Hunter Biden will appear in federal court next month to enter a plea to gun charges after a judge rejected a request from his eldest son’s defense attorney to allow him to skip a self-trial hearing, according to new court filings.
U.S. Magistrate Judge Christopher Burke on Wednesday ordered the president’s son to appear physically in a Wilmington, Del., federal court Oct. 3 at 10 a.m., asking Hunter and his attorney to be present to discuss the charges and potential conditions of his release before his trial.
Burke initially ordered Hunter to appear on September 26, but declined the seven-day hearing at the request of the first child’s legal team.
In his initial order, Burke acknowledged the in-person trial — two months to the day after a plea deal involving the eldest son collapsed spectacularly in court — would involve “some logistical difficulties” for the US Secret Service, but maintained that Hunter “should be treated the same.” -any other defendant in our Court.”
“Other than during the urgent circumstances of the COVID crisis (when the Court is proceeding under the aegis of the expired CARES Act standing order), in the 12 years as a judge in this Court, the undersigned cannot recall ever appearing before. other than personally,” Burke wrote.
“That has happened to all kinds of defendants, regardless of their location or personal circumstances.”
Special counsel David Weiss has resisted requests from lawyers for Hunter Biden to hold a virtual trial on gun charges brought against the first son. Gripas Yuri/Abaca/Sipa USA
Biden’s attorney, Abbe Lowell, argued in a filing Tuesday that an in-person hearing would be a “logistical burden” and financial strain on federal law enforcement and protective services.
However, special counsel David Weiss asserted in his own filing that there is no precedent for avoiding an in-person appearance for those reasons.
“Biden’s hunters did not argue he was injured or poor,” Delaware’s US attorney wrote. “If ‘convenience’ were a valid basis for warranting virtual proceedings, every defendant would request it in every case.”
Weiss asked U.S. Magistrate Judge Christopher Burke on Wednesday to deny Abbe Lowell’s attorney’s request for a remote hearing, saying Hunter should not receive special treatment. Damian Giletto/Delaware News Journal via Imagn Content Services, LLC
Weiss also said holding the hearing via video teleconference may prevent the judge from assessing Hunter’s “physical, emotional and mental state” — which would help in deciding whether to detain or release him.
Further, prosecutors noted that discussions at Hunter’s plea hearing on July 26 had become “confused” because the parties disagreed about the scope of their agreement – and decided to void it.
“For example, the defendant gave contradictory evidence and his lawyer previously apologized to the court for the way the defendant and his lawyer chose to answer the Court’s questions,” said Weiss.
On September 14, Weiss charged Hunter Biden, 53, with three counts of lying about his drug use when buying a gun in 2018.
“The confusion they caused caused the Court to twice adjourn the proceedings only to finally postpone the decision on the proposed diversion and the proposed plea agreement and then withdraw it.
“While the government expects these proceedings to be straightforward since the parties have not yet reached an agreement to resolve this matter, we believe private proceedings may be more conducive to addressing any unforeseen issues that arise,” Weiss continued.
On September 14, Weiss charged Hunter Biden with three counts of lying about his drug use when purchasing a firearm in 2018. The first son admitted in his 2021 memoir “Beautiful Things” to using crack cocaine at the time.
Lowell argued in Tuesday’s filing that an in-person hearing would be a “logistical burden” and financial strain on the US Secret Service and US Marshals Service.Getty Images
Lowell said Tuesday that he expects his client to plead not guilty to the charges, which carry a maximum sentence of 25 years in prison.
Both Weiss and Lowell have supported release conditions approved by a federal judge that require the eldest son to stay sober, submit to drug tests, get a job and inform the court of all his travel plans.
Hunter’s plea deal exploded in federal court under sustained questioning from US District of Delaware Judge Maryellen Noreika, who asked prosecutors about immunity provisions that would prevent them from prosecuting Hunter for past crimes.
House Republicans have since launched an impeachment inquiry into President Biden to determine whether he was involved in Hunter’s business ventures.REUTERS
A voided diversion agreement for a firearms offense included in the plea agreement will also allow his record to be expunged if he complies with the terms of his probation.
Hunter’s plea deal will slap him with two years of probation for failing to pay taxes on more than $2 million he earned in foreign earnings from business dealings in China and Ukraine, among other countries.
IRS whistleblowers have accused Biden’s Justice Department of interfering with a federal investigation into the president’s son, who may have violated foreign lobbying laws.
House Republicans have since launched an impeachment inquiry into President Biden to determine whether he profited or influenced US policy in response to Hunter’s business ventures.
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Source: thtrangdai.edu.vn/en/
