A federal appeals court on Thursday denied Hunter Biden’s request to have the federal gun charges filed against him by special counsel David Weiss dismissed.
In an opinion that was not signed by the three-judge panel, it was stated that Hunter Biden was unable to demonstrate that the lower court’s decisions to deny his requests to dismiss the indictment could be appealed before a final judgment. This ruling permits the trial against Hunter Biden to proceed, while also leaving room for a potential appeal in the event of a conviction.
The judges, Patty Shwartz, Cindy Chung, and D. Brooks Smith, unanimously made a procedural decision.
Hunter Biden’s lawyer, Abbe Lowell, expressed his belief that the issues at hand are of significant importance and therefore warrant further examination. Lowell stated, “In reviewing the panel’s decision, we believe the issues involved are too important and further review of our request is appropriate.”
Hunter Biden, the son of the president, has claimed that the charges filed against him are unprecedented and unconstitutional. He argues that these charges go against the diversion agreement he had reached with federal prosecutors, which ultimately fell apart in July due to a judge’s refusal to approve it. In September, Hunter Biden was indicted and now faces three felony counts related to his acquisition of a Colt Cobra 388PL revolver in 2018, during a period when he was using drugs.
Hunter Biden, the son of President Biden, has been accused by prosecutors of unlawfully possessing a firearm for 11 days and making false statements on a gun purchase form, where he claimed he was not an unlawful drug user. However, Hunter Biden has pleaded not guilty to these gun charges, which were filed in Delaware. Additionally, he was indicted in California in December on nine federal tax charges. Once again, he pleaded not guilty and is currently working towards having the indictment dismissed in California as well.
In the court documents filed to dismiss the gun charges, Hunter Biden’s legal team argued that the diversion agreement, which included conditions such as abstaining from drugs and alcohol and prohibiting the purchase and possession of firearms, is still legally binding and enforceable. They also raised concerns about potential political motivations behind the charging decisions, claiming that he was unfairly and selectively prosecuted by Weiss.
According to court filings, federal prosecutors have refuted the claims made by the defendant that the charges against him were politically motivated or influenced by former President Trump. In their argument, they emphasized that the charges were a consequence of the defendant’s own decisions and actions, and were not a product of any external political influence.
Weiss, who was appointed by former President Donald Trump, currently holds two important roles in Delaware. He serves as the U.S. attorney and has been appointed as special counsel by Attorney General Merrick Garland to conduct the Hunter Biden probe. This decision by Garland demonstrates his confidence in Weiss’s capabilities and expertise.
The trial for the Delaware case is scheduled to begin in June.
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