Hunter Biden will appear in federal court next month to plead guilty to weapons charges after a judge denied a request by the first son’s defense attorney to allow him to skip an in-person arraignment hearing, new court documents show.
Federal Judge Christopher Burke on Wednesday ordered the president’s son to physically appear in federal court in Wilmington, Delaware, on October 3 at 10 a.m., requesting that Hunter and his attorney be present to discuss the charges and possible conditions of release before his trial.
Burke initially ordered Hunter to appear on September 26, but delayed the hearing by seven days at the request of the first son’s legal team.
In his initial order, Burke acknowledged that the in-person hearing, two months to the day a plea deal involving the first child collapsed spectacularly in court, would include “some logistical inconvenience” for the U.S. Secret Service. , but maintained that Hunter “should be treated the same as any other defendant in our Court.”
“Other than the demanding circumstances of the COVID crisis (when the Court was proceeding under the auspices of the now-expired CARES Act permanent order), in 12 years as a judge of this Court, the undersigned does not recall ever having a initial appearance. other than in person,” Burke wrote.
“That has been the case for defendants of all types, regardless of their location or personal circumstances.”
Special prosecutor David Weiss has opposed a request by Hunter Biden’s lawyers to hold a virtual hearing on weapons charges brought against the first son.Yuri Gripas/Abaca/Sipa USA
Biden attorney Abbe Lowell argued in a Tuesday filing that an in-person hearing would be a “logistical burden” and a financial burden on federal law enforcement and protective services.
However, special counsel David Weiss noted in his own filing that there was no precedent for avoiding in-person appearances for those reasons.
“Hunter Biden does not claim that he is injured or indigent,” the U.S. attorney for Delaware wrote. “If ‘convenience’ were a legitimate basis for justifying virtual proceedings, all defendants would request it in all cases.”
Weiss on Wednesday asked federal Judge Christopher Burke to deny attorney Abbe Lowell’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 by video conference may prevent the judge from evaluating Hunter’s “physical, emotional and mental condition,” which would help determine whether to detain or release him.
Additionally, the prosecutor noted that deliberations at Hunter’s July 26 plea hearing had led to “confusion” as the parties disagreed about the scope of their agreement and decided to scrap it.
“For example, the defendant provided conflicting testimony and his previous attorney apologized to the court for the way the defendant and his attorney chose to answer the court’s questions,” Weiss said.
On September 14, Weiss charged Hunter Biden, 53, with three counts of lying about his drug use while purchasing a firearm in 2018.
“The confusion they caused resulted in the Court twice adjourning proceedings only to ultimately defer a decision on the proposed and subsequently withdrawn plea and diversion agreements.
“While the government anticipates that this procedure should be straightforward as the parties have not reached an agreement to resolve this matter, we believe that an in-person proceeding may be more conducive to addressing any unforeseen issues that arise,” Weiss continued.
On Sept. 14, Weiss accused Hunter Biden of three counts of lying about his drug use while purchasing a firearm in 2018. The first son admitted in his 2021 memoir, “Beautiful Things,” to using crack cocaine during that time. time.
Lowell argued in a Tuesday filing that an in-person hearing would be a “logistical burden” and a financial burden on the Secret Service and the U.S. 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 conditions of release approved by a federal judge that require the first child to remain sober, submit to drug testing, seek employment and inform the court of all travel plans.
Hunter’s plea deal broke down in federal court under persistent questioning from Delaware District Judge Maryellen Noreika, who asked prosecutors about an immunity provision that would have prevented them from charging 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 dealings.REUTERS
A canceled diversion agreement for the weapons offense included in that plea deal also would have allowed his record to be expunged if he complied with the terms of his probation.
Hunter’s plea deal would have punished him with two years of probation for failing to pay taxes on more than $2 million he earned in foreign income from businesses in China and Ukraine, among other countries.
IRS whistleblowers have alleged that Biden’s Justice Department interfered with the 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 benefited from or influenced U.S. policy in response to Hunter’s dealings.
Categories: Trending
Source: vtt.edu.vn