Hunter Biden's latest attempt to scrap gun trial is rejected by judge

U.S. District Judge Maryellen Noreika refused to throw out a federal gun case against Hunter Biden, clearing the way for a June 3 jury trial.

Noreika rejected the president's son's latest attempt to scrap the case, which will set up a spectacle as his father's re-election bid intensifies. 

The president's son, 54, has pleaded not guilty to three felony charges related to him lying about his drug use when purchasing a gun in 2018. 

He faces up to 25 years in prison if he is convicted after the trial that could last up to nine days. 

His efforts to scuttle the other criminal case he faces in California involving tax allegations have also failed.

A picture from Hunter Biden's laptop showed the now 53-year-old first son posing nude with a firearm

Hunter's lawyers have argued the case was politically motivated and asserted that an immunity provision from an original plea deal that fell apart still holds. 

They had also challenged the appointment of Delaware U.S. Attorney David Weiss as special counsel to lead the prosecution.

Last week, an appeals court also rejected Hunter's attempt to nullify the case. 

'This appeal is dismissed because the defendant has not shown the District Court’s orders are appealable before final judgment,' the three-panel appeals court wrote in the judgement last Thursday.

Last month, District Judge Maryellen Noreika also rejected another attempt by Hunter to throw out the case. 

The president's son has acknowledged struggling with an addiction to crack cocaine during that period in 2018, but his lawyers have said he didn't break the law.

The investigation had looked ready to wrap up with a plea deal last year, but the agreement imploded after a judge raised questions about it. 

Under the deal, he would have gotten a plea deal in which he would have gotten two years´ probation after pleading guilty to misdemeanor tax charges.

He also would have avoided prosecution on the gun charge if he stayed out of trouble. He was subsequently indicted.

Biden's attorneys have argued that prosecutors bowed to political pressure to indict the him amid heavy criticism of the plea deal from Trump and other Republicans.

Prosecutors countered the evidence against him was 'overwhelming,' including cocaine residue found in the pouch where he stored his gun.

Hunter faces more than 20 years in prison if convicted on the gun charges

Hunter Biden is the first child of a sitting president to be indicted 

The president's son has acknowledged struggling with an addiction to crack cocaine during that period in 2018, but his lawyers have said he didn't break the law 

The above form shows Hunter Biden checked 'no' when asked if he is 'an unlawful user of, or addicted to' a controlled substance. But the president's son detailed in his own book that he relapsed in 2018 – the same year he purchased the firearm

Special Counsel David Weiss brought the gun charges in September, when Biden became the first child of a sitting president to be indicted. He faces more than 20 years in prison if convicted on the gun charges. 

Biden's attorneys argued the gun charges should be dismissed for a variety of reasons including that the law under which he was charged was likely unconstitutional after the U.S. Supreme Court expanded gun rights in a 2022 ruling.

His legal team also had argued that Weiss was not appropriately appointed, that Biden was being selectively prosecuted and that he had a binding agreement that shielded him from prosecution.

Biden also has pleaded not guilty to federal tax crimes in a separate case brought by Weiss in California, facing up to 17 years in prison if convicted. That trial is scheduled to start on June 20.

The special counsel accused Biden of failing to pay $1.4 million in taxes between 2016 and 2019 while spending millions of dollars on drugs, escorts, exotic cars and other high-ticket items. 

U.S. District Judge Mark Scarsi in Los Angeles on April 1 rejected Biden's motions to dismiss the tax indictment.

The Justice Department says Hunter faces up to 17 years in prison for the tax charges.