Hunter Biden made another effort Monday to halt his coming trial, which is scheduled to start on June 3.
A Third Circuit Court of Appeals panel declined Hunter Biden’s May 9 motion to dismiss three felony gun charges brought by Special Counsel David Weiss. His attorneys asked either the full court or the panel to reconsider the ruling and prevent the case from moving forward in the meantime, writing there is “no urgency in having an immediate trial.”
“Given the shortness of time before trial, and between the trial in California and this one, Biden seeks an immediate administrative stay of the district court proceedings to allow (1) this Court to have Biden’s motion for a stay briefed and decided; (2) to allow time for the district court to rule on Biden’s Appropriation Clause injunction motion and for Biden to appeal; and (3) for this Court to rule on the pending petition for rehearing by the panel and en banc, and to decide the motion to dismiss that the Special Counsel indicated he would file to challenge Biden’s new appeal,” his attorneys wrote in their emergency motion for an administrative stay.
In a footnote, they alluded to a point earlier raised: both the indictment on gun charges and a separate indictment brought by Weiss in California on tax charges are politically motivated.
“The trials are scheduled back-to-back, with the California trial scheduled for June 20, 2024,” his attorneys wrote. “Republican officials have been pressing for the Special Counsel to bring additional charges and to have the trials before the election as a counterpoint to cases pending against Biden’s father’s opponent.”
Former President Donald Trump’s Manhattan trial on charges brought by Democratic District Attorney Alvin Bragg is currently ongoing.
The Third Circuit panel’s earlier decision rejected requests to dismiss Hunter Biden’s case based on arguments that the indictment violates the terms of a pretrial diversion agreement that was part of his failed plea deal, that the special counsel’s appointment was unlawful and that he was “vindictively and selectively prosecuted.”
Last Tuesday, the judge overseeing Hunter Biden’s case, Maryellen Noreika, rejected an attempt by his attorneys to delay the trial until September.
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