Hunter Biden has pleaded not guilty to three federal firearms charges filed against him.
His arraignment on Tuesday, October 3, 2023, sets the case on a track toward a possible trial in 2024 while his father, President Joe Biden is campaigning for re-election.
Appearing inside in U.S. District Court in Wilmington, Delaware, the junior Biden, 53, was arraigned on three criminal counts; two related to false statements he allegedly made while purchasing the firearm and a third for illegal possession of a firearm while addicted to drugs.
The three charges carry a combined maximum prison sentence of 25 years.
“Mr. Biden pleads not guilty to the three counts that have been brought against him,” His lawyer, Abbe Lowell said to Magistrate Judge, Christopher Burke.
According to the indictment filed by Special Counsel, David Weiss last month, prosecutors allege that on or about October 12, 2018, Hunter Biden knowingly deceived a firearms dealer in Delaware while buying a Colt Cobra 38SPL revolver by falsely stating on a federal firearms application that he was not addicted to any narcotics.
Hunter Biden allegedly certified on the form that “he was not an unlawful user of, and addicted to, any stimulant, narcotic drug, and any other controlled substance, when in fact, as he knew, that statement was false and fictitious,” the indictment reads.
It was said that Hunter Biden kept the gun for about 11 days.
Hunter Biden has acknowledged struggling with an addiction to crack cocaine during that period in 2018, but his lawyers said he did not break the law.
On Tuesday, the judge noted Hunter Biden had been repeatedly tested for drugs and is negative.
Cases like this, against drug users accused of having guns, are rare, and an appeals court has found the underlying statute violates the Second Amendment under new Supreme Court standards.
Hunter Biden had asked for Tuesday’s hearing to be conducted remotely over video feed, but U.S. Magistrate Judge, Christopher Burke sided with prosecutors, saying there would be no “special treatment.”
Lowell To File Motion To Dismiss Charges
Meanwhile, Hunter Biden’s lawyer, Abbe Lowell said in court that he plans to file a motion to dismiss the charges against his client, challenging their constitutionality.
Hunter Biden’s attorneys claim that prosecutors bowed to pressure by Republicans, who have insisted the Democratic President’s son got a sweetheart deal, and that the charges were the result of political pressure.
Referring to Donald Trump’s Make America Great Again slogan, Lowell said in a statement after the brief hearing, “President Trump and his MAGA allies” have forced “the Justice Department to ignore the law and deviate from its policies in cases like this one.”
Lowell added that he will be making a request for an evidentiary hearing.
The judge granted the junior Biden conditional release.
As conditions of pre-trial release, Biden must seek employment; communicate all international travel plans; he may not possess a firearm; he cannot use drugs or alcohol; all medications must be prescribed; he must submit to random drug testing and participate in substance abuse counseling.
The judge said these conditions were “appropriate.”
Hunter Biden left the courthouse shortly after the hearing. The deadline for pre-trial motions in the case is November 3, 2023.
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