A federal appeals court on Thursday rejected Hunter Biden’s attempt to appeal his federal gun charges ahead of his scheduled June trial.
The U.S. Third Circuit Court of Appeals denied Biden’s appeal of Delaware judge Maryellen Noreika’s denial of his three motions to dismiss the gun charges. The panel ruled that Biden lacked jurisdiction and failed to prove the orders are appealable, according to a court filing.
“This appeal is DISMISSED because the defendant has not shown the District Court’s orders are appealable before final judgment,” the document reads.
Biden’s team sought to have the gun charges thrown out based on the terms of his failed pretrial diversion agreement, a selective prosecution claim, and an argument that special counsel David Weiss was unlawfully appointed.
Noreika rejected Biden’s motions last month and delivered strong criticism of the selective prosecution claim, given that Biden is being prosecuted by his father’s Justice Department. Similarly, a federal judge in California rejected Biden’s motions to dismiss his federal tax charges stemming from his alleged failure to pay over $1 million in taxes between 2016 and 2019.
The failed appeal means that Biden’s trial will likely begin on June 3, the date Noreika set in March. Noreika said in a scheduling order on Thursday that the trial will last three to six days. It will take place in Delaware federal court. Both parties still have time to exchange exhibits and file pretrial motions ahead of the trial. They will be proposing jury instructions later this month.
Last year, Biden was indicted on three federal gun charges connected to his purchase of a firearm in October 2018 while he was addicted to illicit drugs. He subsequently pleaded not guilty and downplayed the charges in a USA Today op-ed.
President Joe Biden, Hunter’s father, is a staunch proponent of stringent gun restrictions, in line with the Democratic party’s position on the issue. Nonetheless, Hunter Biden’s attorneys have used the Second Amendment and related court rulings as a defense strategy.
Attorney General Merrick Garland, a Joe Biden appointee, designated Weiss special counsel last summer after Biden’s guilty plea agreement for two tax misdemeanors and a single felony gun charge fell apart in court. Weiss is simultaneously serving as the U.S. Attorney for Delaware, and oversaw the Hunter Biden investigation for years before becoming special counsel.
The failed plea deal was linked to a pretrial diversion agreement that contained a prosecutorial immunity provision, warranting skepticism from Noreika. Her skepticism caused a dispute between Biden and the Justice Department, and the plea deal fell apart.
Afterwards, Biden’s attorneys unsuccessfully argued in Delaware and California the pretrial diversion agreement was legally binding. The Justice Department countered by arguing the diversion agreement was not binding and noted the attending probation officer did not sign the document.
House Republicans have made Hunter Biden’s foreign business dealings and Weiss’s criminal investigation the focus of the impeachment inquiry into Joe Biden.