The 3rd U.S. Circuit Court of Appeals dismissed Hunter Biden’s request to dismiss his gun indictment on Thursday, paving the way for a trial set for next month in Delaware. Hunter had contested three pretrial orders rejecting his motions to dismiss the case, but the appeals court ruled it lacked jurisdiction to review the matter before a final judgment.
Hunter faces three gun-related charges related to his alleged purchase of a firearm while being a drug user, which violates federal law. He argued the indictment breached a previous “diversion agreement” with the government, but the appeals court found the agreement didn’t grant him immunity from prosecution.
The decision is a win for Special Counsel David Weiss, who successfully argued the court lacked the authority to intervene at this stage. The panel affirmed the trial court’s decision, stating the defendant failed to demonstrate appealable orders before final judgment.
Hunter’s legal troubles stem from a 2018 incident where he purchased a firearm in Delaware and allegedly lied on the background check form about drug use. The gun was later reported missing, raising concerns about its potential misuse.
In 2023, the Department of Justice charged Hunter with three counts related to the purchase, shifting from an earlier plea deal involving tax offenses and a firearms charge that fell apart amid judicial scrutiny.
On Thursday, the court rejected Hunter’s argument that charges should be dropped due to prosecutorial vindictiveness and political pressure, ruling it didn’t meet criteria for an immediate appeal.
Hunter’s legal team sought a writ of mandamus to overturn the indictment, but the court denied it, citing the extraordinary nature of the remedy and Hunter not meeting the standard for relief.
The ruling sets the stage for a trial in June, where Hunter’s attorneys will defend against the indictment’s allegations, while Weiss’ team will likely use Hunter’s own admissions about drug use as evidence. Republicans see Hunter’s legal woes as a potential stain on the Biden administration.
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