A federal judge has denied Hunter Biden’s bid to halt the prosecution of his Delaware gun case, deeming it unconvincing and “frivolous.” U.S. District Judge Maryellen Noreika issued the ruling on Wednesday, rejecting Mr. Biden’s request to enjoin the investigation led by Special Counsel David Weiss. Mr. Biden contended that Mr. Weiss’s appointment violated the Appropriations Clause, arguing that he is not an “independent counsel” and was not approved by Congress. However, 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. Biden contended that Mr. Weiss lacked authority from Congress because he “is not an independent counsel and that is by design.” The judge highlighted the motion’s length, at four and a half pages, and noted that half of it was dedicated to “explaining why the Third Circuit would have jurisdiction over an appeal should this Court deny the requested injunction.” Judge Noreika wrote that “The Court has no reason to believe that Defendant’s inevitable appeal of this denial of his motion for an injunction is any more meritorious than his prior efforts.
Mr. Biden is facing three federal firearm offenses stemming from his 2018 purchase and brief possession of a handgun while struggling with drug addiction. He was initially charged on June 20, 2023, with a grand jury indicting him in September 2023. Mr. Biden first sought to dismiss the charges in December 2023, but this was denied on April 12 after which he unsuccessfully appealed various rulings. The case is set to go to trial next week on June 3.