U.S. District Judge Maryellen Noreika in Wilmington ruled
against Hunter Biden's request to dismiss two counts of lying
about his use of illegal narcotics when he purchased a Colt
Cobra handgun in 2018 and a third count of illegally possessing
that weapon.
The ruling clears the way for a trial on the gun charges,
tentatively scheduled to start on June 3 in Wilmington. Hunter
Biden has pleaded not guilty.
Special Counsel David Weiss brought the gun charges in
September, when Hunter Biden became the first child of a sitting
president to be indicted. He had faces more than 20 years in
prison if convicted on the gun charges.
Republican candidate Donald Trump, seeking to regain the
presidency in the Nov. 5 U.S. election, faces four criminal
indictments of his own.
Hunter Biden's attorneys had argued the gun charges should be
dismissed for a variety of reasons including that the law under
which Hunter Biden was charged was likely unconstitutional after
the U.S. Supreme Court expanded gun rights in a 2022 ruling that
set a tough new test to determine the legality of firearms
restrictions.
Biden's legal team also had argued that Weiss was not
appropriately appointed, that Hunter Biden was being selectively
prosecuted and that he had a binding agreement that shielded him
from prosecution.
Hunter Biden also has pleaded not guilty to federal tax crimes
in a separate case brought by Weiss in California, facing up to
17 years in prison if convicted. That trial is scheduled to
start on June 20.
The special counsel accused Hunter Biden of failing to pay $1.4
million in taxes between 2016 and 2019 while spending millions
of dollars on drugs, escorts, exotic cars and other high-ticket
items. U.S. District Judge Mark Scarsi in Los Angeles on April 1
rejected Hunter Biden's motions to dismiss the tax indictment.
(Reporting by Tom Hals in Wilmington, Delaware; Editing by Will
Dunham)
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