Hunter Biden, son of President Joe Biden, faced a setback in his legal battle as U.S. District Judge Maryellen Noreika rejected his motion to halt the prosecution of his Delaware gun case. This decision, made on Wednesday, deemed Biden’s request as “frivolous,” ensuring the high-profile case will proceed.
According to NTD News, Biden and his attorney Abbe Lowell aimed to stop the investigation led by Special Counsel David Weiss. They argued that Weiss’s appointment violated the Appropriations Clause since he was not approved by Congress as an “independent counsel.” Their motion, filed on May 14, requested the court to either enjoin Weiss from continuing the investigation without congressional appropriation or deny the motion quickly so it could be appealed.
Judge Noreika dismissed these claims, stating that the use of permanent appropriations to fund special counsels is legally established. “Mr. Weiss was lawfully appointed,” she wrote, “under relevant statutes, to serve as special counsel to conduct investigations and prosecutions relating to this criminal matter.”
More Read
In response to the rejection, Biden acknowledged that his motion relied on previously rejected arguments and requested a prompt decision to appeal to the Third Circuit. Judge Noreika noted the brevity of Biden’s motion, highlighting that half of the four-and-a-half-page document focused on justifying the Third Circuit’s jurisdiction over an appeal.
Attorney General Merrick Garland appointed David Weiss as special counsel on August 11, 2023, to oversee the gun case and Biden’s separate tax case in California. Hunter Biden faces three federal firearm offenses related to his 2018 purchase and brief possession of a handgun during a period of drug addiction. He was initially charged on June 20, 2023, with a grand jury indictment following in September 2023.
Biden’s attempts to dismiss the charges have been repeatedly denied, with the latest denial occurring in April 2024. His appeal efforts have also been unsuccessful. The Third Circuit Court of Appeal recently rejected Biden’s appeal to dismiss the indictment, emphasizing that criminal defendants cannot usually appeal until after a final judgment.
Following Wednesday’s ruling, Abbe Lowell made a statement to the press, reiterating their commitment to defending the case vigorously.
