A federal appeals court has rejected a bid by Hunter Biden to dismiss gun charges brought against him by special counsel David Weiss last year. The court ruled that Hunter Biden failed to show that lower court orders denying his requests to toss out the indictment are appealable before final judgment. This decision allows for a trial against Hunter Biden to move forward, but also leaves open the possibility for another appeal if he is convicted. The ruling was made by Judges Patty Shwartz, Cindy Chung, and D. Brooks Smith on procedural grounds.
Hunter Biden’s lawyer, Abbe Lowell, stated that the issues involved in the case are important and further review of their request is appropriate. Hunter Biden had argued that the charges brought against him were unprecedented, unconstitutional, and violated a diversion agreement reached with federal prosecutors that collapsed in July. He was indicted in September on three felony counts related to his purchase of a firearm in 2018 while he was a drug user. Hunter Biden pleaded not guilty to the charges and is also facing federal tax charges in California.
Prosecutors alleged that Hunter Biden unlawfully possessed the firearm for 11 days and made false statements on a gun purchase form. They argued that the diversion agreement, which required him to refrain from using drugs and alcohol and barred the purchase and possession of firearms, remains legally binding. Hunter Biden’s lawyers claimed that politics were at play in the charging decisions and that he was vindictively and selectively prosecuted by Weiss. However, federal prosecutors disagreed with these contentions, stating that the charges were a result of Hunter Biden’s own choices and not influenced by any outside noise from politicians.
Special counsel David Weiss, who also serves as Delaware’s U.S. attorney, was appointed to carry out the Hunter Biden probe by former President Donald Trump. Attorney General Merrick Garland opted to keep Weiss in that position and later appointed him as special counsel. A trial in the Delaware case is set to start in June. Hunter Biden’s lawyer has indicated that they may seek further review of the case. The president’s son has maintained his innocence and pleaded not guilty to the charges brought against him.
