WASHINGTON — A federal judge in Delaware declined Friday to dismiss a federal gun case against Hunter Biden, rejecting the president’s son’s claim that he is being prosecuted for political purposes as well as other arguments.
The ruling by US District Judge Maryellen Noreika increases the chance that Biden could appear in court as early as June, in the middle of his father’s re-election campaign. His efforts to resolve the other criminal case he faces in California involving tax allegations have also failed.
Norieka denied several defense requests to dismiss the case accusing Biden of lying about his drug use in October 2018 on a form to purchase a gun that he kept for about 11 days.
His lawyers had argued that the case was politically motivated and argued that an immunity provision from an original plea deal that fell apart still stands. They had also challenged the appointment of U.S. Attorney David Weiss of Delaware as special prosecutor to lead the prosecution.
Noreika, who was appointed to the bench by former President Donald Trump, has not yet ruled on a challenge to the constitutionality of the gun charges.
Biden has pleaded not guilty. A representative for his legal team did not immediately respond to a request for comment Friday.
The president’s son has acknowledged that he was struggling with an addiction to crack cocaine during that period in 2018, but his lawyers have said he did not break the law and that another nonviolent first-time offender would not have been charged.
The years-long investigation appeared poised to end with a settlement last year, but the agreement imploded after a judge raised questions about it. Biden was subsequently indicted.
Under the deal, he would have been on probation for two years after pleading guilty to tax charges. He also would have avoided prosecution on weapons charges if he had stayed out of trouble. He was subsequently indicted.
His lawyers have argued that prosecutors bowed to political pressure to charge the president’s son amid heavy criticism of the plea deal from Trump and other Republicans.
Prosecutors disputed that the evidence against him was “overwhelming,” including cocaine residue found in the bag where he kept his gun, and noted that charges were filed during his father’s presidency.
Norieka said in her ruling that Biden’s team presented “nothing concrete” to support the conclusion that anyone actually influenced the special counsel’s team.
“The pressure campaign by Republicans in Congress may have occurred around the time the Special Counsel decided to proceed with the indictment rather than divert from pretrial proceedings, but the Court has been presented with nothing credible to indicate that the conduct of those legislators (or anyone else) had any effect. impact on the special counsel,” the judge wrote. “It’s all speculation.”
The judge also rejected the defense’s claim that the case should be dismissed because the diversion agreement — the part of the earlier deal that would have allowed the gun case to be expunged from his record — was still valid. The judge said the probation office never actually signed off on approving the diversion agreement, which was necessary for it to go into effect.
He is facing separate tax bills in Los Angeles, alleging he failed to pay at least $1.4 million in taxes in three years while living an “extravagant lifestyle” during his drug-abuse days. The judge overseeing the case rejected eight requests to dismiss the charges earlier this month. Biden’s lawyers told the court on Friday that they will appeal these rulings.
That process will also begin in June.
