WASHINGTON – Hunter Biden pushed for a delay in his federal gun case on Monday, asking an appeals court to halt the Delaware trial set to begin next month.
Defense lawyers for the president’s son have argued that there is no urgent need to begin the trial on the June 3 date set by the federal judge overseeing the case. They also cite the short period of time between the Delaware trial and the start of another tax collection trial in California.
Hunter Biden pleaded not guilty to lying about his drug use in October 2018 on an application to buy a gun he kept for about 11 days in Delaware. He acknowledged a crack addiction during that period, but his lawyers said he did not break the law.
Lawyers are asking the 3rd U.S. Circuit Court of Appeals to hear a motion to dismiss the charge. The decision was rejected by a panel of three judges who did not rule on the merits of their claims, but said the court did not have jurisdiction to consider the matter.
The lawyers are also appealing a separate ruling by U.S. District Judge Maryellen Noreika, who rejected their claim that the case violates the Constitution’s Second Amendment on firearm ownership.
Those rulings paved the way for the Justice Department to put President Joe Biden’s son on trial in the midst of the president’s re-election campaign. Hunter Biden is separately charged in the California tax case, which is scheduled to go to trial in late June.
The investigation appeared poised to end with a plea deal last year, but the deal imploded after a judge raised questions about the matter. Biden was later indicted.
Under the deal, he would have gotten two years of probation after pleading guilty to misdemeanor tax charges. He also would have avoided prosecution on the gun charge if he had stayed out of trouble.
His lawyers argued that prosecutors bowed to political pressure to indict him amid fierce criticism of the plea deal from Donald Trump and other Republicans. They also challenged the appointment of Delaware U.S. Attorney David Weiss as special counsel to lead the prosecution.
Prosecutors countered that the evidence against him was “overwhelming,” including cocaine residue found in the bag where he kept his gun.
Noreika, who was nominated to the bench by former President Trump, said the defense provided “nothing credible” to suggest that lawmakers or anyone else had any impact on the special counsel, adding, “It’s all speculation.”
Separate tax tallies in Los Angeles allege that Hunter Biden failed to pay at least $1.4 million in taxes over three years while living an “extravagant lifestyle” during his drug-using days. He is separately contesting the rulings rejecting his motions to dismiss those charges.
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