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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)

WEST PALM BEACH, Fla. (AP) — Israeli Prime Minister Benjamin Netanyahu worked to mend ties with Republican presidential candidate Donald Trump on Friday and offered measured optimism about progress toward a cease-fire deal for Gaza as he neared the end of a contentious U.S. visit that put on display the growing American divisions over support for the Israeli-Hamas war.

At Trump's Florida Mar-a-Lago estate, where the two men met face-to-face for the first time in nearly four years, Netanyahu told journalists he wanted to see U.S.-mediated talks succeed for a cease-fire and release of hostages.

“I hope so,” Netanyahu said, when reporters asked if his U.S. trip had made progress. While Netanyahu at home is increasingly accused of resisting a deal to end the 9-month-old war to stave off the potential collapse of his far-right government when it ends, he said Friday he was "certainly eager to have one. And we’re working on it.”

As president, Trump went well beyond his predecessors in fulfilling Netanyahu’s top wishes from the United States. Yet relations soured after Netanyahu became one of the first world leaders to congratulate Joe Biden for his 2020 presidential victory, which Trump continues to deny.

The two men now have a strong interest in restoring their relationship, both for the political support their alliance brings and for the luster it gives each with their conservative supporters.

A beaming Trump was waiting for Netanyahu on the stone steps outside his private club and residence in Palm Beach, Florida. He warmly clasped the hands of the Israeli leader.

“We’ve always had a great relationship,” Trump insisted before journalists. Asked as the two sat down in a muraled room for talks if Netanyahu’s trip to Mar-a-Lago was repairing their bond, Trump responded, “It was never bad.”

For both men, Friday’s meeting was aimed at highlighting for their home audiences their depiction of themselves as strong leaders who have gotten big things done on the world stage, and can again.

Netanyahu’s Florida trip followed a fiery address to a joint meeting of Congress on Wednesday that defended his government’s conduct of the war and condemned American protesters galvanized by the killing of more than 39,000 Palestinians in the conflict.

On Thursday, Netanyahu had met in Washington with Biden and Vice President Kamala Harris, who appears on track to becoming the new Democratic presidential nominee after Biden decided to step out of the race. Both pressed the Israeli leader to work quickly to wrap up a deal to bring a cease-fire and release hostages held by Hamas.

Trump’s campaign said he pledged in Friday's meeting to “make every effort to bring peace to the Middle East” and combat antisemitism on college campuses if American voters elect him to the presidency in November.

Netanyahu handed Trump a framed photo that the Israeli leader said showed a child who has been held hostage by Hamas-led militants since the first hours of the war. “We’ll get it taken care of,” Trump assured him.

In a speech later Friday before a group of young Christian conservatives, Trump said he also asked Netanyahu during their meeting how “a Jewish person, or a person that loves Israel” can vote for Democrats.

He also laced into Harris for missing Netanyahu's speech and claimed she “doesn’t like Jewish people” and “doesn’t like Israel." Harris has been married to a Jewish man for a decade.

For Trump, the meeting was a chance to be cast as an ally and statesman, as well as to sharpen efforts by Republicans to portray themselves as the party most loyal to Israel.

Divisions among Americans over U.S. support for Israel’s war against Hamas in Gaza have opened cracks in years of strong bipartisan backing for Israel, the biggest recipient of U.S. aid.

For Netanyahu, repairing relations with Trump is imperative given the prospect that Trump may once again become president of the United States, which is Israel’s vital arms supplier and protector.

One gamble for Netanyahu is whether he could get more of the terms he wants in any deal on a Gaza cease-fire and hostage release, and in his much hoped-for closing of a normalization deal with Saudi Arabia, if he waits out the Biden administration in hopes that Trump wins.

“Benjamin Netanyahu has spent much of his career in the last two decades in tethering himself to the Republican Party,” said Aaron David Miller, a former U.S. diplomat for Arab-Israeli negotiations, now a senior fellow at the Carnegie Endowment for International Peace.

For the next six months, that means “mending ties with an irascible, angry president," Miller said, meaning Trump.

Netanyahu and Trump last met at a September 2020 White House signing ceremony for the signature diplomatic achievement of both men’s political careers. It was an accord brokered by the Trump administration in which the United Arab Emirates and Bahrain agreed to establish normal diplomatic relations with Israel.

For Israel, it amounted to the two countries formally recognizing it for the first time. It was a major step in what Israel hoped would be an easing of tensions and a broadening of economic ties with its Arab neighbors.

In public postings and statements after his break with Netanyahu, Trump portrayed himself as having stuck his neck out for Israel as president, and Netanyahu paying him back with disloyalty.

He also has criticized Netanyahu on other points, faulting him as “not prepared” for the Oct. 7 Hamas attacks that started the war in Gaza, for example.

In his high-profile speech to Congress on Wednesday and again Friday at Mar-a-Lago, Netanyahu poured praise on Trump, calling the regional accords Trump helped broker historic and thanking him “for all the things he did for Israel.”

Netanyahu listed actions by the Trump administration long-sought by Israeli governments — the U.S. officially saying Israel had sovereignty over the Golan Heights, captured from Syria during a 1967 war; a tougher U.S. policy toward Iran; and Trump declaring Jerusalem the capital of Israel, breaking with longstanding U.S. policy that Jerusalem's status should be decided in Israeli-Palestinian negotiations.

