Hunter Biden’s lawyers plan to revisit his “immunity” arguments with an appeals panel after a judge rejected his motion to dismiss his gun-related charges in Delaware, according to a notice of appeal filed with a district court on Wednesday.
Following the unfavorable ruling on April 12, Mr. Biden filed a notice of interlocutory appeal with the U.S. District Court for the District of Delaware on April 17.
The filing reveals that Mr. Biden intends to revisit the same argument with an appellate panel at the U.S. Court of Appeals for the Third Circuit.
Mr. Biden’s lawyers have argued that he was granted immunity under a government plea deal and diversion agreement, made last summer but put on hold. They also contend that special counsel David Weiss’s appointment and funding were unlawful and that his indictment breached the separation of powers.
The son of President Joe Biden was indicted last September on two counts related to not disclosing his drug use during a purchase and one count related to unlawfully possessing a firearm while addicted to a controlled substance.
He pleaded not guilty to all charges after negotiations with the government collapsed on a plea deal that would have seen Mr. Biden plead guilty to two tax offenses in order to sidestep a formal firearm-related charge under certain terms.
Appeal Could ‘Jeopardize’ Trial Date
The trial in the case is currently scheduled for June 3. However, this could be put in jeopardy by a status report filed by Mr. Biden’s lawyers on Tuesday, the prosecution has argued in a separate filing on April 17.In Mr. Biden’s status report, his lawyers requested a scheduling status conference with the judge due to their ongoing appellate actions, impending deadlines, and disagreement over the proposed schedule by the special counsel.
His lawyers argued against scheduling a trial while the case is under appeal, calling the special counsel’s request “illogical.” The defense cited legal precedent that when an appeal is filed, the district court loses jurisdiction over the aspects of the case involved in the appeal.
Mr. Biden’s lawyers assert that it would be improper for the district court to address the matter while an appeal is now being sought with the Third Circuit. The filing seeks to delay determining the next steps until the appeal is resolved.
However, Mr. Biden’s lawyers later declined to join this motion and instead proposed submitting a status report.
Mr. Weiss highlights a prior agreement between the parties for a trial date of June 3 and subsequent orders from the court regarding scheduling. The prosecution asserts that the defense’s suggestion of submitting a status report instead of a joint filing for the proposed schedule does not comply with the court’s orders and could potentially disrupt the established schedule and trial date.
“The United States has not agreed to a status report because that does not comply with the Court’s order and instead could jeopardize the schedule and trial date in this matter,” the special counsel wrote.
