Mr. Biden wants to appeal the District Court’s rejection of his motion to dismiss charges against him.
Special counsel David Weiss on Friday opposed Hunter Biden’s attempt to halt district court proceedings concerning his gun charges, asserting that an appellate court lacks the jurisdiction to hear the appeal.
According to an April 17 status report and notice of interlocutory appeal, Mr. Biden intends to revisit his arguments with an appellate panel at the U.S. Court of Appeals for the Third Circuit and, therefore, asserts that the district court no longer has jurisdiction.
The prosecution disagreed, arguing on Friday that the Third Circuit doesn’t have jurisdiction just on the basis of Mr. Biden’s notice of interlocutory appeal.
“In his reply to a pleading he framed as a ‘Status Report,’ the defendant for the first time asks this Court to stay the district court proceedings while he pursues a frivolous appeal which the Third Circuit does not have jurisdiction to hear,” prosecutors wrote in their Friday filing.
“The government treats the defendant’s reply as a motion to stay proceedings and files this opposition. Without providing any authority to support his claim that the issues he appeals are subject to interlocutory review, the defendant simply asserts