A federal judge in Delaware on Friday denied an effort by Hunter Biden to have gun charges against him dismissed, rejecting the first son’s claim that the case is politically motivated.
Lawyers for President Biden’s embattled 54-year-old son had asked US District Judge Maryellen Noreika last December to throw out his felony firearm possession charge and the two related false statement charges brought by special counsel David Weiss.
The first son’s attorneys argued the case against their client is a “selective and vindictive prosecution” and “a breach of separation of powers” because special counsel “buckled under political pressure” from former President Donald Trump and congressional Republicans.
Noreika did not find the argument convincing, blasting Hunter Biden’s claim as “nonsensical.”
“To the extent that Defendant’s claim that he is being selectively prosecuted rests solely on him being the son of the sitting President, that claim is belied by the facts,” Noreika wrote in her 26-page ruling.
The judge noted that it was ultimately the Biden Justice Department that brought charges against Hunter and that Attorney General Merrick Garland – who elevated Weiss to special counsel – was appointed by and reports to Joe Biden.
“Defendant’s claim is effectively that his own father targeted him for being his son, a claim that is nonsensical under the facts here,” Noreika wrote.
“Regardless of whether Congressional Republicans attempted to influence the Executive Branch, there is no evidence that they were successful in doing so and, in any event, the Executive Branch prosecuting Defendant was at all relevant times (and still is) headed by Defendant’s father,” she continued.
Noreika, who was appointed to the bench by Trump, also rejected two other motions filed by Hunter Biden’s attorneys.
One of the motions argued that the indictment against Hunter Biden violated a torpedoed diversion agreement between the first son and the government. The agreement was part of failed plea deal with federal prosecutors.
The other motion challenged the legitimacy of Weiss’ special counsel appointment.
The judge did not rule on a motion challenging the constitutionality of the gun charges.
Hunter Biden has pleaded not guilty to all three charges in the gun case.
He is accused of lying about his drug use on a federal form when he bought a Colt Cobra 38SPL revolver in October 2018, a time during which he has admitted he was addicted to crack cocaine.
The first son faces nine counts related to tax fraud — including three felony charges — in a separate case in California, where he is accused by Weiss’ team of prosecutors of failing to pay at least $1.4 million in taxes over three years while living an “extravagant lifestyle.”
His efforts to have charges in that case dismissed failed earlier this month.
