SAN DIEGO _ On the heels of a decision by the 9th U.S. Circuit Court of Appeals to hear arguments in an appeal by Rep. Duncan Hunter in December, the U.S. District Court has scheduled a hearing next week to discuss delaying the start of Hunter's criminal trial for a second time, according to court records.
The U.S. District Court in San Diego posted notice Tuesday of a hearing scheduled for next Monday at the federal courthouse in downtown San Diego regarding the start date for Hunter's criminal trial on a 60-count indictment against the Republican lawmaker from the San Diego-area city of Alpine and his wife and former campaign manager, Margaret Hunter. The couple is accused of spending more than $250,000 in campaign money for personal purposes including the congressman's getaways with girlfriends, dental work, video games and more.
The notice posted Tuesday did not include any further details about the reason for the hearing next week. The U.S. attorney's office in San Diego and attorneys for Hunter did not immediately respond Tuesday morning to the San Diego Union-Tribune's request for more information.
Both Duncan and Margaret Hunter pleaded not guilty to all charges when they were arraigned in August 2018. Margaret Hunter changed her plea in June to guilty of a single charge and agreed to testify against her husband. Duncan Hunter continues to fight the indictment.
Trial for Hunter was originally scheduled to begin Sept. 10, but an appeal he filed in July prompted lawyers to delay its start until Jan. 14.
Hunter, who is preparing to run for reelection in a March primary, filed the appeal with the 9th Circuit in July to challenge a ruling District Court Judge Thomas J. Whelan made the same month. Whelan refused Hunter's motion to throw out the indictment, rejecting Hunter's argument that the government violated his rights under a section of the U.S. Constitution known as the speech or debate clause.
Hunter argued that charges should be thrown out because the clause protects him from being prosecuted for "legislative acts."
Prosecutors have argued that Hunter's claim is frivolous and urged the appellate court to reject his appeal.
A Court of Appeals decision this week to hear arguments in the appeal at a hearing Dec. 12 in Seattle may prompt attorneys to delay Hunter's trial for a second time, despite the appellate court granting the government's request to expedite the briefing schedule.
The court of appeals had given Hunter and the government until to Oct. 9 to file supplemental briefs in support of their arguments. On Tuesday, there was a pending request by Hunter's attorney to extend the filing deadline for both parties by one week, to Oct. 16.
