Court rejects Hunter Biden’s appeal in gun case, setting stage for trial to begin next month

WASHINGTON — Hunter Biden’s federal gun case should move forward, an appeals court ruled Thursday, paving the way for the president’s son to stand trial on criminal charges in Delaware next month.

Hunter Biden’s lawyers went to the 3rd US Circuit Court of Appeals after the judge overseeing the case rejected his bid to dismiss the prosecution last month. A three-judge panel of the appeals court did not rule on the merits of his claims, but said the court had no jurisdiction to hear the case.

Shortly after that ruling was handed down, U.S. District Judge Maryellen Noreika said in an order that the case would go to trial on June 3 and was expected to last three to six days. Noreika, who was appointed to the bench by former President Donald Trump, later denied another bid to dismiss the case that questioned the constitutionality of the central gun charge.

The rulings clear the way for the Justice Department to bring President Joe Biden’s son to justice in the midst of the president’s re-election campaign. Hunter Biden is charged separately in a California tax case expected to go to trial in late June.

However, his legal team suggested that they would continue to fight the issue, and that they could ask the full Court of Appeal to consider the matter.

“In reviewing the panel’s decision, we believe that the issues involved are too important and that further review of our request is appropriate,” attorney Abbe Lowell said in an emailed statement.

Hunter Biden has pleaded not guilty to lying about his drug use in October 2018 on a form to purchase a gun that he kept in Delaware for about 11 days. He has admitted he was addicted to crack during that period, but his lawyers say he did not break the law.

The years-long investigation appeared poised to end with a settlement last year, but the agreement imploded after a judge raised questions about it. Biden was subsequently indicted.

Under the deal, he would have been on probation for two years after pleading guilty to tax charges. He also would have avoided prosecution on gun charges if he had stayed out of trouble.

His lawyers have argued that prosecutors bowed to political pressure to charge him amid heavy criticism from Trump and other Republicans over the plea deal. They had also challenged the appointment of Delaware U.S. Attorney David Weiss as special prosecutor to lead the prosecution.

Prosecutors disputed that the evidence against him was “overwhelming,” including cocaine residue found in the bag where he kept his gun, and noted that charges were filed during his father’s presidency.

In her ruling last month, Noreika said the defense had presented “nothing credible” to show that lawmakers or anyone else had had any influence over the special counsel, adding: “It’s all speculation.”

He is facing separate tax bills in Los Angeles, alleging he failed to pay at least $1.4 million in taxes in three years while living an “extravagant lifestyle” during his drug-abuse days. The judge overseeing that case rejected eight requests to dismiss those charges earlier this month. Biden’s lawyers told the court on Friday that they will appeal these rulings.