Hunter Biden's legal team is on the offensive.
Hunter Biden's attorneys have filed motions to dismiss his federal gun charges, claiming his rights have been violated and the appointment of the special counsel is unlawful.
Hunter Biden's representation contended on Monday that the indictment against him should not stand, citing a diversion agreement that allegedly provides him immunity from the firearms purchase offenses. According to the legal team, this agreement was linked to an expected guilty plea for separate tax crimes, which ultimately did not materialize, causing the deal to collapse.
The appointment of U.S. Attorney David Weiss as special counsel by Attorney General Garland in August is now under scrutiny by Hunter Biden's lawyers. They argue that not only does this appointment violate Department of Justice regulations, but it also results from partisan pressures.
The motions assert that Weiss, initially pursuing tax charges against Biden, dismissed those in favor of prosecuting him on other grounds, a move Hunter's team views as politically influenced.
Hunter Biden's lawyers also raised concerns about selective prosecution. They believe that the pressure from House Republicans has led to an unfair focus on Biden, with the aim of targeting his father, President Biden. The first motion to dismiss reads:
"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—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."
Hunter's legal team is also invoking the Second Amendment in their defense. They highlight court rulings that they argue should protect Hunter's right to gun ownership, suggesting that inquiries into his controlled substance use should not disqualify him from this constitutional right.
The attorneys state, "Quite simply, asking about Mr. Biden’s status as a user of a controlled status is constitutionally irrelevant to whether he can be denied his Second Amendment right to gun ownership."
Recapping the events leading to the current legal situation, Hunter Biden initially pleaded not guilty to the Delaware tax offenses in July. By September, he faced federal gun charges and entered a not-guilty plea in October. A previous lone gun felony charge was dismissed following the collapsed plea deal. Meanwhile, House lawmakers have not relented in their investigation into Hunter's finances, which is part of a broader impeachment inquiry into President Joe Biden.
The motions filed by Hunter Biden's legal team propose a narrative of a legal process that they see as tainted by political maneuvering and regulatory missteps.
Reiterating the political nature of the appointment, the defense states:
"The facts of Mr. Weiss’s high-profile flip-flop speak for themselves, and the fact that he traded his own judgment for the judgment of President Biden’s political enemies is not lost on anyone. In fact, the same Republican House Members who exerted this pressure on Mr. Weiss have claimed credit for causing Mr. Weiss’s about-face."
As the legal process unfolds, the broader political implications of Hunter Biden's case remain under close watch. Both supporters and critics of the Biden administration are likely monitoring these developments keenly, aware of the potential impact on the president's political standing and the legal precedents that could be set regarding the allegations and the defense's responses.