Appeals Court Rules On Hunter Case

A federal judge in Delaware has denied Hunter Biden’s attempt to dismiss felony gun charges against him, rejecting his claim that the federal ban on owning guns while using illegal drugs is unconstitutional under the Second Amendment. The ruling clears the way for Biden’s case to proceed to trial on June 3, despite his defense team’s efforts to have the charges dismissed.

The charges against Biden, son of President Joe Biden, stem from his alleged purchase of a handgun in October 2018, during a period when he was reportedly struggling with drug addiction. Special counsel David Weiss alleges that Biden illegally purchased the gun while using crack cocaine and also lied on a government form about his drug use. The charges against him include illegal gun purchases and false statements on a government form.

Biden’s defense team argued in court that the federal law prohibiting people who use illegal drugs from buying guns is unconstitutional, citing a recent Supreme Court decision, New York State Rifle & Pistol Association v. Bruen. However, Judge Maryellen Noreika, who was appointed by former President Donald Trump, was not swayed by these arguments. She noted that while one circuit court has found the drug-user ban to be unconstitutional, the majority of district courts have upheld it as constitutional.

Noreika also pointed to the fact that the Fifth Circuit Court of Appeals emphasized the narrowness of their decision in the Bruen case, specifically pertaining to a habitual marijuana user. She emphasized that Biden can still challenge the constitutionality of the statute as it applies to him after the trial has concluded.

In a separate ruling handed down on the same day, Noreika also denied a motion filed by Biden seeking access to documents held by the Justice Department. These documents involve communications between former President Trump, former Attorney General William Barr, and other senior department officials regarding Biden’s case. Noreika ruled that Biden’s team could not obtain these records until after the trial had concluded.

In another blow to Biden’s defense, a three-judge panel on the Third Circuit Court of Appeals also ruled against him on several other motions. These included his claims of selective and vindictive prosecution and his assertion that a pretrial diversion agreement he signed last year with prosecutors should prevent him from being charged. The judges ruled that these arguments could not be made until after the trial had concluded.

Biden’s lead defense lawyer, Abbe Lowell, said in a statement that the team will appeal the Third Circuit’s decision. The ruling means that Biden’s trial is set to proceed on June 3, barring any further legal challenges from his defense team.

The gun charges against Hunter Biden have been a source of controversy, with some critics alleging that he has received preferential treatment due to his father’s position as president. However, the judge’s rulings indicate that the case will be decided based on the evidence and the law, without any influence from Hunter’s familial ties.

Meanwhile, Biden’s personal struggles with drug addiction have also been in the spotlight, with the defense team acknowledging his past substance abuse issues. The trial will likely focus on whether Biden knowingly broke the law when he purchased the gun and whether he lied on the government form.

The outcome of the trial could have significant implications for Hunter Biden’s future, as a felony conviction could bar him from owning guns and result in other legal consequences. The case has also raised questions about the interpretation of the Second Amendment and the extent of the government’s power to regulate gun ownership, particularly for those with a history of drug use.

As the trial date approaches, both sides are preparing their arguments and gathering evidence for what is sure to be a closely watched and highly publicized trial.


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