Raw: [
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] {Article Source: https://www.delawareonline.com/story/news/politics/2023/10/02/hunter-biden-federal-court-gun-charges/70970662007/}
News Sports Life First State Favorites Advertise Obituaries eNewspaper Legals POLITICSWhat to expect from Hunter Biden’s Delaware court hearing Tuesday over felony gun case Xerxes WilsonDelaware News JournalHunter Biden, son of President Joe Biden, is scheduled to appear Tuesday in a federal court in Wilmington where he is expected to plead not guilty to firearms charges.He was indicted last month on felony gun charges following years of investigation by federal prosecutors in Delaware and months of legal wrangling over a prior agreement with prosecutors to see the firearms offenses dismissed.In September, prosecutors charged Hunter Biden with three weapons charges, claiming he purposefully deceived a firearms dealer in New Castle County when he purchased a .38-caliber revolver in 2018. Specifically, prosecutors claim that Biden, in purchasing the gun, lied on federal forms by denying that he was addicted to any narcotics. The president’s son has acknowledged he was addicted to drugs at the time.The charges carry the potential for 25 years in prison, though a first-time offender like Hunter Biden would likely not receive such a sentence if convicted.In court filings and public statements, an attorney for Hunter Biden criticized the charges as illegitimate and said his client will plead not guilty Tuesday, setting up the potential for a criminal trial in Delaware sometime in the future.What’s happening Tuesday?Hunter Biden’s arraignment and initial appearance in the gun case is scheduled for Tuesday. The purpose of the hearing is essentially for the judge to ensure that Hunter Biden understands his rights and the charges against him, allow him to enter a plea, and for the court to set the terms of his pretrial release.The hearing will occur in the J. Caleb Boggs Federal Building on King Street in downtown Wilmington where dozens of national reporters will stage before and after the hearing. Attorneys on both sides expect the hearing to go quickly, according to their submissions to the court.In recent weeks, Hunter Biden’s attorneys asked the court to allow him to attend via video conference.In a letter written to the judge, attorney Abbe Lowell said his client understands his rights and the charges against him, intends to plead not guilty and so traveling from his home in California to Wilmington would be unnecessary for “what should be a rather short proceeding.”RECENT: Hunter Biden indicted on federal gun charges for allegedly lying about drug addictionProsecutors under Davis Weiss, the U.S. Attorney for Delaware, argued that Hunter Biden’s appearance in person was “important to promote the public’s confidence that the defendant is being treated consistently with others.”They also argued that Hunter Biden’s in-person attendance will be more “conducive” to sorting out any issues that may arise, citing contradictory statements he made at a July hearing where a deal to stave off the charges he now faces fell apart.Presiding Judge Christopher J. Burke ultimately ruled that Hunter Biden must attend the hearing, which was originally scheduled to occur last week.What’s changed since July hearing?This will be Hunter Biden’s second federal court appearance in Delaware in recent months.In July, his attorneys had struck a deal with federal prosecutors. The plan for both sides going into that hearing was that Hunter Biden would plead guilty to two misdemeanor tax charges and enter a separate diversion agreement to stave off prosecution on the gun charges.That diversion agreement gave him immunity from potential future prosecutions involving his finances as long as he abided by the terms of that agreement.However, the parties’ accord unraveled under questioning from presiding District Judge Maryellen Noreika.Noreika’s questioning exposed differing positions between defense attorneys and prosecutors over the scope of immunity the diversion agreement allowed. She also questioned what role she would have in potentially enforcing the agreement, accused both parties of seeking a “rubber stamp” and said she could not accept the plea deal without further information.She ordered the parties to amend the wording of the agreement and submit further briefings, but the divide between the attorneys exposed in the hearing only grew after the court adjourned.LOCAL COVERAGE: How Hunter Biden’s plea agreement fell apart in federal court, leading to not guilty pleaSince then, federal prosecutors filed paperwork dismissing the tax charges and indicating they will refile the charges in either California or Washington D.C. They also told the court they regard the gun-diversion agreement as dead. Hunter Biden’s attorneys have told the court the agreement is still in place.It is unclear if Tuesday’s hearing will address the disputed diversion agreement.What could come next?The situation puts the president’s son on track for a potential criminal trial in Delaware as his father campaigns for reelection. But it’s likely defense attorneys will seek to have the charges thrown out ahead of that potential trial.In a written statement published by USA Today, Lowell, one of Hunter Biden’s lawyers, labeled the new firearms charges as a product of political pressure. He said nothing changed in the weeks since prosecutors were willing to not pursue the charges with the diversion agreement.He added that the previous agreement Hunter Biden had with prosecutors and recent court rulings elsewhere invalidate the charges.IMPEACHMENT HEARING RECAP:Here’s what witnesses said about Joe Biden, Hunter BidenMeanwhile, Hunter Biden’s finances are also part of a congressional inquiry by Republicans in the U.S. House of Representatives seeking to tie the president to his son’s business dealings overseas. Additionally, a handful of lawsuits over Hunter Biden’s laptop continue to move through the courts.Most recently, Hunter Biden sued Rudy Giuliani, claiming the then-campaign attorney for former President Donald Trump illegally copied, manipulated and distributed his private records.HUNTER BIDEN CASE:Lead prosecutor cut a contentious path during his time in BaltimoreContact Xerxes Wilson at (302) 324-2787 or xwilson@delawareonline.com.Staff Directory Corrections Careers Accessibility Support Site Map Legals Our Ethical Principles Subscription Terms & Conditions Terms of Service Privacy Policy Your California Privacy Rights / Privacy PolicyDo Not Sell / Share / Target My InfoCookie SettingsContact Us Support Local Businesses Advertise Your Business Advertising Terms and Conditions Promote your Event Buy and Sell Licensing & Reprints Help Center Subscriber Guide My Account Give FeedbackSubscribe Today Newsletters Mobile Apps Facebook Twitter eNewspaper Storytellers ArchivesJobs Cars Homes Wilmington Classifieds Dover Classifieds Education 10Best Reviewed LocaliQ Digital Marketing Solutions© 2023 www.delawareonline.com. 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