A federal judge has rejected several attempts by Hunter Biden to throw out his felony gun indictment in Delaware.
The trial — the first-ever against the child of a sitting US president — is scheduled to begin in early June, as his father, President Joe Biden, campaigns for reelection.
Federal Judge Maryellen Noreika issued the rulings Friday in the closely watched case. Hunter Biden has pleaded not guilty to charges of lying on federal firearm forms and owning a gun while using illicit drugs.
On claims from Hunter Biden’s attorneys that he was being selectively prosecuted because he is the son of President Joe Biden, the judge noted that the attorney general who appointed special counsel David Weiss – who is overseeing the two cases against Hunter Biden – was appointed by his father, who is in charge of the executive branch of the government.
“The Executive Branch that charged Defendant is headed by that sitting President – Defendant’s father. The Attorney General heading the DOJ was appointed by and reports to Defendant’s father. And that Attorney General appointed the Special Counsel who made the challenged charging decision in this case – while Defendant’s father was still the sitting President,” the judge wrote.
“Defendant’s claim is effectively that his own father targeted him for being his son, a claim that is nonsensical under the facts here,” she added.
The judge also ruled that Hunter Biden’s defunct 2023 deal with Weiss didn’t give him immunity from the current prosecution and rejected his argument that the charges were politically motivated.
The judge concluded that Hunter Biden “has failed to offer clear evidence” that Weiss abandoned last year’s proposed deal to resolve the matter, and instead pursued an indictment, because of Hunter or Joe Biden’s “political affiliations.”
In fact, “there appear to be legitimate considerations that support the decision to prosecute,” she wrote.
The docket doesn’t show a ruling yet on a key motion from Hunter Biden challenging the constitutionality of the gun laws used to charge him.
In addition to the Delaware-based gun case, Hunter Biden is facing several federal tax charges in California.
The judge in the tax case also rejected many of these same arguments about the 2023 agreement and the supposed politicization of Weiss’ investigation.
The tax trial is set to begin in late June.
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