Appeals court rejects request from Hunter Biden to have gun charges dismissed

 May 10, 2024

In addition to having been indicted for felony tax evasion, Hunter Biden is also facing federal charges over a firearm he purchased in 2018.

While Biden moved earlier this year to have the charges dismissed, an appeals court just struck down his request. 

Case stems from 2018 Delaware gun purchase

As Delaware Online explained, Biden purchased the .38 caliber revolver at a Wilmington gun store, where he denied being a drug user despite having a well-publicized crack cocaine addiction.

Under federal law, drug users are precluded from purchasing or possessing firearms, as are convicted felons and illegal aliens.

He was indicted after a Trump-appointed judge refused to sign off on an earlier plea agreement which had been negotiated last year.

According to CBS News, Biden's defense attorney Abbe Lowell maintains that his client cannot be prosecuted as the agreement is still legally binding.

Defense attorney claims prosecution is politically motivated

What's more, he contends that Biden is being targeted in an "unprecedented" and "unconstitutional" manner by Special Counsel David C. Weiss.

Weiss was originally appointed to serve as the United States Attorney for Delaware by former President Donald Trump. Attorney General Merrick Garland kept Weiss in that position before elevating him to the status of special counsel in August of 2023.

However, CBS News noted that prosecutors rejected the claim that Biden's legal problems stemmed from a politically motivated vendetta.

"The charges in this case are not trumped up or because of former President Trump — they are instead a result of the defendant's own choices and were brought in spite of, not because of, any outside noise made by politicians," they argued.

Appeals court turns down Biden's dismissal request

Judges Patty Shwartz, Cindy Chung, and D. Brooks Smith serve on a panel for the Third Circuit, and they rejected Biden's request in a ruling on Thursday.

While the unsigned opinion allows for a trial to move forward, it also opens the possibility for an appeal should Biden be found guilty.

For his part, Lowell released a statement which read, "In reviewing the panel's decision, we believe the issues involved are too important and further review of our request is appropriate."

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson
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