A federal judge denied Hunter Biden’s attempt to halt the prosecution of his Delaware gun case, deeming it unconvincing and “frivolous.”
U.S. District Judge Maryellen Noreika issued the ruling, rejecting Mr. Biden’s request to stop the investigation led by Special Counsel David Weiss.
Mr. Biden argued that Mr. Weiss’s appointment violated the Appropriations Clause, claiming he is not an “independent counsel” and was not approved by Congress.
The judge found no merit in Mr. Biden’s claims, stating that the use of permanent appropriations to fund special counsels has been well-established and previously upheld.
“Mr. Weiss was lawfully appointed,” Judge Noreika wrote, “to serve as special counsel to conduct investigations and prosecutions relating to this criminal matter.”
‘Not as a Serious Request’: Judge
Judge Noreika ruled that Mr. Biden’s motion was not presented as a “serious request” but rather as a necessary procedural step before he could appeal.
Mr. Biden contended that Mr. Weiss lacked authority from Congress because he “is not an independent counsel and that is by design.”
In their response motion, the prosecution highlighted that Mr. Biden’s attempts to claim Appropriations Clause violations had been struck down in two district and two circuit courts, using the same arguments.
Despite Mr. Biden’s legal maneuvers challenging procedural aspects of the prosecution, the courts have consistently upheld the legitimacy of the special counsel’s appointment and funding.
Mr. Biden is facing three federal firearm offenses stemming from his 2018 purchase and brief possession of a handgun while struggling with drug addiction.
The case is set to go to trial next week on June 3.
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