A Delaware judge denied Hunter Biden’s motions to dismiss his federal gun charges on Friday evening as he awaits trial.
U.S. District Judge Maryellen Noreika denied Biden’s motions, which were based on his pretrial-diversion agreement, selective-prosecution claims, and the appointment of special counsel David Weiss, the U.S. attorney for Delaware.
Noreika emphatically rejected Biden’s argument that he is the victim of selective prosecution by David Weiss, an appointee of Attorney General Merrick Garland, who was chosen by his father, President Joe Biden.
“Thus, Defendant’s articulated protected class is apparently family members of politically-important persons,” Noreika wrote. In a footnote, she observed Hunter Biden’s selective-prosecution claim is based on his relationship with President Biden.
“Defendant’s claim is effectively that his own father targeted him for being his son, a claim that is nonsensical under the facts here. Regardless of whether Congressional Republicans attempted to influence the Executive Branch, there is no evidence that they were successful in doing so and, in any event, the Executive Branch prosecuting Defendant was at all relevant times (and still is) headed by Defendant’s father,” Noreika said.
Hunter Biden’s lawyers claimed his prosecution was the result of pressure from former president Donald Trump and House Republicans pursing an impeachment inquiry against his father. Noreika noted Trump is not in office, and the claims against House Republicans are speculation.
Additionally, Noreika shut down Hunter Biden’s effort to subpoena Trump, former attorney general Bill Barr, and two other senior officials who served in the Trump Justice Department. The Biden administration decided to prosecute Hunter Biden on the firearms offenses, and Hunter Biden was not charged during Trump’s tenure, Noreika pointed out.
She was the presiding judge during a hearing last summer at which Hunter Biden was expected to plead guilty to two tax misdemeanors and a felony gun charge pursued by the Delaware U.S. attorney’s office. Noreika questioned a prosecutorial immunity provision tucked inside the pretrial-diversion agreement, resulting in the diversion agreement and guilty plea deal falling apart in July.
Soon after Hunter Biden’s guilty plea collapsed, Garland appointed Weiss special counsel to continue the criminal probe into Hunter Biden. He was indicted on three federal gun charges in September in connection with his purchase of a firearm in Delaware while he was addicted to drugs. Throughout his memoir, Beautiful Things, Hunter Biden chronicled his drug addiction and the struggles that came with it.
The Justice Department has argued that the diversion agreement is legally invalid because it was not signed by a probation officer. To counter the selective-prosecution claim, Weiss and his team have noted the significant amount of evidence against Hunter Biden.
Hunter Biden is simultaneously facing nine federal tax charges in California for allegedly failing to pay more than $1 million in taxes over the 2016–19 tax years. Earlier this month, Judge Mark Scarsi rejected Biden’s eight motions to dismiss the tax charges. As part of his bid to get the tax charges dismissed, Biden’s legal team argued Weiss was unlawfully appointed, and the diversion agreement granted him immunity, claims Scarsi ultimately denied. The selective-prosecution claims brought by Hunter Biden’s legal team were also rejected by Scarsi.
National Review has reached out to Biden’s attorney, Abbe D. Lowell, for comment.