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U.S. District Judge Maryellen Noreika in Delaware on Friday rejected Hunter Biden’s request to dismiss the gun charges against him. He has pleaded not guilty in the case.
Special Counsel David Weiss has alleged that Hunter lied on a federal gun form about his drug use and that he possessed a firearm while using illegal narcotics.
Weiss has alleged that Hunter Biden lied on the form in October 2018. He kept the gun for 11 days until his then lover, his late brother’s widow, Hallie Biden, tossed the gun in a public trash barrel.
Noreika rejected Biden’s argument that the case was “politically motivated” when she denied the motion for dismissal on Friday. She has not yet ruled on Biden’s challenge to the constitutionality of the gun charges.
Hunter Biden is expected to face this gun charge at his trial on June 3 in Delaware.
Weiss brought the charges after Judge Noreika asked questions during an earlier hearing last year about a proposed plea agreement on these gun charges and tax violations. The judge took issue with the pre-trial diversion agreement that could have permitted Biden to avoid prison time. It was actually a sweeter deal than what Jeffrey Epstein received.
The proposed plea agreement flattened like a popped balloon though when the judge inquired if an investigation was still occurring. The prosecutor said there was an ongoing investigation and Judge Noreika rejected the proposal flat out.
The court was put in an untenable position because if the judge had accepted the deal and further charges surfaced, Hunter Biden would have been able to argue immunity from those charges.
If Judge Noreika had blessed the plea agreement at that time, Hunter Biden would have received two years of probation after pleading guilty to misdemeanor tax charges. Biden has since repaid the back taxes with a loan. He would have avoided prosecution on the gun charge if he stayed out of trouble. But, then the proposed plea agreement crumbled.
If any charges had emerged from any congressional investigations or evidence surfaced that Hunter Biden was engaged in any action that violated FARA regulations requiring him to register with DOJ as agent/lobbyist for a foreign government, which he has not done, Hunter Biden would have been able to argue immunity for those charges, or any other charges if they were to surface. When Judge Noreika rejected that agreement, it fell flat.
But, Biden’s lawyers to date still argue that the immunity provision from the original plea deal still holds although the plea was never approved by the court or even by the probation officer.
Biden’s legal team also has challenged the appointment of Delaware U.S. Attorney David Weiss.
Nevertheless, the Delaware gun charge case before Judge Noreika’s court is separate from Weiss's indictment of Hunter Biden on tax charges in California.
Almost two weeks ago U.S. District Judge Mark Scarsi in Los Angeles, California refused to toss out the tax case against Hunter Biden.
Judge Scarsi denied eight motions to dismiss the indictment accusing Hunter Biden of scheming to avoid paying $1.4 million in taxes.
Hunter Biden has pleaded not guilty to the nine felony and misdemeanor tax offenses in this case.
Biden’s attorney, Abbe Lowell, also has contended in this tax case that the California prosecution is “politically motivated,” among other arguments, but Scarsi found Hunter Biden has little support for those claims.
“Defendant fails to present a reasonable inference, let alone clear evidence, of discriminatory effect and discriminatory purpose,” Scarsi wrote.
Hunter Biden’s attorneys maintained that the handling of the case was abnormal.
“We strongly disagree with the court’s decision and will continue to vigorously pursue Mr. Biden’s challenges,” Lowell said in a statement.
The ruling comes after a three-hour hearing weeks ago where Scarsi seemed skeptical of the defense. Prosecutors, for their part, framed Biden's claims as far-fetched.
Scarsi also dismissed Biden’s claims related to the timing of the charges, IRS whistleblowers, who testified before Congress, and the appointment of the special counsel overseeing the case.
Biden’s defense attorneys had argued that immunity provisions in the deal were signed by a prosecutor and are still in effect, but Scarsi sided with prosecutors who said it never got the required approval of a probation officer. That is the same conclusion that Judge Noreika came to on Friday in the gun case..
If convicted of the tax charges, Hunter Biden, 53, could receive a maximum of 17 years in prison.
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It will be a clownshow just to "exhortate" Hunter.