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Judge rejects Hunter Biden's bid to delay his June trial on federal gun charges

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Judge rejects Hunter Biden's bid to delay his June trial on federal gun charges
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Judge rejects Hunter Biden's bid to delay his June trial on federal gun charges

2024-05-15 09:56 Last Updated At:10:00

WILMINGTON, Del. (AP) — Hunter Biden's federal gun case will go to trial next month, a judge said Tuesday, denying a bid by lawyers for the president's son to delay the prosecution.

U.S. District Judge Maryellen Noreika rejected Hunter Biden's request to push the trial in Delaware until September, which the defense said was necessary to line up witnesses and go through evidence handed over by prosecutors. The judge said she believes "everyone can get done what needs to get done” by the trial's start date of June 3.

Later Tuesday, a three-judge panel of a federal appeals court said the tax case against him — which is scheduled to go to trial in California on June 20 — can also move forward. The 9th U.S. Circuit Court of Appeals dismissed a defense effort to throw out the case.

The two rulings mean Joe Biden's son could be headed to trial next month in two criminal cases on opposite coasts in midst of his father's reelection campaign.

In Delaware, Hunter Biden is accused of lying about his drug use in October 2018 on a form to buy a gun that he kept for about 11 days. He has pleaded not guilty and acknowledged struggling with an addiction to crack cocaine during that period in 2018, but his lawyers have said he didn’t break the law.

Special Counsel David Weiss' team plans to show jurors in the gun case portions of his 2021 memoir, “Beautiful Things,” in which he detailed his struggle with alcoholism and drug abuse following the 2015 death of his older brother, Beau, who succumbed to brain cancer at age 46, according to court papers filed Tuesday. Hunter Biden has said he has been sober since 2019.

During a hearing in Delaware federal court, Hunter Biden lawyer Abbe Lowell told the judge that many experts the defense has approached have been reluctant to testify in the case, citing the media attention. Prosecutor Derek Hines pushed back on the suggestion that the media attention was to blame.

“It’s written in his memoir, he was in active addiction,” Hines said. “ I don’t know what expert they can find who will say he wasn’t. I think that’s the issue they’re having.”

Lowell said he wasn’t trying to find an expert to refute Biden’s addiction struggles but to discuss the ability for someone to recognize in the moment they are an addict. Hunter Biden was not required to attend Tuesday's hearing and he did not do so.

The defense has argued that prosecutors bowed to pressure by Republicans, who claimed the Democratic president’s son was initially given a sweetheart deal, and that he was indicted because of political pressure.

But Noreika, who was nominated to the bench by former President Donald Trump, last month rejected his claim that the prosecution is politically motivated along with other efforts to dismiss the case. A three-judge panel of the 3rd U.S. Circuit Court of Appeals last week said the case could move forward to trial, though Hunter Biden's lawyer said Tuesday that they would continue to press his appeal.

Later Tuesday, his lawyers filed another bid to derail the prosecution, again claiming the special counsel's funding was not appropriately approved by Congress. The judge denied a motion to dismiss on those grounds last month.

In California, he’s charged with three felonies and six misdemeanors over at least $1.4 million in taxes he owed between 2016 and 2019. Prosecutors have accused him of spending millions of dollars on an “extravagant lifestyle” instead of paying his taxes. The back taxes have since been paid.

Hunter Biden’s lawyers appealed to the 9th Circuit after U.S. District Judge Mark Scarsi denied eight motions to dismiss the indictment last month. The three-judge panel of the appeals court which didn't rule on the merits of his claims Tuesday, but said the issues can't be appealed at this time.

He was supposed to plead guilty last year to misdemeanor tax charges and would have avoided prosecution on the gun charges had he stayed out of trouble for two years. It was the culmination of a yearslong investigation by federal prosecutors into the business dealings of the president’s son, and the agreement would have dispensed with criminal proceedings and spared the Bidens weeks of headlines as the 2024 election loomed.

But the deal broke down after the judge who was supposed to sign off on the agreement instead raised a series of questions about it.

