Liam Conner
Washington – A federal appeals court on Thursday rejected a bid by Hunter Biden to dismiss federal gun charges brought against him by special counsel David Weiss last year.
The three-judge panel said in a unsigned opinion that Hunter Biden has failed to demonstrate that lower court orders denying his requests to dismiss the indictment are appealable before final judgment. The decision allows the trial against Hunter Biden to move forward, but also leaves open the possibility of another appeal if he is convicted.
The decision by judges Patty Shwartz, Cindy Chung and D. Brooks Smith was unanimous and for procedural reasons.
Abbe Lowell, attorney for Hunter Biden, said in a statement: “In reviewing the panel’s decision, we believe the issues involved are very important and further review of our order is appropriate.”
The president’s son argued that the accusations brought against him are “unprecedented” and “unconstitutional” and violated a diversion agreement signed with the Federal Public Ministry that collapsed in July after a judge refused to approve it. Hunter Biden was indicted in September and faces three criminal charges stemming from the purchase of a Colt Cobra 388PL revolver in 2018 while he was a drug user.
Prosecutors alleged he illegally possessed the firearm for 11 days and made false statements on a form used for gun purchases, claiming he was not an illegal drug user. President Biden’s son has declared himself innocent to the gun charges, which were filed in Delaware. He was also indicted in California in December over nine federal tax charges. Biden Hunter declared himself innocent to these accusations and is making similar efforts to dismiss the accusation.
In lawsuits seeking to dismiss the gun charges, Hunter Biden’s lawyers argued that the diversion agreement, which required him to abstain from using drugs and alcohol and prohibited the purchase and possession of firearms as well as other conditions, remains legally binding and valid. They also promoted the idea that politics were at play in the charging decisions and said he was “vindictively and selectively prosecuted” by Weiss.
Federal prosecutors, however, disagreed with these allegations in court filings, writing in part: “The charges in this case are not trumped up or because of former President Trump – they are, instead, the result of the defendant’s own choices and were made despite, not because of any external noise made by politicians.”
Weiss also serves as the U.S. attorney in Delaware, a position to which he was appointed by former President Donald Trump. Attorney General Merrick Garland chose to keep Weiss in that position and later appointed him special advisor to conduct the Hunter Biden investigation.
A trial in the Delaware case is scheduled to begin in June.
Erica Brown contributed to this report
