Hunter Biden's request to attend his first court hearing in the federal gun case against him virtually has been denied by a federal magistrate judge. The arraignment, along with his initial court appearance, has been scheduled for September 26 at 10 a.m. ET, and will be presided over by Magistrate Judge Christopher J. Burke.
Finally, the Court concurs with both the Defendant and the Government that the Defendant must not be given preferential treatment in this case. Unless there are exceptional circumstances, he should be treated no differently than any other defendant in our Court. In our Court, any defendant would be obligated to personally attend their initial appearance, and this applies to the present case as well," the judge stated. Earlier on Wednesday, special counsel David Weiss contended that Hunter Biden should be mandated to attend in person in order to foster public confidence that the son of the President is not being given special treatment.
Weiss' office observed an unforeseen twist during his plea hearing in July.
"In order to instill public confidence, it is crucial to conduct an in-person hearing, ensuring that the defendant is treated on par with other defendants in this District and other Districts," stated Weiss' team in a letter addressed to the federal magistrate judge on Wednesday.
Merrick Garland arrives to speak at the Department of Justice in Washington, DC, on Friday, Aug. 11, 2023.
Ting Shen/Bloomberg/Getty Images
Merrick Garland rebukes congressional Republicans at House Judiciary Committee hearing
Furthermore, the previous arraignment associated with this issue was far from ordinary since the defendant and his former attorney were unprepared to respond to the Court's inquiries," stated the special counsel.
In addition, prosecutors referred to former President Donald Trump's recent in-person initial appearances and arraignments in various locations as evidence of the necessity to instill public confidence that Hunter Biden will not receive preferential treatment, even if he is under the protection of the US Secret Service. Hunter Biden's legal team highlighted the strain on government resources that an in-person appearance would entail, considering his Secret Service protection.
"Over the past few months, the United States Secret Service has collaborated with the United States Marshals Service and court personnel in various jurisdictions and on numerous occasions to offer protective services during initial appearances and arraignments," prosecutors stated.
In July, Biden made an appearance in federal court in Delaware with intentions to plead guilty to two tax misdemeanor charges and negotiate an agreement to avoid prosecution for a gun possession charge. However, the agreement fell apart after facing scrutiny from another federal judge. This judge took multiple breaks to allow the attorneys to regroup and attempt to resolve their disagreements. Ultimately, the judge was not ready to approve the arrangements.
Prosecutors argue that, considering the gravity of the firearm felony charges, it is imperative for the magistrate judge to personally evaluate Biden prior to determining his terms of release. Biden's legal representatives have stated that he intends to enter a plea of not guilty to three counts of felony gun charges. These charges include allegations of providing false information on an ATF form regarding his drug usage or addiction at the time of purchasing the gun in October 2018, as well as possessing the firearm while using or being addicted to an illicit substance.
This story has been updated with additional developments.