A federal judge in Delaware has declined to dismiss a federal gun case against Hunter Biden, dismissing his assertion that he is being prosecuted for political reasons and other arguments.
The ruling by US District Judge Maryellen Noreika raises the possibility that Hunter Biden may have to go to trial in the case as soon as June, which would coincide with his father's reelection campaign. His attempts to derail the separate criminal case he is facing in California regarding tax allegations have also been unsuccessful.
Judge Rejects Hunter Biden's Bid to Dismiss Gun Charges
The judge, Norieka, rejected multiple defense requests to dismiss the case against Hunter Biden. The charges accuse him of making false statements about his drug use on a gun purchase form, which he possessed for approximately 11 days.
The defense team contended that the case was driven by political motives and maintained that the immunity provision from a previous plea agreement remains valid. Additionally, they questioned the selection of Delaware US Attorney David Weiss as the special counsel in charge of the prosecution.
The judge, Noreika, who was nominated by former President Donald Trump, has yet to make a decision regarding the challenge to the constitutionality of the gun charges.Hunter Biden has entered a plea of not guilty.
In 2018, the president's son openly admitted to facing challenges with crack cocaine addiction. However, his legal team argues that his actions did not violate any laws and that someone in a similar situation, who is a nonviolent, first-time offender, would not have faced charges.
The extensive investigation appeared to be nearing its conclusion with a plea deal last year. However, the agreement fell apart when a judge raised concerns about its validity. Biden was later indicted.
As part of the agreement, he would have received a two-year probation sentence after admitting to misdemeanor tax offenses. Had he managed to stay out of trouble, he could have evaded prosecution for the gun charge as well. He was later charged with a crime.
His attorneys have argued that prosecutors succumbed to external influences in their decision to indict the president's son, which came amidst intense criticism of the plea deal from Trump and other Republicans.
According to NY Times, the prosecution argued that the evidence against him was substantial, pointing to the discovery of cocaine residue in the pouch where he kept his gun. They also highlighted the fact that charges were filed during his father's presidency.
In her ruling, Norieka pointed out that Biden's team failed to present any substantial evidence to support the claim that anyone had influenced the special counsel's team.
Hunter Biden's Tax Case
The judge rejected the defense's argument that the case should be dismissed due to the validity of the diversion agreement, which would have cleared the gun case from the defendant's record. The judge highlighted that the probation office failed to sign off on the diversion agreement, thus rendering it ineffective.
Hunter Biden is currently facing multiple tax charges in Los Angeles, accused of evading payment of at least $1.4 million in taxes over a span of three years. These allegations come at a time when he was leading a lavish lifestyle and struggling with substance abuse.
The judge presiding over that case denied eight motions to dismiss the charges earlier this month. The lawyers representing Biden informed the court on Friday of their intention to appeal the rulings.
According to his legal team, they have also made the argument that the immunity should still be upheld because he gave up certain "valuable rights" as part of the contract, The Hill reported. The trial is set to commence in June.
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