Hunter Biden Lawyer’s Push To Have Gun Charges Dismissed

By Victor Winston, updated on December 11, 2023

In a recent development, Hunter Biden's legal team has filed a motion to dismiss federal gun charges against him.

Amidst a complex legal scenario, Hunter Biden's attorneys are seeking to dismiss federal gun charges, citing a violation of a prior plea agreement.

The controversy centers around Hunter Biden, son of U.S. President Joe Biden. The younger Biden faced charges from Special Counsel David Weiss, appointed by Attorney General Garland to investigate Biden’s financial and business affairs. The charges were related to alleged false statements on a firearm purchase and substance use.

Background of the Gun Charges

Hunter Biden's legal troubles began in October 2018, when he allegedly purchased a firearm. He was accused of falsely stating on forms that he was not a user of controlled substances. This allegation set the stage for a series of legal challenges that would unfold over the next four years.

The situation escalated when, on October 23, 2018, Hunter’s gun was reportedly disposed of in a dumpster by Hallie Biden, leading to a police response. This incident added another layer to the already complex case.

The initial plea deal that Hunter Biden was set to agree to in July collapsed. This deal would have seen him plead guilty to two misdemeanor tax charges, avoiding jail time on a felony gun charge. However, the agreement fell through, leading to a more complicated legal situation.

Legal Proceedings and the Plea Agreement

After the initial plea deal collapsed, Hunter Biden pleaded not guilty to the misdemeanor tax charges and the felony gun charge. If convicted on all counts, the charges carry a maximum of 25 years in prison.

In October, Hunter Biden entered his plea of not guilty to all charges brought by Special Counsel David Weiss. These charges included making false statements regarding the purchase of a firearm and being a user of controlled substances.

In addition to these charges, Hunter Biden also faces tax evasion charges in California, alleging he owed $1.4 million in unpaid taxes from 2017-2020. This adds another dimension to the already complex legal battles he is facing.

Attorney’s Argument for Dismissal

According to Hunter Biden's attorney, the new indictment for the firearm offenses violates a previous agreement granting Biden immunity. This argument forms the crux of the motion to dismiss the charges.

The plea agreement, which had previously fallen apart, had granted Biden immunity from firearm offenses in exchange for his guilty plea on the misdemeanor tax charges. The collapse of this deal is a pivotal moment in the narrative of Hunter Biden’s legal battles.

Hunter Biden's attorney argues that the prosecution, by bringing new charges, violated the Diversion Agreement's terms. The defense contends that this agreement, which included Biden forfeiting various rights, including his Fifth Amendment right, was in exchange for immunity from the firearm charges.

Hunter Biden's attorney stated:

"The Indictment against Mr. Biden must be dismissed because it violates a Diversion Agreement that is in effect between Mr. Biden and the prosecution. In exchange for Mr. Biden giving up various rights, the prosecution agreed to provide him immunity for any offense concerning his purchase of a firearm."

The defense highlights that despite Biden relinquishing valuable rights as part of the contract, the prosecution brought new charges related to the firearm covered in the Diversion Agreement. This, they argue, is a breach of the agreement.

Furthermore, Hunter Biden's legal team contends that the prosecution's actions, presumably influenced by political pressure, do not provide a legal basis to renege on the Diversion Agreement.

Prosecution’s Stance and Public Perception

On the other hand, the prosecution has not publicly stated their rationale for proceeding with the new charges despite the alleged agreement. This has led to various interpretations and speculation about the motivations behind their actions.

The public perception of this case varies; some view it as a political move, while others see it as a necessary legal procedure. The balance of public opinion is as complex as the case itself.

The court's decision on the motion to dismiss will be a significant moment in this ongoing legal saga. It will likely influence public opinion and set a precedent for similar cases in the future.

Conclusion

  • Hunter Biden's attorneys have filed a motion to dismiss federal gun charges.
  • The charges relate to alleged false statements made by Biden regarding a firearm purchase and substance use.
  • The defense argues that the prosecution has violated a previous plea agreement that granted immunity to Biden for firearm offenses.
  • The case has significant implications for legal precedents and the intersection of law and politics.

About Victor Winston

Victor is a freelance writer and researcher who focuses on national politics, geopolitics, and economics.

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