A federal judge has refused to throw out a federal gun case against Hunter Biden, rejecting the president’s son’s claim that he is being prosecuted for political purposes as well as other arguments.
District Judge Maryellen Noreika’s ruling increases the prospect that Biden could face trial in the case as early as June, during his father’s reelection campaign.
His efforts to scuttle the other criminal case he faces in California involving tax allegations have also failed.
Norieka denied several defense requests to dismiss the case charging Biden with lying about his drug use in October 2018 on a form to buy a gun that he kept for about 11 days.
His lawyers had argued the case was politically motivated and asserted that an immunity provision from an original plea deal that fell apart still holds.
Hunter Biden attends the annual Easter Egg Roll on the South Lawn of the White House in Washington, U.S., April 1, 2024
Biden became the first child of a sitting president to be indicted. He faces more than 20 years in prison if convicted on the gun charges
District Judge Maryellen Noreika’s ruling increases the prospect that Biden could face trial in the case as early as June
They had also challenged the appointment of Delaware U.S. Attorney David Weiss as special counsel to lead the prosecution.
Noreika, who was appointed to the bench by former President Donald Trump, has not yet ruled on a challenge to the constitutionality of the gun charges. Biden has pleaded not guilty.
The president’s son has acknowledged struggling with an addiction to crack cocaine during that period in 2018, but his lawyers have said he didn’t break the law.
The investigation had looked ready to wrap up with a plea deal last year, but the agreement imploded after a judge raised questions about it.
Under the deal, he would have gotten a plea deal in which he would have gotten two years´ probation after pleading guilty to misdemeanor tax charges.
He also would have avoided prosecution on the gun charge if he stayed out of trouble. He was subsequently indicted.
Biden’s attorneys have argued that prosecutors bowed to political pressure to indict the him amid heavy criticism of the plea deal from Trump and other Republicans.
Prosecutors countered the evidence against him was ‘overwhelming,’ including cocaine residue found in the pouch where he stored his gun.
The president’s son has acknowledged struggling with an addiction to crack cocaine during that period in 2018, but his lawyers have said he didn’t break the law
The above form shows Hunter Biden checked ‘no’ when asked if he is ‘an unlawful user of, or addicted to’ a controlled substance. But the president’s son detailed in his own book that he relapsed in 2018 – the same year he purchased the firearm
A picture from Hunter Biden’s laptop showed the now 53-year-old first son posing nude with a firearm
Norieka said in her ruling that Biden’s team provided ‘nothing concrete’ to support a conclusion that anyone actually influenced the special counsel’s team.
The judge wrote: ‘The pressure campaign from Congressional Republicans may have occurred around the time that Special Counsel decided to move forward with indictment instead of pretrial diversion, but the Court has been given nothing credible to suggest that the conduct of those lawmakers (or anyone else) had any impact on Special Counsel. It is all speculation.’
Special Counsel David Weiss brought the gun charges in September, when Biden became the first child of a sitting president to be indicted. He faces more than 20 years in prison if convicted on the gun charges.
Biden’s attorneys argued the gun charges should be dismissed for a variety of reasons including that the law under which he was charged was likely unconstitutional after the U.S. Supreme Court expanded gun rights in a 2022 ruling.
His legal team also had argued that Weiss was not appropriately appointed, that Biden was being selectively prosecuted and that he had a binding agreement that shielded him from prosecution.
Biden also has pleaded not guilty to federal tax crimes in a separate case brought by Weiss in California, facing up to 17 years in prison if convicted. That trial is scheduled to start on June 20.
The special counsel accused Biden of failing to pay $1.4 million in taxes between 2016 and 2019 while spending millions of dollars on drugs, escorts, exotic cars and other high-ticket items.
U.S. District Judge Mark Scarsi in Los Angeles on April 1 rejected Biden’s motions to dismiss the tax indictment.
The Justice Department says Hunter faces up to 17 years in prison for the tax charges.