A federal judge dismissed Hunter Biden’s motion to dismiss his three gun charges.
In 2023, Special Counsel David Weiss brought three gun-related charges against Biden. Two counts related to his failure to disclose drug use while seeking to purchase a firearm, and another for unlawful possession of a firearm while addicted to a substance.
Biden’s trial begins June 3.
“The defendant’s appeal is dismissed for lack of appellate jurisdiction,” U.S. Circuit Judges Patty Shwartz, Cindy Chung, and David Smith wrote.
“This appeal is dismissed because the defendant has not shown the District Court’s orders are appealable before final judgment,” the court document states.
In one motion to dismiss, Biden argued that he had been “vindictively and selectively prosecuted,” a violation of “separation-of-powers principles because it was improperly motivated by the Legislative Branch and political pressure.”
The court ruled that “[c]riminal defendants raising those challenges cannot appeal before final judgment.”
Abbe Lowell, Biden’s attorney, suggested that the decision might be under further review.
“In reviewing the panel’s decision, we believe the issues involved are too important and further review of our request is appropriate,” he said.
