Joe Biden’s son Hunter loses bid to dismiss firearms case
A federal judge in Delaware refused on Friday to throw out a federal gun case against Hunter Biden, rejecting the president’s son’s claim that he is being prosecuted for political purposes as well as other arguments.
US District Judge Maryellen Noreika’s ruling increases the prospect that Biden could face trial in the case as early as June, in the midst of his father’s reelection campaign.
His efforts to scuttle the other criminal case he faces in California involving tax allegations have also failed.
Norieka denied several defence requests to dismiss the case charging Biden with lying about his drug use in October 2018 on a form to buy a gun that he kept for about 11 days.
His lawyers had argued the case was politically motivated and asserted that an immunity provision from an original plea deal that fell apart still holds.
They had also challenged the appointment of Delaware US Attorney David Weiss as special counsel to lead the prosecution.
Noreika, who was appointed to the bench by former President Donald Trump, has not yet ruled on a challenge to the constitutionality of the gun charges.
Biden has pleaded not guilty. A representative for his legal team didn’t immediately respond to a request for comment on Friday.
The president’s son has acknowledged struggling with an addiction to crack cocaine during that period in 2018, but his lawyers have said he didn’t break the law and another nonviolent, first-time offender would not have been charged.
The years long investigation had looked ready to wrap up with a plea deal last year, but the agreement imploded after a judge raised questions about it. Biden was subsequently indicted.
Under the deal, he would receive two years’ probation for misdemeanour tax charges and avoid prosecution for the gun charge if he stayed out of trouble. However, he was later indicted.
His attorneys have argued that prosecutors bowed to political pressure to indict the president’s son amid heavy criticism of the plea deal from Trump and other Republicans.