A federal appeals court denied Hunter Biden’s request to dismiss the federal gun charges filed against him by special counsel David Weiss in the previous year.
In an unsigned opinion, a three-judge panel has stated that Hunter Biden’s attempts to have the indictment thrown out were unsuccessful. The panel ruled that he did not provide sufficient evidence to show that the lower court orders can be appealed before a final judgment. As a result, the trial against Hunter Biden can proceed, while still leaving the door open for another appeal in case of a conviction.
The unanimous decision by Judges Patty Shwartz, Cindy Chung, and D. Brooks Smith was based on procedural grounds.
According to Hunter Biden’s lawyer, Abbe Lowell, he expressed in a statement that they believe the issues at hand are of significant importance and therefore, it is appropriate to seek further review of their request.
According to Hunter Biden, the charges against him are “unprecedented” and “unconstitutional.” He argues that these charges violated a diversion agreement that was previously reached with federal prosecutors. Unfortunately, this agreement collapsed in July when a judge refused to approve it. In September, Hunter Biden was indicted and now faces three felony counts related to his purchase of a Colt Cobra 388PL revolver in 2018, during a period when he was using drugs.
Hunter Biden, the son of President Biden, is facing legal troubles as he has been accused of unlawfully possessing a firearm for 11 days and providing false information on a gun purchase form. However, Hunter Biden has pleaded not guilty to these charges, which were filed in Delaware. In addition, he has also been indicted in California on nine federal tax charges, to which he has pleaded not guilty as well. Hunter Biden is now striving to have the indictment in California dismissed, just like in Delaware.
Hunter Biden’s lawyers argued in court filings that the diversion agreement, which imposed conditions such as abstaining from drugs and alcohol and prohibiting the purchase and possession of firearms, is still legally binding and valid. They also alleged that political motives influenced the charging decisions, asserting that he was “vindictively and selectively prosecuted” by Weiss.
According to court filings, federal prosecutors have refuted the arguments made by the defendant, stating that the charges against them are not baseless or influenced by former President Trump. They assert that the charges are a direct consequence of the defendant’s own actions and were brought forward independently of any political interference.
Weiss holds the position of Delaware’s U.S. attorney, a position he was appointed to by former President Donald Trump. Attorney General Merrick Garland chose to retain Weiss in this role and subsequently designated him as special counsel to conduct the Hunter Biden investigation.
