A three-judge panel on Thursday denied Hunter Biden’s efforts to block a trial on charges that he lied on a federal form when he purchased a gun.
The members of the U.S. Court of Appeals for the Third Circuit wrote that, “This appeal is DISMISSED because the defendant has not shown the District Court’s orders are appealable before final judgment.”
“The defendant in this criminal case appealed three pretrial orders entered on April 12, 2024, denying his motions to dismiss the indictment.”
One part of Hunter Biden’s arguments was that his legal team had agreed to a deal last year that would make the gun charges go away. That deal was part of a larger deal that fell apart last summer, leading to new charges being filed.
As noted by the New York Post, the charges against Hunter Biden include two counts of making false statements and one count of firearm possession by an unlawful substance abuser.
The order issued Thursday said last year’s deal does not prevent a trial.
“Non-prosecution agreements do not implicate a right not to be tried or any other right that can be collaterally appealed,” the order read.
The odds are that Biden will pardon him and call the whole thing political.
When Hunter goes to trial, it’s a slam dunk that he gets convicted. And a federal conviction generally comes with a prison sentence. https://t.co/J7wDfVsUrO
— Steve Hartkopf (@srobhartkopf) May 9, 2024
Are you voting against Joe Biden?
Yes: 96% (919 Votes)
No: 4% (34 Votes)
The order noted that Hunter Biden’s motion to dismiss “argued (1) he was vindictively and selectively prosecuted and (2) the indictment violated separation-of-powers principles because it was improperly motivated by the Legislative Branch and political pressure,” the three judges wrote.
Those claims have suggested Hunter Biden was charged because of the efforts of House Republicans to delve into the Biden family’s finances.
“Criminal defendants raising those challenges cannot appeal before final judgment,” the order said.
The order also rejected claims that special counsel David Weiss was improperly appointed.
🚨 JUST IN: An appeals court has DENIED Hunter Biden’s request to dismiss his gun charges
Hunter’s throwing a fit that the sweetheart plea deal his father’s DOJ offered was shot down by Judge Noreika
Now, Hunter’s set to go to trial in June on these felonies.
But will we… pic.twitter.com/DdRo2guOac
— Nick Sortor (@nicksortor) May 9, 2024
Delaware-based U.S. District Court Judge Maryellen Noreika issued an order Thursday calling for Hunter Biden’s trial to begin on June 3, noting that she expects it to take three to six days. She scheduled a pre-trial conference for May 24.
Hunter Biden is currently scheduled to be tried in California on federal tax charges in a trial scheduled to begin June 20.
Biden’s lawyer, Abbe Lowell, suggested that he might appeal the panel’s ruling to the full appeals court
“In reviewing the panel’s decision, we believe the issues involved are too important and further review of our request is appropriate,” he said, according to CNN.
