Federal appeals court declines to throw out Hunter Biden gun indictment

In a ruling on Thursday, the 3rd U.S. Circuit Court of Appeals dismissed a request by Hunter Biden’s attorneys to throw out the indictment. U.S. District Judge Maryellen Noreika declined to do so last month, and Biden’s attorneys appealed to the federal court of appeals, hoping that a three-judge panel would side with them.

What are the allegations in this case? In October, Hunter Biden, the son of President Joe Biden, pleaded not guilty to three federal charges related to firearms. The younger Biden faced two charges for lying on a federal form to purchase a Colt Cobra revolver in 2018. He allegedly wrote that he was not using drugs or addicted to drugs at the time of the purchase. Hunter later acknowledged that he had used drugs and was addicted at the time. He faced another charge for allegedly possessing the firearm as a drug user.

Why did the appeals court dismiss Hunter Biden’s request? The appeals court ruled that Biden’s attorneys failed to present any convincing argument to throw out the indictment. Biden’s attorneys had argued that the indictment violated the terms of a non-prosecution provision in a diversion agreement between Biden and the prosecutors.

Hunter Biden’s attorneys further argued that the younger Biden was being vindictively and selectively prosecuted. Additionally, they said the indictment violated the principle of separation of powers, claiming the prosecution was politically motivated and spearheaded by Congress. In response, the appeals court ruled that it was too early to bring this sort of appeal, although Biden’s attorneys could do so after a final judgment.

Finally, the appeals court rejected the argument by Hunter Biden’s attorneys that special counsel David Weiss did not meet the legal requirement to act independently from Congress. Weiss was appointed to head up the prosecution of Hunter Biden.

What happens next? The ruling helps clear the way for Hunter Biden’s trial to begin in June. The trial judge has yet to decide on an additional motion to dismiss the case based on the Second Amendment right to bear arms. It’s also possible that a plea deal or other arrangement could be reached to avoid the trial.

Dig deeper: Read Albert Mohler’s column in WORLD Opinions on Hunter Biden.