Hunter Biden’s attempt to have his gun indictment overturned by a federal appeals court was denied on Thursday, paving the way for a high-stakes trial in Delaware the following month. The 3rd U.S. Circuit Court of Appeals said it lacked jurisdiction to examine the case prior to a final decision, despite the fact that Hunter had appealed three pretrial orders rejecting his petitions to dismiss the case.
Three gun-related allegations are included in Hunter’s indictment because it is alleged that he violated federal law by purchasing a pistol while under the influence of drugs. Although he claimed that the indictment violated a prior “diversion agreement” he had with the government, the appeals court determined that the agreement did not shield him from prosecution.
Special Counsel David Weiss won the case by proving that the court lacked jurisdiction to get involved at this point. The trial court’s ruling was upheld by the panel, which included Judges Smith, Chung, and Shwartz. The panel said, “The defendant has not shown the District Court’s orders are appealable before final judgment.”
Hunter’s gun-related drama began in 2018 when he made a weapons purchase at a Delaware retailer. The charges mostly concern his answer to a query about his use of illegal narcotics on the background check form. Despite his struggles with substance misuse at the time, he responded negatively to that query. Later, after his then-partner, Hallie Biden, allegedly threw the revolver in a trash can next to a grocery shop, it was momentarily misplaced. This sparked more questions regarding its placement and possible abuse.
Three counts were brought against Hunter by the Department of Justice in 2023 in connection with that purchase: two counts of making false statements and one count of possessing an unlawful handgun while under the influence of narcotics. A previous plea agreement including tax violations and a weapons charge, which had been tentatively agreed but subsequently fell apart under the scrutiny of a federal judge, was replaced with these charges.
Hunter claimed that the charges should be withdrawn because of political pressure from the legislative branch and prosecutorial vindictiveness, but the court rejected his position on Thursday. Hunter claimed that the separation-of-powers doctrine was broken and that partisan forces had an influence on his indictment. The justices dismissed the claim, concluding that it did not satisfy the stringent requirements for a prompt appeal.
The court rejected the writ of mandamus, an exceptional remedy that Biden’s legal team had requested be used to overturn the indictment. The court reasoned that mandamus is a “extreme” and “extraordinary” remedy that should only be used by petitioners who have a “clear and indisputable” claim to relief. The defendant’s motion for a writ of mandamus is denied because he does not meet that requirement.
In light of the final decision, Hunter will stand trial in Delaware on June 3. His lawyers will now need to navigate the nuances of federal firearms laws while disputing the charges contained in the indictment. The team led by Special Counsel Weiss is getting ready to make their case, and they’ll probably depend on the defendant’s own confessions of drug use to support it. Republicans, who contend that Hunter’s legal issues reflect poorly on the Biden administration, are closely monitoring any possible ramifications.
