Judge Denies Hunter Biden’s ‘Frivolous’ Bid to Halt Delaware Gun Case

Hunter Biden, son of President Joe Biden, listens as his attorney Abbe Lowell makes a statement to the press following a closed-door deposition before the House Committee on Oversight and Accountability, and House Judiciary Committee in the O'Neill House Office Building, in Washington on Feb. 28, 2024. (Samuel Corum/Getty Images)

A federal judge on Wednesday denied Hunter Biden’s bid to halt the prosecution of his Delaware gun case, deeming it unconvincing and “frivolous.”

U.S. District Judge Maryellen Noreika issued the ruling on Wednesday, rejecting Mr. Biden’s request to enjoin the investigation led by Special Counsel David Weiss.

Mr. Biden contended that Mr. Weiss’s appointment violated the Appropriations Clause, arguing that he is not an “independent counsel” and was not approved by Congress.

“The Court should enjoin the Special Counsel from continuing to fund his investigation and prosecution of Mr. Biden without an appropriation from Congress or promptly deny the motion so it can be appealed,” Mr. Biden’s motion, filed on May 14, stated.

The judge found no merit in Mr. Biden’s claims, stating that the use of permanent appropriations to fund special counsels has been well-established and previously upheld.

“Mr. Weiss was lawfully appointed,” under relevant statutes, “to serve as special counsel to conduct investigations and prosecutions relating to this criminal matter,” Judge Noreika wrote in her decision, “and he is an ‘independent counsel’ appointed pursuant to ‘other law’ within the mining of the permanent appropriation.”

‘Not as a Serious Request’: Judge

Judge Noreika ruled that Mr. Biden’s motion was not presented as a “serious request” but rather as a necessary procedural step before he could appeal.

Mr. Biden contended that Mr. Weiss lacked authority from Congress because he “is not an independent counsel and that is by design.”

In their response motion, the prosecution highlighted that Mr. Biden’s attempts to claim Appropriations Clause violations had been struck down in two district and two circuit courts, using the same arguments. Additionally, they contended that Mr. Biden “now offers no new facts or law” to support his motion for an injunction.

Mr. Biden acknowledged that his motion relied on previously rejected arguments. He asked the judge to either enjoin Mr. Weiss “or promptly deny the motion so it can be appealed.”

His motion filed on May 14 stated that if the district court found against him regarding his argument of Appropriations Clause violations, “as it did previously,” then he would “have the basis” to take it to the Third Circuit “to address this issue when considering Mr. Biden’s forthcoming petition for rehearing and rehearing en banc.”

In calling his request unserious, the judge highlighted the motion’s length, at four and a half pages, and noted that half of it was dedicated to “explaining why the Third Circuit would have jurisdiction over an appeal should this Court deny the requested injunction.”

“The Court has no reason to believe that Defendant’s inevitable appeal of this denial of his motion for an injunction is any more meritorious than his prior efforts,” Judge Noreika wrote.

Attorney General Merrick Garland appointed Mr. Weiss as special counsel on Aug. 11, 2023, to oversee this case and Mr. Biden’s separate tax case in a California court.

Prior Rejected Arguments

Despite Mr. Biden’s series of legal maneuvers, which largely challenged procedural aspects of the prosecution rather than substantive charges, the courts have consistently upheld the legitimacy of the special counsel’s appointment and funding.

Mr. Biden is facing three federal firearm offenses stemming from his 2018 purchase and brief possession of a handgun while struggling with drug addiction.

Mr. Biden, the son of President Joe Biden, was initially charged on June 20, 2023. A grand jury indicted him in September 2023. He first sought to dismiss the charges in December 2023. This was denied on April 12, after which he unsuccessfully appealed various rulings.

Judge Noreika’s ruling on Wednesday came a day after the Third Circuit Court of Appeal rejected Mr. Biden’s appeal to have the indictment dismissed. That decision by a panel of three judges found that the district court’s order denying his motion to dismiss was not appealable, stating that “criminal defendants ordinarily cannot appeal until after final judgment.”

Earlier in the case, on May 14, the district court rejected his request to delay the trial, and on May 21, the Third Circuit denied his motion to stay the district court proceedings. These setbacks came after the Third Circuit dismissed Mr. Biden’s appeal for lack of jurisdiction on May 9.

The case is set to go to trial next week on June 3.