May 9 (UPI) — The Third Circuit Court of Appeals Thursday ruled against Hunter Biden‘s effort to have a federal gun charge dismissed, without ruling on the merits of the appeal.
Biden’s trial could start June 3.
On Thursday the Third Circuit Court of Appeals ruled against Hunter Biden’s effort to have a federal gun charge dismissed, clearing the way for a possible trial start date in June. File Photo by Bonnie Cash/UPI | License Photo
The president’s adult son was indicted for allegedly lying about drug use on a federal form filled out to obtain a gun in 2018. According to his lawyers, he owned the gun for just 11 days and never fired it.
A three-judge panel of the court rejected Biden’s appeal because they decided that before a final judgment in the case Biden could not appeal.
“This appeal is dismissed because the defendant has not shown the District Court’s orders are appealable before final judgment,” the decision said.
Unless a new plea agreement is reached, Hunter Biden’s trial is set to begin in June.
In a statement, Biden attorney Abbe Lowell said, “In reviewing the panel’s decision, we believe the issues involved are too important and further review of our request is appropriate.”
That’s an indication Lowell may ask the full Third Circuit U.S. Court of Appeals in Philadelphia to hear the appeal.
In April, Biden lost an appeal before U.S. District Judge Maryellen Norieka, in which he had argued his prosecution was selective and vindictive.
A Thursday order by Norieka set a June 3 trial date and Biden is scheduled to appear for a pretrial conference in court May 24.
According to the appeals court filing Thursday, Biden’s appeal before that court argued the indictment violated a non-prosecution provision in a “diversion agreement” he and the government had previously signed.
Biden also argued in his appeal that he was vindictively and selectively prosecuted and the indictment violated separation of powers principles because “it was improperly motivated by the Legislative Branch and political pressure.”
Biden’s third motion to dismiss, according to the appeals court filing, said the prosecuting U.S. Attorney’s appointment as a special counsel violated a legal requirement that special counsel be “selected from outside the United States Government” and the Special Counsel “improperly used an appropriation established by Congress for “independent” counsel without the requisite independence.”
Special Counsel David Weiss indicted Biden in September 2023 for allegedly making false statements to a firearms dealer when he knew he was “an unlawful user of and addicted to any stimulant, narcotic, drug and any other controlled substance” while possessing the gun.
That’s a felony. Biden also faces tax charges.