He's charged in the Delaware case with two counts of making false statements, first for checking a box falsely saying he was not addicted to drugs and second for giving it to the shop for its federally required records. A third count alleges he possessed the gun for about 11 days despite knowing he was a drug user.

In California, he's charged with three felonies and six misdemeanors over at least $1.4 million in taxes he owed between 2016 and 2019. Prosecutors have accused him of spending millions of dollars on an “extravagant lifestyle” instead of paying his taxes. The back taxes have since been paid.

Richer reported from Washington.

FILE - Hunter Biden arrives at the O'Neill House Office Building for a closed-door deposition on Capitol Hill in Washington, Feb. 28, 2024. A federal judge in Delaware has denied a request by Hunter Biden's lawyers to delay his federal gun trial set for next month. (AP Photo/J. Scott Applewhite)

FILE - Hunter Biden arrives at the O'Neill House Office Building for a closed-door deposition on Capitol Hill in Washington, Feb. 28, 2024. A federal judge in Delaware has denied a request by Hunter Biden's lawyers to delay his federal gun trial set for next month. (AP Photo/J. Scott Applewhite)

The U.S. military-built pier in Gaza was unloading humanitarian aid again Thursday after being removed for a second time last week because of rough seas, a U.S. defense official said. The pier was reattached to Gaza’s shoreline on Wednesday, the official said, speaking on condition of anonymity to discuss U.S. military operations.

The pier, which cost the U.S. at least $230 million, was meant to deliver humanitarian aid into Gaza via the U.N.’s World Food Program. It has faced a number of setbacks.

Aid groups have decried the pier as a distraction that took pressure off Israel to open more border crossings, which are far more productive at bringing aid into Gaza as Palestinians are facing widespread hunger. The United Nations has suspended its cooperation with the pier project since June 9 and is conducting a security review.

With Israel’s war against Hamas now in its ninth month, international criticism is growing over the U.S.-backed campaign of systematic destruction in Gaza, at a huge cost in civilian lives.

Israeli ground offensives and bombardments have killed more than 37,100 people, according to Gaza’s Health Ministry, which does not distinguish between combatants and civilians in its count. The war has largely cut off the flow of food, medicine and basic goods to Gaza, which is now totally dependent on aid groups.

Israel launched the war after Hamas’ Oct. 7 attack, in which militants stormed into southern Israel, killed some 1,200 people — mostly civilians — and abducted about 250.

Currently:

— The fate of the latest cease-fire proposal hinges on Netanyahu and Hamas’ leader in Gaza.

— A rare public rift appears between Israel’s political and military leadership over how the war in Gaza is being conducted.

— The leader of Lebanon’s Hezbollah militant group warns archenemy Israel against wider war.

— Hundreds died during this year’s Hajj pilgrimage in Saudi Arabia amid intense heat, officials say.

Follow AP’s coverage of the war in Gaza at https://apnews.com/hub/israel-hamas-war

Here's the latest:

JERUSALEM – Israel remains opposed to allowing the International Committee of the Red Cross access to detention facilities accused of harshly treating Palestinians from Gaza and is working on creating an internal inspection system, state lawyers said Wednesday.

The Red Cross had access to Israeli detention facilities holding Palestinians until Oct. 7, when Israel sealed them off from external observation. Since then, testimonies have mounted from released Palestinians of brutal treatment at the detention centers, where they are held incommunicado and without trial.

The government lawyers wrote that Israeli lawmakers are examining a proposal to form an internal body that would visit the detention facilities, hear prisoners’ complaints and communicate the information to Israeli authorities.

The body is “expected to fulfill the purpose that the Red Cross has fulfilled until now,” the lawyers wrote. They were responding to a coalition of rights groups asking Israel’s highest court to grant the Red Cross access to the detention facilities.

In response, the main rights group petitioning the court said internal Israeli examiners could not substitute for international observers.

“Mounting testimonies reveal Israel has turned its detention facilities into a black hole for Palestinian prisoners enduring appalling conditions,” said the Association for Civil Rights in Israel, adding that the government was “investing a far-fetched mechanism in order to replace the accepted arrangement by the world.”

