Hunter Biden's Attorneys Make Desperation Move to Fight Gun Charges
Hunter Biden’s attorneys filed a flurry of motions Monday in an effort to have the gun charges against President Joe Biden’s son dismissed.
One motion claimed the plea deal that collapsed in July is still in effect, according to Fox News.
Hunter Biden is facing charges of making a false statement in the purchase of a firearm; making a false statement related to information required to be kept by a federal firearms licensed dealer; and possession of a firearm by a person who is an unlawful user of or addicted to a controlled substance.
The charges he currently faces came after what’s known as a diversion agreement that was part of the original plea deal to settle gun and tax charges collapsed.
“The Indictment against Mr. Biden must be dismissed because it violates a Diversion Agreement that is in effect between Mr. Biden and the prosecution,” Hunter Biden’s attorney, Abbe Lowell, argued in a filing Monday in U.S. District Court for the District of Delaware.
“In exchange for Mr. Biden giving up various rights — including his Fifth Amendment right to remain silent by agreeing to the Statement of Facts drafted by the prosecution and numerous restrictions on his liberty — the prosecution agreed to provide him immunity for any offense concerning his purchase of a firearm (among other offenses),” the filing said.
“Mr. Biden, one party, struck a deal with the prosecution, the other party, through the Diversion Agreement,” the filing said. “As part of that Agreement, he sacrificed valuable rights in exchange for the prosecution’s agreement not to prosecute the very sort of Indictment that it has brought here. …
“The Court should require the prosecution to honor its agreement and dismiss the Indictment.”
According to CNN, the agreement that fell apart in July was never signed by a court probation officer.
U.S. District Judge Maryellen Noreika, whose skepticism about whether the deal was proper sunk it over the summer, will decide if the diversion agreement portion is valid, which would wipe away the gun charges.
Hunter Biden’s attorneys also claimed his prosecution is being done for political reasons, blaming former President Donald Trump.
“Mr. Trump is ground zero for improper motive,” a second filing said. “During his term in office, President Trump incessantly called in demagogue-like fashion on DOJ, the media, the public, and even foreign governments to target and investigate Mr. Biden.”
The filing said special counsel David Weiss filed charges because Trump, “extremist House Republicans” and the “far-right media … made it clear that they wanted Mr. Weiss to keep this litigation alive through the presidential election (regardless of merit) and for him to bring more serious charges as a foil for the investigations and prosecutions of former President Trump.”
Weiss “buckled under political pressure,” the filing said.
Attorneys are also trying to wipe away the charges by claiming that Weiss was not properly appointed, according to The Washington Post.
The charges against Hunter Biden “are unprecedented, unconstitutional and violate the agreement the U.S. Attorney made with Mr. Biden and DOJ’s own regulations,” Lowell wrote in another motion Monday.
“The only relevant changes in the months since this U.S. Attorney decided against pursuing these exact charges against Mr. Biden have been court rulings undermining the constitutionality of the law at issue here and relentless partisan attacks by former President Trump and his MAGA allies in Congress,” he said.
“This is not how an independent investigation is supposed to work, and these charges should be dismissed,” Lowell said.
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