Hunter Biden moves to DISMISS federal gun charges: President’s troubled son insists collapsed deal remains ‘standing’
Hunter Biden moves to DISMISS federal gun charges: President’s troubled son insists collapsed deal remains ‘standing’
- The president’s son is currently facing three gun charges
- His plea deal collapsed in July when a judge challenged immunity
- Hunter’s attorney Abbe Lowell says it still stands
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Hunter Biden’s lawyer will move to dismiss his federal criminal indictment against the president’s son, arguing that a plea deal that a judge refused to accept remains in place.
Hunter’s attorney, Abbe Lowell, wrote in a filing that the deal, which included an unusual diversion agreement on a federal weapons charge, still stood and protected his client from prosecution.
“He shall seek to have the indictment against him dismissed pursuant to the immunity provisions of this Agreement,” Lowell He wrote in the filing, NBC reported.
The move comes days after the president’s son appeared in federal court in Wilmington along with Lowell to plead not guilty to gun charges against him.
Lowell claimed Tuesday that the charges were the result of “political pressure.”
Hunter Biden’s attorney, Abby Lowell, filed a motion to dismiss Hunter Biden’s criminal charges on gun charges. He maintains that the deal with prosecutors still stands
“These charges are the result of political pressure from President Trump and his MAGA allies to force the Justice Department to ignore the law and deviate from its policies in cases like this,” Lowell said after Hunter left the court.
“The only substantive and relevant changes since July, when the US attorney decided not to bring those very charges against Mr. Biden, have been various court decisions undermining the constitutionality of the law at issue here and a concerted, partisan attack on the judiciary our system by right-wing Republicans.”
The charges relate to Hunter’s purchase of the Colt Cobra handgun in 2018. Federal firearms laws require certification that the purchaser does not use or is addicted to controlled substances. Hunter wrote about his own drug use in his autobiography
In July, Judge Maryellen Noreika rejected a plea deal that would have had Hunter plead guilty to two tax charges while facing the gun charges through a so-called diversion deal that would have allowed him to avoid prison. He called it unprecedented and possibly unconstitutional.
Hunter Biden signed a form denying he was a drug addict when he bought his gun in 2018
The form above shows that Hunter Biden marked “no” when asked if he is an “illegal user or addict” of a controlled substance. But the president’s son said in his own book that he had relapsed in 2018 – the same year he bought the firearm
Amid the furor that followed the collapse of that deal, Attorney General Merrick Garland appointed U.S. Attorney David Weiss as special counsel overseeing the case.
Weiss said in a deposition Wednesday that the diversion agreement was not signed by a court clerk and thus did not take effect.
Defense attorneys and prosecutors clashed in court in July when they argued over what the deal did and did not provide immunity after being questioned by the judge.
On Wednesday, prosecutors dropped the gun count that was part of the collapsed deal.
The count alleged that Hunter violated the law against possession of a weapon while using drugs.
He now faces a three-count indictment based on possession of weapons and making alleged false statements.
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