Mr. Biden is seeking to challenge the District Court’s decision to reject his motion to dismiss charges against him.
Special counsel David Weiss opposed Hunter Biden’s efforts to stop district court proceedings related to his gun charges, arguing that the appellate court does not have jurisdiction to hear the appeal.
In an April 17 status report and notice of interlocutory appeal, Mr. Biden expressed his intention to present his arguments to an appellate panel at the U.S. Court of Appeals for the Third Circuit, claiming that the district court no longer has jurisdiction as a result.
The prosecution disagreed, stating that the Third Circuit does not automatically gain jurisdiction based solely on Mr. Biden’s notice of interlocutory appeal.
“The defendant is incorrect,” prosecutors added.
In an April 17 status report, Mr. Biden’s attorneys requested “further clarification regarding a scheduling order in this case.” The defense sought a scheduling status conference with the judge due to ongoing appellate actions, upcoming deadlines, and disagreements over the proposed schedule by the special counsel.
Prosecutors interpreted this as an attempt to pause the proceedings.
Mr. Biden’s legal team later argued against the prosecutor’s suggestion to proceed with scheduling a trial while the case is under appeal, deeming the request “unlawful and illogical.”
Prosecutors maintained that Mr. Biden had not met the burden of proving that an appellate court has jurisdiction over the appeal and that attempts to appeal non-appealable district court orders could be blocked from disrupting proceedings.
The defense cited legal precedent to support their position that the district court loses jurisdiction over the appealed aspects of the case once an appeal is filed.
Prosecutors contended that the defense had not properly raised the request to stay proceedings in the court and that the notice of interlocutory appeal filed on April 17 did not strip the district court of jurisdiction.
As a result, the Third Circuit recognizes that district courts retain jurisdiction over appeals that are not subject to interlocutory review.
After Mr. Biden filed with the appeals court, the Third Circuit requested a briefing on the jurisdictional question within 14 days, as the orders on appeal may not be final or appealable at the time.
Case
On April 17, Mr. Biden’s lawyers filed a notice of interlocutory appeal to revisit the arguments with an appellate panel at the U.S. Court of Appeals for the Third Circuit after U.S. District Judge Maryellen Noreika rejected the defense’s dismissal motions.
Mr. Biden’s attorneys argued that he had been granted “immunity” under a government plea deal and diversion agreement from last summer that was nullified. They also claimed that special counsel David Weiss’s appointment and funding were unlawful and that his indictment violated the separation of powers.
Judge Noreika dismissed Mr. Biden’s claims as “not credible” on April 12.
Mr. Biden was indicted in September on charges related to drug use disclosure and unlawful possession of a firearm. The trial is scheduled for June 3.
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