A federal appeals court has declined to dismiss the federal gun indictment against Hunter Biden, setting the stage for a significant criminal trial scheduled for next month in Delaware. The 3rd US Circuit Court of Appeals rejected Biden's appeal to overturn previous decisions by the trial judge, allowing the case to proceed.
Special counsel David Weiss, who brought the charges against Biden, successfully argued that the appellate court lacked jurisdiction to review the matter, leading to the dismissal of Biden's appeal. The appellate panel stated, 'This appeal is dismissed because the defendant has not shown the District Court’s orders are appealable before final judgment.'
The trial is set to commence in early June unless a plea deal or alternative resolution is reached. Biden's lawyer, Abbe Lowell, expressed the possibility of seeking further review by the full 3rd Circuit, emphasizing the importance of the issues at hand.
Prosecutors allege that Biden unlawfully purchased and possessed a revolver in 2018 while using illicit drugs, resulting in three felony counts. Biden has pleaded not guilty to all charges, with his legal team arguing that his Second Amendment rights were violated and that the possession of an unloaded gun for a brief period posed no threat to public safety.
US District Judge Maryellen Noreika, who previously oversaw Biden's plea deal hearing, declined to dismiss the gun indictment last month. The 3rd Circuit panel's decision on Thursday emphasized that prior deals with prosecutors do not preclude a trial and do not provide additional grounds for appeal.
In addition to the gun indictment, Biden is also facing a federal tax indictment, with a trial scheduled for late June in California. He has pleaded not guilty to all nine charges related to millions of dollars earned through overseas deals in Ukraine, China, and other countries.