Since the Hamas attack Oct. 7, Israel has taken at least 4,000 Palestinians from Gaza into custody in Israel, interrogating them for potential ties to the militant group. Over 1,500 have been released, according to state figures.

Hamas has rejected Red Cross appeals to visit some 120 hostages it is believed to be holding. Israel has already pronounced 43 of the hostages dead.

WASHINGTON — The U.S. military-built pier in Gaza was unloading humanitarian aid again Thursday after being removed for a second time last week because of rough seas, a U.S. defense official said. The pier was reattached to Gaza’s shoreline on Wednesday, the official said, speaking on condition of anonymity to discuss U.S. military operations.

The pier, which cost the U.S. at least $230 million, was meant to deliver humanitarian aid into Gaza via the U.N.’s World Food Program. It has faced a number of setbacks, operating for only about a week before getting blown apart by high winds in May. The U.S. military detached the floating causeway and moved it to an Israeli port last week so it wouldn't break apart again.

Aid groups have decried the pier as a distraction that took pressure off Israel to open more border crossings, which are far more productive at bringing aid into Gaza. Israel's war against Hamas has caused widespread devastation and made domestic food production nearly impossible, leaving Gaza totally dependent on aid groups for food, medicine and basic goods. Palestinians are facing widespread hunger.

Meanwhile, the United Nations has suspended its cooperation with the U.S.-led pier project since June 9. U.N. officials say they want to evaluate whether the Israeli military used the area around the pier in a June 8 hostage rescue that left more than 270 Palestinians dead, and whether any such use — or even a perception of it by fighters and ordinary people in Gaza — makes their continued role in the project untenable.

The U.S. and Israeli militaries say no part of the pier was used in the raid.

NICOSIA, Cyprus — Cyprus’ Foreign Ministry said Thursday the U.S. military-built pier in Gaza is up and running again after being detached for a second time last week because of rough seas.

Cyprus plays a key role in the pier because a security and inspection station it built screens the international aid destined for Gaza. There was no immediate confirmation from the U.S.

Theodoris Gotsis, a spokesperson for the Foreign Ministry, said the pier and the causeway in Gaza were both functioning. He said over the past 40 days, Cyprus has screened and loaded onto boats some 10,000 tons of aid for Gaza.

The U.S. military detached the causeway last week to prevent it from breaking apart again, as it did late last month when it was hit by bad weather.

The pier, used to deliver humanitarian aid into Gaza, has faced a number of setbacks since it was erected. It was operational for only about a week when it was blown apart by high winds in May and then removed again earlier this month.

The U.N.’s World Food Program, one of the main aid agencies to make use of the pier, had paused its distribution of aid coming from it earlier this month over security concerns. WFP could not immediately be reached for comment on whether it was resuming distribution.

NICOSIA, Cyprus — A spokesman for the European Union’s executive arm says any threat against Cyprus is a threat against the bloc’s 26 other member nations.

Peter Stano made the remark Thursday in response to a question regarding Hezbollah leader Hassan Nasrallah’s threat that Cyprus could be implicated in a wider conflict if the island nation allows Israel to use its ports and airports to target Lebanon.

Stano said the EU fully supports Cyprus and that the trade bloc is in contact with “a number of partners in the region," including Lebanon and Hezbollah, in order to de-escalate tension.

Cyprus has enjoyed increasingly tight relations with Israel in recent years, spawned by the discovery of undersea natural gas deposits in waters between the two neighbors. Cyprus has hosted joint Israeli-Cypriot military exercises, but has not ben involved in any military operations.

Cyprus government spokesman Konstantinos Letymbiotis repeated that any suggestion that Cyprus – either through its infrastructure or territory - would be involved in any military operation in Lebanon is “totally groundless.”

Letymbiotis reiterated that the island nation “is not part of the problem” but “part of the solution” thanks to its regional diplomatic footprint.

The Hezbollah militant group said at least three of its fighters were killed in Israeli strikes on Wednesday.

Lebanese state media reported multiple Israeli strikes along the border and in an area north of the coastal city of Tyre, about 30 kilometers (20 miles) from the frontier. The Israeli military said two Hezbollah launches damaged several vehicles in northern Israel.

