Washington — A federal appeals court on Thursday denied Hunter Biden's attempt to have federal gun charges brought against him by special counsel David Weiss dismissed.
The three-judge panel stated in an unsigned opinion that Hunter Biden did not demonstrate that lower court rulings denying his motions to throw out the indictment can be appealed before a final judgment. This decision paves the way for a trial against Hunter Biden to proceed, with the option for another appeal if he is convicted.
The ruling, based on procedural grounds, was issued by Judges Patty Shwartz, Cindy Chung, and D. Brooks Smith, and was unanimous.
Hunter Biden's attorney, Abbe Lowell, expressed in a statement, "Upon reviewing the panel's decision, we believe that the issues at hand are of significant importance and warrant further consideration through an appeal."
The president's son contended that the charges against him are "unprecedented," "unconstitutional," and breached a diversion agreement made with federal prosecutors that fell apart in July following a judge's refusal to approve it. Hunter Biden was indicted in September and is facing three felony charges related to his acquisition of a Colt Cobra 388PL revolver in 2018, during a period of drug use.
Hunter Biden Pleads Not Guilty to Gun Charges and Tax Charges
Recently, prosecutors alleged that Hunter Biden unlawfully possessed a firearm for 11 days and made false statements on a form used for gun purchases, claiming he was not an unlawful drug user. The charges were filed in Delaware, where President Biden's son pleaded not guilty. Additionally, Hunter Biden was indicted in California in December on nine federal tax charges, to which he also pleaded not guilty and is currently seeking to dismiss the indictment.
During court filings seeking to dismiss the gun charges, Hunter Biden's lawyers argued that a previous diversion agreement, which prohibited him from using drugs and alcohol and owning firearms, among other conditions, should still be considered legally binding. They also raised concerns about potential political motivations behind the charges, claiming he was "vindictively and selectively prosecuted."
However, federal prosecutors disagreed with these claims, stating that the charges against Hunter Biden were a result of his own choices and not influenced by external factors or political figures. The prosecutors emphasized that the case was brought forward based on the defendant's actions and not due to any outside pressure.
The U.S. attorney in Delaware, who was appointed by former President Donald Trump, is overseeing the case against Hunter Biden. The trial for the Delaware charges is scheduled to begin in June, while Hunter Biden continues to maintain his innocence in both the gun and tax-related allegations.
