Separately, a federal appeals court panel ruled against Biden earlier Thursday in another bid to have the charges against him tossed.
The two decisions appear to clear the way for Hunter Biden's case to head to trial, though his defense team can still pursue further appeals. | Mariam Zuhaib/APfrom the president’s son that the federal prohibition on owning guns while using illegal drugs is unconstitutional under the Second Amendment.
Last year, Biden was charged with illegally buying a gun while using illegal drugs and with lying on a government form about his drug use when he made the purchase –– two separate criminal charges. Special counsel David Weiss alleges that Biden bought a gun in October 2018, a time when he was frequently using crack cocaine. Biden has spoken publicly about his struggles with drug addiction.
Judge Maryellen Noreika, however, was unpersuaded. Norieka, who was appointed by then-President Donald Trump, noted that while the Fifth Circuit Court of Appeals found the drug-user ban to be unconstitutional in one situation — specifically, as applied to a habitual marijuana user — that court explicitly emphasized that its decision was quite narrow.
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