Judge Rules On Last Minute Appeal In Hunter Case
In a significant legal development, a federal appeals court has denied a request by Hunter Biden's legal team to dismiss the gun charges he faces in federal court next month. The United States Court of Appeals for the Third Circuit dismissed Biden's appeal, which argued that the charges should be thrown out on Second Amendment grounds.
Hunter Biden had sought to appeal a pretrial order that refused to dismiss the charges. However, the court ruled that Biden's Second Amendment defense did not justify a right not to be tried that could be appealed before the trial. The court's decision stated, "The defendant’s Second Amendment defense does not implicate a right not to be tried that can be collaterally appealed."
It further noted that such defenses could be reviewed effectively on appeal after a final judgment is made. Consequently, the court dismissed the interlocutory appeal due to a lack of appellate jurisdiction.
Hunter Biden faces charges related to making false statements on a federal form during a firearm purchase in 2018. Special Counsel David Weiss has charged him with making a false statement during the purchase of a firearm, making a false statement related to information required to be kept by a licensed firearm dealer, and possession of a firearm by a person who is an unlawful user of or addicted to a controlled substance.
Biden has pleaded not guilty to these charges in the U.S. District Court for Delaware. The case is set for its final hearing before jury selection begins on June 3.
Fox News reported that prosecutors intend to use evidence from Biden's book and laptop, including photographs, to support their case that he made false statements on a federal form while purchasing a revolver in 2018, at a time when he was allegedly using narcotics. Despite this, Biden maintains his not-guilty plea.
Judge Maryellen Noreika, overseeing the case, has stated that Special Counsel David Weiss must demonstrate that Hunter Biden was addicted to drugs at the time, but does not need to prove that he was using drugs on the specific day he purchased the firearm. This nuance could play a critical role in the prosecution's strategy and the defense's counterarguments as the trial approaches.
As the case moves closer to jury selection and trial, it continues to attract significant public and media attention, given the high-profile nature of the defendant and the implications for broader legal and political contexts. The court's decision to reject the appeal underscores the legal complexities involved and sets the stage for a closely watched trial.