A federal appeals court Thursday rejected a motion to dismiss a federal gun indictment against Hunter Biden, freeing the way for his criminal trial in Delaware this summer.
The Philadelphia-based 3rd U.S. Circuit Court, in rejecting a Second Amendment argument from Biden's attorneys, said the appeal was dismissed "because the defendant has not shown the District Court's orders are appealable before final judgment," reports CNN.
Prosecutors in the case, led by special counsel David Weiss, say that the president's son violated federal law when he bought and possessed a revolver in 2018 because he was using illicit drugs at the time.
Biden's attorneys argued that the charges violated his constitutional right to own a gun and that "possessing an unloaded gun for 11 days was not a threat to public safety," and asked the court to overturn decisions already reached by the trial judge that the case could continue.
The prosecution argued that the appeals court lacked jurisdiction in the matter and was required legally to dismiss Biden's appeal case.
Biden's trial is scheduled to start in early June unless a plea agreement is reached. The trial judge still has not ruled on another Second Amendment-based motion to dismiss the case.
Biden's attorney Abbe Lowell said in a statement that his team believes the issues are "too important" and that the request to drop the case is "appropriate."
Lowell added that he may ask that the 3rd Circuit Court, based in Philadelphia, rehear the appeal.
Biden has pleaded not guilty to all three felony counts.
Meanwhile, U.S. District Court Judge Maryellen Noreika, an appointee of former President Donald Trump, refused last month to dismiss the gun indictment.
Biden also faces a federal tax indictment in California, where he had pleaded not guilty to all nine charges that revolve around money he made overseas in China, Ukraine, and elsewhere.
Sandy Fitzgerald ✉
Sandy Fitzgerald has more than three decades in journalism and serves as a general assignment writer for Newsmax covering news, media, and politics.
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