The fighting came as Amos Hochstein, a senior adviser to U.S. President Joe Biden, returned to Israel after meeting with officials in Lebanon on Tuesday. There has been no word on whether he has made progress in his efforts to avoid a devastating regional war.

Kamel Mohanna, the head of the Amel Association, an NGO providing health services in Lebanon, said the group’s primary health center in the town of Khiam was hit and damaged by Israeli shelling.

Hezbollah began attacking Israel almost immediately after the Israel-Hamas war erupted on Oct. 7. There have been near daily exchanges of fire, though most of the strikes are confined to an area within a few mostly confined to the area around the border.

But the fighting has escalated in recent weeks, raising fears that the clashes could boil over into a full-blown war. Israel’s army announced late Tuesday that it has “approved and validated” plans for an offensive in Lebanon.

Israeli strikes already have killed more than 400 people in Lebanon, most of them Hezbollah fighters,

Buildings are seen in Kiryat Shmona, a city next to border with Lebanon, northern Israel, Wednesday, June 19, 2024. Hezbollah began attacking Israel almost immediately after the Israel-Hamas war erupted on Oct. 7. There have been near daily exchanges of fire, though most of the strikes are confined to an area within a few mostly confined to the area around the border. (AP Photo/Leo Correa)

Buildings are seen in Kiryat Shmona, a city next to border with Lebanon, northern Israel, Wednesday, June 19, 2024. Hezbollah began attacking Israel almost immediately after the Israel-Hamas war erupted on Oct. 7. There have been near daily exchanges of fire, though most of the strikes are confined to an area within a few mostly confined to the area around the border. (AP Photo/Leo Correa)

Hussein, son of senior Hezbollah commander Taleb Sami Abdullah, 55, who was killed last week by an Israeli strike in south Lebanon, speaks during a ceremony to commemorate the death of his father, in the southern Beirut suburb of Dahiyeh, Lebanon, Wednesday, June 19, 2024. (AP Photo/Bilal Hussein)

Hussein, son of senior Hezbollah commander Taleb Sami Abdullah, 55, who was killed last week by an Israeli strike in south Lebanon, speaks during a ceremony to commemorate the death of his father, in the southern Beirut suburb of Dahiyeh, Lebanon, Wednesday, June 19, 2024. (AP Photo/Bilal Hussein)

An Israel flag hangs on an area backdropped by buildings in Kiryat Shmona, a city next to border with Lebanon, northern Israel, Wednesday, June 19, 2024. Hezbollah began attacking Israel almost immediately after the Israel-Hamas war erupted on Oct. 7. There have been near daily exchanges of fire, though most of the strikes are confined to an area within a few mostly confined to the area around the border. (AP Photo/Leo Correa)

An Israel flag hangs on an area backdropped by buildings in Kiryat Shmona, a city next to border with Lebanon, northern Israel, Wednesday, June 19, 2024. Hezbollah began attacking Israel almost immediately after the Israel-Hamas war erupted on Oct. 7. There have been near daily exchanges of fire, though most of the strikes are confined to an area within a few mostly confined to the area around the border. (AP Photo/Leo Correa)

Hezbollah supporters raise their fists and cheer as they watch a speech given by Hezbollah leader Sayyed Hassan Nasrallah on a screen during a ceremony to commemorate the death of senior Hezbollah commander Taleb Sami Abdullah, 55, who was killed last week by an Israeli strike in south Lebanon, in the southern Beirut suburb of Dahiyeh, Lebanon, Wednesday, June 19, 2024. (AP Photo/Bilal Hussein)

Hezbollah supporters raise their fists and cheer as they watch a speech given by Hezbollah leader Sayyed Hassan Nasrallah on a screen during a ceremony to commemorate the death of senior Hezbollah commander Taleb Sami Abdullah, 55, who was killed last week by an Israeli strike in south Lebanon, in the southern Beirut suburb of Dahiyeh, Lebanon, Wednesday, June 19, 2024. (AP Photo/Bilal Hussein)

