A federal appeals court unanimously rejected Hunter Biden’s bid Thursday to dismiss the three federal gun charges brought forth by Special Counsel David Weiss in late 2023.
Weiss charged the president’s son on three counts in September 2023 for providing false statements and knowingly possessing the gun while he was addicted to drugs in relation to his alleged purchase of a Colt Cobra revolver in October 2018. His legal team filed four motions in December to dismiss the charges on constitutional grounds.
The panel of three judges — Patty Shwartz, Cindy Chung and D. Brooks Smith — wrote that Biden’s team failed to show how the case is “appealable before final judgment.”
NEW: Third Circuit dismisses Hunter Biden’s appeal of the trial court denials of his motions to dismiss, saying he “has not shown the District Court’s orders are appealable before final judgment.” Two of the judges were appointed by Democrats. https://t.co/ELmAx8LBGR pic.twitter.com/eYyPRWh9qe
— Rob Romano (@2Aupdates) May 9, 2024
Abbe Lowell, an attorney for Biden, said the case requires further review in response to the ruling, according to CBS News.
“In reviewing the panel’s decision, we believe the issues involved are too important and further review of our request is appropriate,” Lowell said. (RELATED: Hunter Biden Blames ‘Republican Extremists’ For Gun Prosecution By Biden Justice Department)
Biden’s team argued in December that the charges violated a pretrial diversion that intended to grant him immunity from any charge relating to the purchase of a firearm if he pleaded guilty to two tax misdemeanors in Delaware. The diversion agreement collapsed at the behest of U.S. District Court Judge Maryellen Noreika, who questioned a prosecutorial immunity provision contained inside the diversion agreement during a July court hearing.
Biden then changed his plea to not guilty to the tax offenses in July and later pleaded not guilty to the gun charges.
Attorney General Merrick Garland appointed Weiss special counsel in August after the collapse of the plea deal and testimony from two IRS whistleblowers accusing the Department of Justice (DOJ) of granting Biden special treatment. Hunter’s legal team argued he is being selectively prosecuted and that the case breaches the separation of powers because of the investigative efforts by the House Oversight and Judiciary Committees.
If convicted, the president’s son faces a maximum of 10 years for the first and third offenses and a maximum of five years for the second offense.
A federal judge dismissed Biden’s request to dismiss nine tax charges against him in an April 1 court decision.