed plea deal that was supposed to resolve the case is still in effect.
A 3rd Circuit panel rejected his appeal on Thursday, saying these types of deals with prosecutors “do not imply a right to a free trial,” adding Hunter Biden to pursue appeal. Said not to give way.
The decision was unanimous and based on procedural grounds. The three-judge panel includes one Republican appointee and two Democratic appointees, including Cindy, who was appointed to the bench by President Joe Biden. Judge Chan was also included.
Additionally, the ruling could make it harder for Hunter Biden to appeal his loss on the Second Amendment challenge, which Noreika rejected Thursday.
Lawyers for Hunter Biden argued that the three firearms charges against him should be dismissed because they violate the Second Amendment.
The specific statutes involved in this case make it a crime to falsely report the use of illegal drugs on a federal firearms registration, and also make it illegal to possess a gun while using those drugs.
Hunter Biden’s lawyers cited a recent 5th Circuit ruling (not including Delaware, where he was indicted) that under the Second Amendment, an individual can be “No longer can people be denied gun ownership for any reason.” ” But the trial judge disagreed with Thursday’s ruling.
“The current state of the law regarding the facial constitutionality of (the law) clearly does not favor the defendant,” Noreika wrote. “No appellate court agreed with his position, and perhaps only one district court found (the law) to be unconstitutional on its face. We support the majority of the cases in favor of constitutionality.”
In United States v. Daniels, the Fifth Circuit, a conservative-leaning appellate court said that a federal gun law that prohibits illegal drug users from possessing firearms is unconstitutional. In reaching this conclusion, the appeals court cited a landmark 2022 Supreme Court decision that changed the framework lower courts must use when analyzing gun regulations.
Prosecutors handling Hunter Biden’s case argued that the 5th Circuit’s ruling was “erroneous.” They also noted that Hunter Biden himself admitted to using illegal drugs while purchasing and possessing a revolver in 2018.
Noreika also on Thursday rejected Hunter Biden’s attempt to obtain internal Justice Department documents that could reveal efforts by former President Donald Trump and his appointees to obstruct long-running criminal investigations. did.
As part of an effort to find evidence that Hunter Biden was being targeted politically, his lawyers said Trump, former Attorney General Bill Barr, other Justice Department officials, or several U.S. attorneys were involved. We requested the submission of documents regarding him.
However, a judge denied that request on Thursday. She previously rejected Hunter Biden’s bid to throw out the case over fears of politicization, and despite Trump calling for Hunter Biden’s prosecution while he was president, the charges remain It noted that it was done under the watchful eye of President Joe Biden and under the supervision of Biden appointees.
“Defendant is not aware of how any of the requested communications between former Justice Department and executive branch officials constitute exculpatory evidence that applies to him and the three firearms-related crimes pursued here.” failed to show that it could do so,” Noreika wrote on Thursday.
This heading and article have been updated with additional developments.
CNN’s Holmes Lybrand and Devan Cole contributed to this report.