Magistrate Judge Christopher J. Burke denied Wednesday a request from Hunter Biden's legal team that he appear virtually for his arraignment on felony gun charges.
Burke, hailing from the federal District Court in Delaware, sided with Department of Justice special counsel David C. Weiss' office, which issued a filing shortly before the decision opposing the request.
Weiss' office had cited the severity of the charges as the primary reason to oppose the request from Biden's legal team issued Tuesday.
"Fifteen months ago, the Court's standing order authorizing virtual proceedings during the pandemic expired," prosecutors noted as further justification for their opposition.
"Given the serious felony gun charges at issue in this case, this Court should have an opportunity to assess the defendant in a live setting when discharging its obligations ... and considering recommendations for conditions of release," they added.
Abbe Lowell, Biden's attorney, had argued Tuesday that Biden was not seeking "special treatment" and that a virtual appearance would minimize unnecessary burdens on the government and local area.
In addition, Lowell said that Biden was still acting per the controversial plea deal since contested by the judge overseeing the case, which he suggested includes the ability to appear virtually.
The judge said he ultimately agreed with Lowell that Biden should not receive special treatment for being President Joe Biden's son.
However, he contended, the only way that could be realized is if he shows up in person like everyone else.
"Any other defendant would be required to attend his or her initial appearance in person. So too here," Burke wrote.
Hunter Biden is expected to plead not guilty to three felony gun charges involving his alleged illicit purchase and possession of a firearm.