The Biden son was recently indicted on felony gun charges, with prosecutors alleging he had lied on an FBI background check form about whether he was a drug user in order to purchase a firearm.
According to the Washington Examiner, Hunter Biden originally asked US District Judge Christopher Burke on Monday whether he could attend remotely.
"Defendant seeks to have the initial appearance on the Indictment in this matter held via video conference," Burke wrote. He added that attorneys for the government had been made aware of the request, and opposed it.
As a result, Biden's lawyers have until Tuesday to deliver a response as to why the concession should be granted, with prosecutors expected to counter by the following day. If both parties stick to the timeline, Burke could issue his decision by the end of the week.
Burke is only handling the arraignment, however. His colleague, US District Judge Maryellen Noreika, is overseeing the case. She is the same judge who scrapped a proposed plea deal earlier this summer. Biden's lawyers and the prosecution attempted to sneak into the diversion agreement immunity from future charges related to Biden's foreign business dealings, but Noreika disagreed and terminated the deal. Had it gone through, the gun charges would have been dismissed. Since it did not, Biden now has to appear in court on all three counts.
He has been accused of making false statements while purchasing a firearm, making false statements regarding information kept by federal firearms licensed dealers, and unlawful possession of a firearm. If found guilty, he could face up to 25 years in prison.
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