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Appeals court refuses to dismiss Delaware case

by SuperiorInvest

Hunter Biden, son of US President Joe Biden, arrives for a closed deposition with members of the Republican-led House Oversight Committee conducting an impeachment inquiry into the president, in the House Office Building O 'Neill in Washington, USA, on February 28, 2024. .

Evelyn Hockstein | Reuters

A federal appeals court on Thursday rejected a request by Hunter Biden to dismiss the criminal gun case pending against him, saying his appeal was premature.

The ruling clears the way for Hunter Biden's trial in the case to begin June 3 in U.S. District Court in Delaware. Biden is the son of President Joe Biden.

In its ruling Thursday, a three-judge panel of the U.S. Court of Appeals for the Third Circuit said Hunter Biden failed to show that the trial judge's April decision allowing the gun case to proceed was appealable before any final ruling, which could include your sentence.

The appeals panel, whose decision was unanimous, did not rule on the merits of Biden's arguments that the indictment should be dismissed.

If Biden is found guilty at trial, he could renew dismissal arguments before the same appeals court he refused to consider in his order Thursday.

Hunter Biden's attorney, Abbe Lowell, suggested he will ask a full panel of Third Circuit judges to reconsider Biden's appeal, and could even ask the U.S. Supreme Court to consider the case.

“In reviewing the panel's decision, we believe the issues involved are overly important and further review of our application is appropriate,” Lowell said.

Biden is charged with three criminal counts related to purchasing a gun while addicted to illegal drugs. He has pleaded not guilty.

In late 2023, Biden's lawyers asked US District Judge Maryellen Noreika to dismiss the indictment against him on three separate grounds.

The first was that the indictment violated a non-prosecution provision in a pretrial diversion agreement that Biden and prosecutors signed ahead of a planned deal in the case to prevent an indictment from exploding last year.

In their second motion to dismiss, Biden's lawyers claimed that he was vindictively and selectively prosecuted because his father is the president. According to this line of argument, the impeachment violates the separation of powers provision of the US Constitution because it was improperly motivated by Republicans in Congress who have made him a political scapegoat to attack the president.

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The third motion to dismiss argued that the appointment of David Weiss as a Justice Department special counsel to handle Biden's cases violated federal rules requiring special counsels to be selected from outside the U.S. government. Weiss was United States Attorney for Delaware at the time of his appointment as special prosecutor, and remains in that position.

Noreika, in separate rulings in April, rejected all three arguments for dismissing the indictment.

Weiss separately accuses Biden in federal court in Los Angeles of tax crimes. In early April, the judge in that case dismissed eight defense motions to dismiss that case, where Biden has pleaded not guilty.

This is a developing story. Please check back for updates.

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