Hunter Biden ABC News Screengrab

Federal Judge In Delaware Rejects Delay In Hunter Biden’s Felony Gun Case

Hunter Biden ABC News Screengrab A former FBI agent said Friday that Attorney General Merrick Garland “has egg on his face” after appointing a special counsel in the Hunter Biden probe.
Hunter Biden ABC News Screengrab

In a highly anticipated legal battle, Hunter Biden, the son of President Joe Biden, has found himself at the center of a federal gun case that has captured national attention. The case, which stems from allegations that Biden lied on a government form about his drug use when purchasing a firearm in 2018, has been the subject of intense scrutiny and political maneuvering.

Despite efforts by Biden’s legal team to delay the proceedings, a federal judge in Delaware firmly rejected their request on Tuesday, setting the stage for the trial to commence in June 2024. This decision marks a significant development in the ongoing saga, as the court has made it clear that the case will move forward as scheduled.

As the legal proceedings unfold, the case has become a lightning rod for political tensions, with Republicans claiming that Biden was initially given a “sweetheart deal” and that the charges were brought due to political pressure. The defense, on the other hand, has argued that the prosecution is a result of such political pressure, alleging that prosecutors bowed to Republican demands.

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In the midst of this legal and political maelstrom, the American public is left to grapple with the complexities of the case and its broader implications. This article will delve into the key details surrounding Hunter Biden’s felony gun case, exploring the legal and political dynamics at play, and shedding light on the potential outcomes and their far-reaching consequences.

At the heart of the case are two distinct criminal charges leveled against Hunter Biden. The first charge alleges that he illegally purchased a firearm in October 2018, a time when he was frequently using crack cocaine. Federal law prohibits individuals who use illegal drugs from purchasing or possessing firearms, and this is the basis for the first charge.

The second charge accuses Biden of lying on a government form about his drug use when he made the firearm purchase. This form, known as the ATF Form 4473, requires buyers to disclose any illegal drug use, and providing false information on this document is a federal crime.

Biden has acknowledged his struggles with drug addiction, particularly his addiction to crack cocaine, during the period in question. However, his legal team has maintained that he did not break the law and that the charges against him are politically motivated.

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One of the key arguments put forth by Biden’s defense team is that the federal law prohibiting drug users from owning firearms is unconstitutional under the Second Amendment. They have cited a recent Supreme Court decision, New York State Rifle & Pistol Association v. Bruen, which they believe has constrained the government’s power to regulate gun ownership.

However, the federal judge presiding over the case, Maryellen Noreika, has rejected this argument. Noreika, who was appointed by former President Donald Trump, noted that while the Fifth Circuit Court of Appeals found the drug-user ban to be unconstitutional in one specific situation, the court had explicitly emphasized that its decision was quite narrow.

Furthermore, Noreika stated that the “vast majority” of district courts that have reviewed the drug-user ban in the post-Bruen era have upheld it as constitutional. She has made it clear that Biden can still challenge the constitutionality of the statute as it was applied to him once the trial is complete.

The prosecution, led by Special Counsel David Weiss, has maintained that the charges against Hunter Biden are well-founded and that the case should proceed to trial as scheduled. Weiss alleges that Biden purchased the firearm in October 2018, a time when he was frequently using crack cocaine, and that he lied on the government form about his drug use.

Read: Florida Rep. Matt Gaetz Calls On House To Defend Hunter Biden Whistleblowers

The prosecution has argued that the federal law prohibiting drug users from owning firearms is a valid and necessary measure to protect public safety. They have pointed to the potential risks associated with individuals who struggle with substance abuse having access to firearms.

Weiss has also rejected the defense’s claims of political motivation, asserting that the charges were brought solely based on the evidence and in accordance with the law.

In addition to the constitutional challenge, Hunter Biden’s legal team has pursued several other avenues to have the charges against him dismissed. However, these efforts have been largely unsuccessful thus far.

One motion filed by Biden sought to obtain documents from the Justice Department regarding communications between or among former President Donald Trump, former Attorney General William Barr, and other Trump-era senior department officials concerning the Biden case. This motion was rejected by Judge Noreika, who ruled against Biden’s request.

Furthermore, a three-judge panel on the Third Circuit Court of Appeals also ruled against Biden on a separate group of motions. Biden had sought to have the charges against him dismissed, arguing that he was the victim of selective and vindictive prosecution and that a pretrial diversion agreement he and prosecutors had signed last summer barred the government from charging him.

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The federal judges, however, ruled that Biden cannot make these arguments until after his trial is completed. His lead defense lawyer, Abbe Lowell, has stated that the team will appeal the panel’s decision.

As the case moves forward, the potential outcomes for Hunter Biden are varied and far-reaching. If convicted, he could face significant penalties, including fines and even a prison sentence. The exact punishment would be determined by the court based on the specific charges and the circumstances of the case.

On the other hand, if Biden is acquitted or the charges are ultimately dismissed, it could have significant political implications. A successful defense could be seen as a vindication for the Biden family, potentially undermining the Republican narrative of the case being politically motivated.

Regardless of the outcome, the case has already had a profound impact on the political landscape, with both parties vying to shape the public’s perception of the events. The trial is likely to be closely watched and analyzed, with the potential to influence the broader political discourse surrounding the Biden administration and its handling of such high-profile legal matters.

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