Hunter Biden Gets Devastating News
Hunter Biden's bid to overturn his gun indictment in a federal appeals court faced a setback on Thursday, setting the stage for a significant trial in Delaware next month.
The 3rd U.S. Circuit Court of Appeals, despite Hunter's appeal of three pretrial orders rejecting his motions to dismiss the case, asserted it lacked jurisdiction to review the matter before a final decision.
Hunter faces three gun-related charges in his indictment, alleging a breach of federal law by purchasing a firearm while under the influence of drugs. Though he argued that the indictment violated a prior "diversion agreement" with the government, the appeals court ruled the agreement didn't shield him from prosecution.
Special Counsel David Weiss secured the victory by establishing the court's lack of jurisdiction at this stage. The panel, comprising Judges Smith, Chung, and Shwartz, upheld the trial court's ruling, stating, "The defendant has not shown the District Court's orders are appealable before final judgment."
The saga surrounding Hunter's gun-related issues began in 2018 with a firearm purchase in Delaware. Primarily, the charges revolve around his response to a question about illegal drug use on a background check form. Despite his substance abuse struggles at the time, he answered negatively.
Later, when his then-partner, Hallie Biden, allegedly disposed of the revolver near a grocery store, questions arose about its whereabouts and potential misuse.
In connection with that purchase, the Department of Justice brought three charges against Hunter in 2023: two counts of making false statements and one count of possessing an illegal firearm while under the influence of drugs. A prior plea deal involving tax offenses and a weapons charge, initially agreed upon but later nullified by a federal judge's scrutiny, was replaced by these charges.
Hunter contended that political pressure from the legislative branch and prosecutorial vindictiveness warranted dismissal of the charges, but the court rejected his arguments on Thursday.
He alleged a breach of the separation-of-powers doctrine and partisan influence on his indictment. However, the justices dismissed these claims, deeming them insufficient for an immediate appeal.
The court dismissed the petition for a writ of mandamus, an extraordinary remedy sought by Biden's legal team to overturn the indictment. Justices reasoned that mandamus is an "extreme" and "extraordinary" measure reserved for petitioners with a "clear and indisputable" right to relief, which the defendant failed to demonstrate.
With the final decision rendered, Hunter is set to face trial in Delaware on June 3. His legal team must now navigate federal firearms laws intricacies while disputing the indictment's charges.
Special Counsel Weiss's team is gearing up to present their case, likely relying on Hunter's own drug use admissions to bolster their arguments. Republicans, viewing Hunter's legal entanglements as a stain on the Biden administration, are closely monitoring potential implications.