Hunter Biden’s lawyers are set to take their “immunity” arguments to an appeals panel after a district judge dismissed their motion to drop Biden’s gun-related charges in Delaware, according to an appeal notice filed with a district court on Wednesday.
After the unfavorable ruling on April 12, Biden submitted a notice of interlocutory appeal to the U.S. District Court for the District of Delaware on April 17. The filing indicates Biden’s intention to present the same arguments to an appellate panel at the U.S. Court of Appeals for the Third Circuit.
The appeal notice specifies that Biden is challenging the court’s April 12 orders, which denied his motions to dismiss the indictment on grounds of immunity from the Diversion Agreement, improper appointment of the special counsel, and violations of separation of powers and the Appropriations Clause.
Biden’s legal team maintains that he was granted immunity through a government plea deal and diversion agreement agreed upon last summer but subsequently put on hold. They argue that special counsel David Weiss’s appointment and funding were unlawful, and his indictment violated the separation of powers.
On April 12, U.S. District Judge Maryellen Noreika, a Trump appointee, dismissed Biden’s motion to drop his three gun-related charges, calling his claims “not credible.” Biden was charged in September with two counts of failing to disclose drug use during a firearm purchase and one count of possessing a firearm while addicted to a controlled substance. He pleaded not guilty to all charges.
The trial in the case is set for June 3, but this timeline could be affected by the ongoing appeal process. Biden’s legal team argues against scheduling a trial while the case is under appeal, as the district court loses jurisdiction over aspects of the case involved in the appeal.
