A federal judge in Delaware rejected Hunter Biden's request to dismiss the gun possession case against him. President Joe Biden's son claimed he was being accused for political reasons, although they did not find sufficient evidence to justify his argument. The trial is expected to begin in mid-June.
In three separate presentations, the defense argued that the case should be dismissed as a "revengeful prosecution."
However, Judge Maryellen Noreika denied the request and noted that Biden's legal team did not provide evidence to support the request, so the case will continue in California courts.
"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. It is all speculation," the judge wrote.
The charges against Hunter Biden
The prosecutor in the case, David Weiss, managed to get a grand jury to indict Hunter Biden on three charges related to the illegal purchase and possession of weapons. In total, they amount to 25 years in prison, although the sentences are usually lighter for those who do not have a criminal record.
According to the accusations, the president's son lied when he claimed that he was not using drugs when he bought a .38-caliber Colt Cobra pistol. One piece of evidence against him involves a statement he completed when he purchased the gun, in which he signed that he was "not an illegal user or addict of marijuana or any depressant, stimulant, narcotic or any other controlled substance."
However, according to prosecutor Weiss, Biden knew "that statement was false and fictitious," and even so, he handed it over to the gun seller to purchase it. The accusation was formalized in mid-September.
Each of the charges appears to be a step in the purchasing process. The first accuses him of lying on the ATF form when he bought the gun, the second claims that he lied to the gun dealer where he bought the gun (again related to the form) and the third accuses him of illegal possession while using drugs or while maintaining an addiction, which constitutes a federal crime.
What awaits Biden if he is found guilty
The Justice Department explained that the president's son could face a maximum sentence of 25 years in prison.
However, the Department of Justice clarified that the sentences are usually lower than the maximum penalties for these crimes. In any case, "a federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other legal factors," the indictment reads.
This charge of illegally possessing a firearm and lying on a federal return should not be confused with the tax evasion charges Hunter Biden faces in California.
In that indictment, the president's son faces nine charges, including failure to file and pay taxes, evaluation evasion, and false or fraudulent tax returns. Special prosecutor David Weiss is handling both cases.