“I appreciated that,” Trump told “Fox & Friends” on Thursday, referring to Netanyahu's praise.

Trump has repeatedly urged that Israel with U.S. support “finish the job” in Gaza and destroy Hamas, but he hasn’t elaborated on how.

Natalie Melzer in Tel Aviv, Israel, Adriana Gomez Licon in West Palm Beach, Florida, and Jill Colvin in New York contributed. Knickmeyer reported from Washington. Price reported from New York.

Follow the AP's coverage of the 2024 election at https://apnews.com/hub/election-2024.

Republican presidential candidate former President Donald Trump speaks at the Turning Point Believers' Summit, Friday, July 26, 2024, in West Palm Beach, Fla. (AP Photo/Alex Brandon)

Republican presidential candidate former President Donald Trump speaks at the Turning Point Believers' Summit, Friday, July 26, 2024, in West Palm Beach, Fla. (AP Photo/Alex Brandon)

Republican presidential candidate former President Donald Trump listens as he meets with Israeli Prime Minister Benjamin Netanyahu at his Mar-a-Lago estate, Friday, July 26, 2024, in Palm Beach, Fla. (AP Photo/Alex Brandon)

Republican presidential candidate former President Donald Trump listens as he meets with Israeli Prime Minister Benjamin Netanyahu at his Mar-a-Lago estate, Friday, July 26, 2024, in Palm Beach, Fla. (AP Photo/Alex Brandon)

Republican presidential candidate former President Donald Trump meets with Israeli Prime Minister Benjamin Netanyahu at his Mar-a-Lago estate, Friday, July 26, 2024, in Palm Beach, Fla. (AP Photo/Alex Brandon)

Republican presidential candidate former President Donald Trump meets with Israeli Prime Minister Benjamin Netanyahu at his Mar-a-Lago estate, Friday, July 26, 2024, in Palm Beach, Fla. (AP Photo/Alex Brandon)

Republican presidential candidate former President Donald Trump speaks while meeting with Israeli Prime Minister Benjamin Netanyahu at his Mar-a-Lago estate, Friday, July 26, 2024, in Palm Beach, Fla. (AP Photo/Alex Brandon)

Republican presidential candidate former President Donald Trump speaks while meeting with Israeli Prime Minister Benjamin Netanyahu at his Mar-a-Lago estate, Friday, July 26, 2024, in Palm Beach, Fla. (AP Photo/Alex Brandon)

Israeli Prime Minister Benjamin Netanyahu speaks while meeting with Republican presidential candidate former President Donald Trump at his Mar-a-Lago estate, Friday, July 26, 2024, in Palm Beach, Fla. (AP Photo/Alex Brandon)

Israeli Prime Minister Benjamin Netanyahu speaks while meeting with Republican presidential candidate former President Donald Trump at his Mar-a-Lago estate, Friday, July 26, 2024, in Palm Beach, Fla. (AP Photo/Alex Brandon)

Republican presidential candidate former President Donald Trump meets with Israeli Prime Minister Benjamin Netanyahu, right, at his Mar-a-Lago estate, Friday, July 26, 2024, in Palm Beach, Fla. (AP Photo/Alex Brandon)

Republican presidential candidate former President Donald Trump meets with Israeli Prime Minister Benjamin Netanyahu, right, at his Mar-a-Lago estate, Friday, July 26, 2024, in Palm Beach, Fla. (AP Photo/Alex Brandon)

Republican presidential candidate former President Donald Trump meets with Israeli Prime Minister Benjamin Netanyahu at his Mar-a-Lago estate, Friday, July 26, 2024, in Palm Beach, Fla. (AP Photo/Alex Brandon)

Republican presidential candidate former President Donald Trump meets with Israeli Prime Minister Benjamin Netanyahu at his Mar-a-Lago estate, Friday, July 26, 2024, in Palm Beach, Fla. (AP Photo/Alex Brandon)

Republican presidential candidate former President Donald Trump meets with Israeli Prime Minister Benjamin Netanyahu at his Mar-a-Lago estate, Friday, July 26, 2024, in Palm Beach, Fla. (AP Photo/Alex Brandon)

Republican presidential candidate former President Donald Trump meets with Israeli Prime Minister Benjamin Netanyahu at his Mar-a-Lago estate, Friday, July 26, 2024, in Palm Beach, Fla. (AP Photo/Alex Brandon)

FILE - President Donald Trump, right, meets with Israeli Prime Minister Benjamin Netanyahu in the Oval Office, Sept. 15, 2020, at the White House in Washington. Trump is due to talk face-to-face with Netanyahu for the first time in nearly four years. The meeting Friday, July 26, 2024, at Mar-a-Lago will mend a break that has lasted since 2021. Trump at the time blasted Netanyahu for being one of the first leaders to congratulate President Joe Biden for his election victory. (AP Photo/Alex Brandon, File)

FILE - President Donald Trump, right, meets with Israeli Prime Minister Benjamin Netanyahu in the Oval Office, Sept. 15, 2020, at the White House in Washington. Trump is due to talk face-to-face with Netanyahu for the first time in nearly four years. The meeting Friday, July 26, 2024, at Mar-a-Lago will mend a break that has lasted since 2021. Trump at the time blasted Netanyahu for being one of the first leaders to congratulate President Joe Biden for his election victory. (AP Photo/Alex Brandon, File)

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