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Home High profile Hunter Biden criticizes the special counsel's effort to move towards trial as 'unlawful and illogical' while he challenges the judge's rejection of attacks on the gun indictment

Hunter Biden criticizes the special counsel's effort to move towards trial as 'unlawful and illogical' while he challenges the judge's rejection of attacks on the gun indictment

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Hunter Biden’s legal representatives accused special counsel David Weiss of making an “unlawful and illogical” request to keep moving forward with the trial as the defense appeals.

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Hunter Biden, David Weiss

Hunter Biden (AP Photo/J. Scott Applewhite), special counsel David Weiss (AP Photo/Alex Brandon)

Lawyers for Hunter Biden in his federal gun case in Delaware accused special counsel David Weiss of making an “unlawful and illogical” request to continue pushing for trial as the defense appeals the judge’s decision to not dismiss the indictment.

In a brief response on Wednesday, lawyers for President Joe Biden’s son asserted that U.S. District Judge Maryellen Noreika cannot simply “plow ahead in scheduling a trial” while the U.S. Court of Appeals for the Third Circuit handles the defendant’s interlocutory appeal.

As Law&Crime reported one day ago, Hunter Biden plans to raise the same arguments Noreika rejected before an appellate panel. Biden has claimed that his torpedoed plea and diversion agreement “conferred” him with immunity from prosecution and that his indictment violated the separation of powers. He has also argued unsuccessfully that Weiss was unlawfully appointed by U.S. Attorney General Merrick Garland and unlawfully funded, arguments that Donald Trump’s defense has embraced in the Mar-a-Lago case.

Notably, the defense and prosecution clashed over the appellate efforts and its potential impact on the scheduled June 3 trial date, with Weiss warning that Biden’s defense “could jeopardize the schedule and trial date in this matter.”

In a subsequent defense response supporting its own status report, the Biden team stated that the interlocutory appeal has necessarily deprived Noreika of jurisdiction on the issues she rejected, making Weiss’ complaint “unlawful and illogical.”

“The Special Counsel’s suggestion that this Court plow ahead in scheduling a trial while this case is on appeal is both unlawful and illogical,” the filing said. “This Court has been divested of jurisdiction, so it cannot proceed.”

The defense said it would be “improper” for the judge to cater to Weiss’ scheduling priorities and “illogical” for the special counsel to insist on cementing a trial schedule at this stage.

“As the Special Counsel noted, the Third Circuit has requested briefing on the jurisdictional question in the next two weeks, so it would be improper for this Court to wade into the issue of the Third Circuit’s jurisdiction over the appeal at the same time the Third Circuit is considering that issue for itself,” the response continued. “Moreover, it is illogical for the Special Counsel to ask this Court to set a trial schedule when it is uncertain whether or when jurisdiction may return to this Court. Once the appeal has been resolved, the Court and the parties will then be in the best position to determine the appropriate next steps.”

The defense asked the judge to hold “a brief status conference” geared towards “further clarity regarding a scheduling order in this matter.”

On April 11, Noreika ordered the parties to submit a revised proposed schedule by April 18. Biden’s interlocutory appeal notice and related status report were filed one day before the deadline — without a proposed schedule. Weiss, for his part, said the status report “does not comply” with the judge’s April 11 order, so he urged Noreika to accept the prosecution’s proposed timetable and reject the defense’s request for a meeting to discuss the current actions in the middle of their last-minute legal maneuvering.

“The government thinks that the Court’s Order is clear and a second meeting to talk about timing is not needed. Since the defendant did not suggest any dates, the government asks the Court to accept the suggested timetable provided by the government,” the special counsel stated in response to Biden.

Read the Hunter Biden reply here.

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