A federal appeals court dismissed Hunter Biden’s request to throw out his gun indictment on Thursday, setting the stage for a high-stakes trial next month in Delaware. Hunter had challenged three pretrial orders denying his motions to dismiss the case, but the 3rd U.S. Circuit Court of Appeals ruled it lacked jurisdiction to review the matter before a final judgment.
The indictment against Hunter involves three gun-related charges stemming from his alleged purchase of a firearm while being a drug user, which violates federal law. He contended the indictment breached a previous “diversion agreement” with the government, but the appeals court found the agreement didn’t grant him immunity from prosecution.
The decision is a victory for Special Counsel David Weiss, who successfully argued that the court lacked the authority to intervene at this stage. The panel, composed of Judges Shwartz, Chung, and Smith, affirmed the trial court’s decision, stating: “The defendant has not shown the District Court’s orders are appealable before final judgment.”
Hunter’s gun saga originates from a 2018 incident when he purchased a firearm at a store in Delaware. The charges center on his response to a question on the background check form asking if he was using illegal drugs. At the time, he was struggling with substance abuse, yet he answered “no” to that question. Later, the gun was temporarily misplaced after his then-partner, Hallie Biden, allegedly disposed of it in a trash can near a grocery store. This raised additional concerns about its location and potential misuse.
In 2023, the Department of Justice charged Hunter with three counts related to that purchase: two counts of making false statements and one count of illegal firearm possession while being a user of drugs. These charges marked a shift from an earlier plea deal involving tax offenses and a firearms charge that had been tentatively reached but later collapsed amid scrutiny by a federal judge.
On Thursday, the court dismissed Hunter’s argument that the charges should be dropped due to prosecutorial vindictiveness and political pressure from the legislative branch. Hunter alleged that his indictment was influenced by partisan forces, violating separation-of-powers principles. The judges rejected the claim, ruling it did not meet the strict criteria for an immediate appeal.
Biden’s legal team had sought a writ of mandamus, an extraordinary remedy, to overturn the indictment, but the court declined, stating, “Mandamus is an ‘extreme’ and ‘extraordinary’ remedy reserved for petitioners with a ‘clear and indisputable’ right to relief… The defendant does not meet that standard, so his request for a writ of mandamus is denied.”
The final ruling leaves Hunter facing a trial scheduled for June 3 in Delaware. His attorneys will now have to navigate the complexities of federal gun law and refute the indictment’s allegations. Special Counsel Weiss’ team is preparing to present their case and will likely rely on the defendant’s own admissions about his drug use to bolster their claims. Republicans are keenly watching for potential fallout, arguing that Hunter’s legal troubles reflect poorly on the Biden administration.