A federal judge moved to formally dismiss the gun charge Hunter Biden was initially expected to avoid prosecution on before his plea deal collapsed under scrutiny.

U.S. District Judge Maryellen Noreika accepted the Justice Department’s motion to dismiss the original gun charge because President Joe Biden’s son is now facing a three-count indictment filed last month, according to the order, which was obtained by The Messenger.

Biden, 53, had been expected to plead guilty to two misdemeanor tax charges and to enter pre-trial diversion over the gun offense, but the deal collapsed after Noreika raised questions about an immunity clause it contained at a July hearing.

In September, Biden was indicted on one count of possession of a firearm by a person who is an unlawful user of, or addicted to, a controlled substance and two counts of making false statements in order to purchase a gun.

The first son pleaded not guilty to the charges last week as the case moves toward a possible trial. His lawyers have said they plan to push for a dismissal of the indictment, and maintain he did not break the law.

Nicole Wells

Nicole Wells, a Newsmax general assignment reporter covers news, politics, and culture. She is a National Newspaper Association award-winning journalist.

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