U.S. District Judge Maryellen Noreika declined to dismiss a federal gun case against her Hunter Bidenclearing the way for a jury trial on June 3.
Noreika rejected the president’s son’s latest attempt to have the case thrown out, which will make for a spectacle as his father’s re-election bid mounts.
The president’s son, 54, has pleaded not guilty to three felonies related to lying about his drug use when purchasing a gun in 2018.
He faces up to 25 years in prison if convicted after the trial, which could last up to nine days.
His attempts to scuttle the other criminal case he is facing in California regarding tax allegations have also failed.
A photo from Hunter Biden’s laptop showed the now 53-year-old first son posing nude with a firearm
Hunter’s attorneys have argued that the case was politically motivated and claimed that an immunity provision from an original plea deal that fell apart still stands.
They had also challenged the appointment of Delaware U.S. Attorney David Weiss as special prosecutor to lead the prosecution.
Last week, an appeals court also rejected Hunter’s attempt to have the case dismissed.
“This appeal is dismissed because the defendant has not demonstrated that the trial court’s orders are subject to appeal before final judgment,” the three-panel appeals court wrote in its ruling last Thursday.
Last month, District Judge Maryellen Noreika also rejected another attempt by Hunter to dismiss the case.
The president’s son has acknowledged that he was struggling with an addiction to crack cocaine during that period in 2018, but his lawyers say he did not break the law.
The investigation appeared poised to conclude with a settlement last year, but the agreement imploded after a judge raised questions about it.
Under the deal, he would have received a plea deal in which he would have been placed on probation for two years after pleading guilty to tax charges.
He would have done that too avoided prosecution on gun charges if he stayed out of trouble. He was subsequently indicted.
Biden’s lawyers have argued that prosecutors bowed to political pressure to charge him amid heavy criticism of the plea deal from Trump and other Republicans.
Prosecutors have countered that the evidence against him was “overwhelming,” including cocaine residue found in the bag where he kept his gun.
Hunter faces more than 20 years in prison if convicted of the weapons charges
Hunter Biden is the first child of a sitting president to be indicted
The president’s son has acknowledged that he was struggling with an addiction to crack cocaine during that period in 2018, but his lawyers say he did not break the law.
The form above shows that Hunter Biden checked “no” when asked if he is “an unlawful user of or addicted to” a controlled substance. But the president’s son describes in his own book that he relapsed in 2018 – the same year he bought the firearm.
Special counsel David Weiss filed the gun charges in September, when Biden became the first child of a sitting president to be charged. He faces more than 20 years in prison if convicted on weapons charges.
Biden’s lawyers argued that the gun charges should be dismissed for several 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 had also argued that Weiss was improperly appointed, that Biden was selectively prosecuted and that he had a binding agreement protecting him from prosecution.
Biden has also pleaded not guilty to federal tax crimes in a separate case brought by Weiss in California, and could face up to 17 years in prison if convicted. That process starts 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 expensive items.
U.S. District Judge Mark Scarsi rejected Biden’s requests to dismiss the tax charges on April 1 in Los Angeles.
The Justice Department says Hunter faces up to 17 years in prison on the tax charges.