His eldest son, Hunter Biden, lost a last-minute appeal to have felony gun charges dismissed before his trial begins in Delaware next week.
Hunter, 54, On May 9, Judge Maryellen Noreika ruled in favor of dismissal. The defendants sought to have three counts thrown out, arguing that prosecutors violated their Second Amendment rights, but the Philadelphia-based 3rd U.S. Circuit Court of Appeals ruled that prosecutors did not have the authority to intervene in the case.
“Criminal defendants generally cannot appeal until a final judgment has been issued.” A three-judge appeals court panel wrote in a two-page order:“A defendant’s Second Amendment defense does not imply a collateral right to an appealable trial.”
The court suggested Biden’s successor could have “constitutional defenses reviewed on appeal after the final judgment.”
The jury was made up of Judge Thomas Hardiman, who was appointed by President George W. Bush, Judge Cheryl Ann Kraus, who was appointed by President Barack Obama, and Judge Ariana J. Freeman, Hunter’s father and an appointee of the current president.
Hunter’s lawyers said:[t]The chilling effect on Second Amendment rights caused by both this prosecution and the district court’s order may continue long after this case is substantially resolved.”
In his initial ruling, Judge Noreika wrote that laws banning drug addicts from possessing firearms, such as the one the eldest son was charged with, were “consistent with the historical tradition of firearms control in this country.”
Hunter’s lawyers cited the Supreme Court’s June 2022 decision in New York State Rifle and Pistol Association v. Bruen, which struck down a century-old New York state law restricting the carrying of concealed guns.
Hunter Biden has pleaded not guilty to all three charges, including two for falsely representing that he was not under the influence of drugs when he purchased a .38-caliber revolver on Oct. 12, 2018, and one for unlawful possession of a firearm.
In addition to these charges, Hunter Biden has been charged with six misdemeanor and three felony counts of defrauding the U.S. government of more than $1.4 million in federal taxes between 2016 and 2019.
Hunter Biden has also pleaded not guilty to the charges and is scheduled to go on trial in Los Angeles from September 5th.
On Sunday night, President Biden met with Hunter Biden’s sister-in-law and former girlfriend, Hallie Biden, whom prosecutors have said they intend to call to testify against Hunter Biden.
Hallie Biden, the widow of Hunter’s late brother Beau, who died of brain cancer in 2015, was in a relationship with Hunter at the time he was buying the gun.
Hunter was attending a dinner in honour of Kenyan President William Ruto at the White House on Thursday. Attorney General Merrick GarlandBurns, who promoted Weiss to special counsel, also attended.
