A federal judge in Delaware rejected Hunter Biden’s attorneys’ efforts to toss a federal gun case on Friday night after the defense argued Biden was being targeted for political reasons.
U.S. District Judge Maryellen Noreika denied all of the defense’s motions to dismiss the case and its attempt to argue that an immunity provision from a prior plea deal that fell apart still holds. The defense also argued that the case was politically motivated, claiming there has been vindictive and selective prosecution.
Biden has been charged with lying about his drug use on a federal form when he was purchasing a gun in 2018, to which he has pleaded not guilty, even though he has admitted to using crack cocaine during that period.
The claim that he has been politically targeted centers on the appointment of special counsel David Weiss and allegations that he buckled under Republican pressure to prosecute the president’s son. Defense lawyers also claimed that any other first-time offender would not be charged.
Noreika, who was appointed by former President Donald Trump, responded there was no clear evidence that showed anyone had directly influenced Weiss’s decision.
“The pressure campaign from Congressional Republicans may have occurred around the time that Special Counsel decided to move forward with indictment instead of pretrial diversion, but the Court has been given nothing credible to suggest that the conduct of those lawmakers (or anyone else) had any impact on Special Counsel,” Noreika wrote. “It is all speculation.”
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The ruling comes as Biden faces separate tax charges in California, where prosecutors allege that Biden failed to pay $1.4 million in taxes during a three-year period when he was allegedly extravagantly using drugs. Attempts to dismiss those charges have also failed.
The trial on the federal gun case is scheduled to begin in June, with jury selection slated to begin June 3. The trial is expected to last one week, according to Noreika.
