The hearing is scheduled to be held at the United States District Court in Delaware, a significant distance from Biden's residence in California.
The younger Biden is facing felony gun charges, with allegations suggesting he falsified information on an FBI background check form to procure a firearm. Prosecutors claim he lied about his drug use, a critical factor in the acquisition process.
The Washington Examiner reports that Biden's request for a virtual appearance was initially submitted to US District Judge Christopher Burke on Monday. "Defendant seeks to have the initial appearance on the Indictment in this matter held via video conference," Burke stated in his written response. He further noted that the government's attorneys had been informed of the request and were opposed to it.
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Biden's legal team has been given until Tuesday to provide a compelling argument for the request. Prosecutors are then expected to present their counter-argument by Wednesday. If both parties adhere to this schedule, Judge Burke could make his decision by week's end.
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However, Burke's involvement in the case is limited to the arraignment. The case itself is under the jurisdiction of US District Judge Maryellen Noreika. Interestingly, Noreika is the judge who earlier this summer rejected a proposed plea deal.
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This deal, attempted to be quietly introduced by both Biden's lawyers and the prosecution, would have granted Biden immunity from future charges related to his foreign business dealings. Noreika, however, dismissed the deal. Consequently, the gun charges were not dropped, and Biden is now required to appear in court to face all three counts.
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The charges against Biden include making false statements during a firearm purchase, providing false information to federal firearms licensed dealers, and illegal possession of a firearm. If convicted, he could potentially face a prison sentence of up to 25 years.