A federal appeals court has denied Hunter Biden’s bid to dismiss federal gun charges brought against him by special counsel David Weiss, allowing for a trial to move forward. Hunter Biden had argued that the charges were unconstitutional and violated a previous diversion agreement with federal prosecutors. Prosecutors alleged that he unlawfully possessed a firearm for 11 days and made false statements on a gun purchase form, claiming he was not a drug user. Hunter Biden has pleaded not guilty to the gun charges, as well as to federal tax charges filed against him in California.
Hunter Biden’s lawyers argued that the diversion agreement, which included refraining from using drugs and alcohol and avoiding the purchase and possession of firearms, remains valid. They also claimed that politics played a role in the charging decisions, suggesting he was “vindictively and selectively prosecuted” by Weiss. Federal prosecutors disagreed with these claims, stating that the charges were a result of Hunter Biden’s own choices and not influenced by politics. Special counsel David Weiss was appointed to carry out the Hunter Biden probe by former President Donald Trump’s administration.
The trial in the Delaware gun case is set to begin in June. Hunter Biden’s lawyer, Abbe Lowell, indicated that they believe further review of the panel’s decision is appropriate given the importance of the issues involved in the case. Despite the appeal being denied on procedural grounds, there remains the possibility of another appeal if Hunter Biden is convicted. Prosecutors have maintained that the charges against him are not politically motivated and are based on his actions. Hunter Biden has maintained his innocence in both the gun and tax charges brought against him.
The three-judge panel unanimously rejected Hunter Biden’s request to dismiss the indictment, citing procedural grounds. The judges were Patty Shwartz, Cindy Chung, and D. Brooks Smith. President Biden’s son has faced legal challenges related to his gun purchase and tax issues, with trials set to proceed in both cases. Hunter Biden’s legal team is continuing to fight the charges and assert the validity of the previous diversion agreement with federal prosecutors. The court’s ruling allows for the legal process to move forward in the case against Hunter Biden, without dismissing the charges at this time.
