Federal judge rejects ask to delay Hunter Biden gun trial in Wilmington slated for June

A federal judge in Wilmington Tuesday rejected requests by an attorney representing Hunter Biden to delay the gun case trial scheduled for early June.

Biden's lawyer, Abbe Lowell, told U.S. District Judge Maryellen Noreika he could not adequately prepare for trial on the set timeline and that a case currently in front of the U.S. Supreme Court, as well as coming motions in Biden’s case, necessitate delay. Biden was not required to attend the hearing.

Prosecutors claim Biden broke federal law by reportedly lying about his addiction to drugs when he bought a gun in New Castle County in 2018. Biden has appealed, arguing he shouldn’t face a trial after a plea agreement fell apart last July and that prosecutors are being vindictive because of political pressure from Republicans to prosecute the president’s son.

Norieka has already rejected that appeal and last week, a federal appeals court also rejected his effort to dismiss the case. Tuesday’s hearing was the first since that ruling.

Why do attorneys want to delay Hunter Biden's case?

Lowell told Noreika his impression that the June 3 trial start day was “penciled in." Noreika told him that was incorrect.

“We are not ready and are trying to be and cannot be,” Lowell told the judge.

RECENT: Judge refuses to dismiss Hunter Biden's federal tax charges despite plea of political persecution

He set out a litany of reasons why he felt the trial should be delayed. He argued the U.S. Supreme Court is now hearing an appeal in a similar gun case. He noted issues being litigated in California, where Biden faces federal tax charges, could affect the gun case.

He complained that finding an expert to testify for the defense has been difficult. He said there had been evidentiary issues recently brought to light by prosecutors that he cannot attend to in time.

Norieka questioned what he had been doing to prepare for the trial, like how many experts he’d interviewed for potential hire.

“This is not a terribly complicated case,” she told him at one point.

Ultimately, Lowell asked Noreika to reschedule the trial to September, which is after the July date set for Biden’s tax case in California.

Assistant U.S. Attorney Derek Hines told the court that prosecutors are prepared to meet the June date and rejected Lowell’s arguments for delay.

Noreika left the courtroom for a period, returned to the bench and told Lowell she was unpersuaded by his arguments after reviewing some relevant case law.

This prompted Lowell to tender a counter-offer of a July trial date, arguing that he doesn’t have time to file the necessary pretrial motions, sort out witness complications and review evidentiary issues to ensure Hunter Biden receives a fair trial.

“It just cannot be done,” Lowell said, launching into a litany of pretrial maneuvers he claimed he is now “barred” by the court from engaging.

This prompted Noreika to interject, telling Lowell the fact he hasn’t drafted certain motions up until this point doesn’t mean she is barring him from doing so. Ultimately, she held the previously agreed-upon schedule.

Also on Tuesday, prosecutors filed motions aimed at limiting what evidence may be presented and how it may be discussed during the trial.

What is Hunter Biden charged with?

The indictment charges Biden with knowingly deceiving a firearms dealer by buying a Colt Cobra 38SPL revolver on Oct. 12, 2018. He is charged with falsely filling out a federal form denying he was addicted to any narcotics. He is also charged with knowingly possessing the revolver despite the restrictions against people addicted to drugs owning firearms.

Biden has acknowledged he was struggling with addiction at the time.

He faces a maximum sentence of 25 years in prison if convicted − five years for the false statement to the dealer, 10 years for the false statement on the federal form and 10 years for possession of the firearm − but actual sentences typically are shorter than the maximum, according to the Justice Department.

In California, Biden faces nine tax charges that carry a combined maximum penalty of 17 years in prison.

He was indicted on three felony and six misdemeanor tax charges for reportedly failing to pay at least $1.4 million in taxes on time from 2016 to 2019, and evading other taxes, all while spending millions on a lavish lifestyle. Biden's lawyers said he repaid the back taxes before he was charged.

USA Today reporter Bart Jensen contributed to this article.

Contact Xerxes Wilson at (302) 324-2787 or xwilson@delawareonline.com.