A damaged building, from previous shelling attacks from Lebanon, is seen in Kiryat Shmona, northern Israel, Wednesday, June 19, 2024. Hezbollah began attacking Israel almost immediately after the Israel-Hamas war erupted on Oct. 7. There have been near daily exchanges of fire, though most of the strikes are confined to an area within a few mostly confined to the area around the border. (AP Photo/Leo Correa)

A damaged building, from previous shelling attacks from Lebanon, is seen in Kiryat Shmona, northern Israel, Wednesday, June 19, 2024. Hezbollah began attacking Israel almost immediately after the Israel-Hamas war erupted on Oct. 7. There have been near daily exchanges of fire, though most of the strikes are confined to an area within a few mostly confined to the area around the border. (AP Photo/Leo Correa)

Palestinians mourn their relative Tamer Mohsen killed in the Israeli bombardment of Nuseirat refugee camp, at the morgue of al-Aqsa Martyrs hospital in Deir al Balah, central Gaza Strip, Wednesday, June 19, 2024. (AP Photo/Saher Alghorra)

Palestinians mourn their relative Tamer Mohsen killed in the Israeli bombardment of Nuseirat refugee camp, at the morgue of al-Aqsa Martyrs hospital in Deir al Balah, central Gaza Strip, Wednesday, June 19, 2024. (AP Photo/Saher Alghorra)

In this combination image, Hamas' leader in Gaza, Yahya Sinwar, speaks on April 13, 2022, in Gaza City, left, and Israeli Prime Minister Benjamin Netanyahu speaks on June 18, 2024, in Tel Aviv. The fate of the proposed cease-fire deal for Gaza hinges in many ways on Sinwar and Netanyahu. Each faces significant political and personal pressures that may be influencing their decision-making and neither seems in a rush to make concessions to end the war. (AP Photo)

In this combination image, Hamas' leader in Gaza, Yahya Sinwar, speaks on April 13, 2022, in Gaza City, left, and Israeli Prime Minister Benjamin Netanyahu speaks on June 18, 2024, in Tel Aviv. The fate of the proposed cease-fire deal for Gaza hinges in many ways on Sinwar and Netanyahu. Each faces significant political and personal pressures that may be influencing their decision-making and neither seems in a rush to make concessions to end the war. (AP Photo)

A man drives his motorcycle past a damaged building, from previous shelling attacks from Lebanon, in Kiryat Shmona, northern Israel, Wednesday, June 19, 2024. Hezbollah began attacking Israel almost immediately after the Israel-Hamas war erupted on Oct. 7. There have been near daily exchanges of fire, though most of the strikes are confined to an area within a few mostly confined to the area around the border. (AP Photo/Leo Correa)

A man drives his motorcycle past a damaged building, from previous shelling attacks from Lebanon, in Kiryat Shmona, northern Israel, Wednesday, June 19, 2024. Hezbollah began attacking Israel almost immediately after the Israel-Hamas war erupted on Oct. 7. There have been near daily exchanges of fire, though most of the strikes are confined to an area within a few mostly confined to the area around the border. (AP Photo/Leo Correa)

Palestinians mourn their relative Tamer Mohsen killed in the Israeli bombardment of Nuseirat refugee camp, at the morgue of al-Aqsa Martyrs hospital in Deir al Balah, central Gaza Strip, Wednesday, June 19, 2024. (AP Photo/Saher Alghorra)

Palestinians mourn their relative Tamer Mohsen killed in the Israeli bombardment of Nuseirat refugee camp, at the morgue of al-Aqsa Martyrs hospital in Deir al Balah, central Gaza Strip, Wednesday, June 19, 2024. (AP Photo/Saher Alghorra)

Palestinians mourn their relative Tamer Mohsen killed in the Israeli bombardment of Nuseirat refugee camp, at the morgue of al-Aqsa Martyrs hospital in Deir al Balah, central Gaza Strip, Wednesday, June 19, 2024. (AP Photo/Saher Alghorra)

Palestinians mourn their relative Tamer Mohsen killed in the Israeli bombardment of Nuseirat refugee camp, at the morgue of al-Aqsa Martyrs hospital in Deir al Balah, central Gaza Strip, Wednesday, June 19, 2024. (AP Photo/Saher Alghorra)

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