Hunter Biden’s Lawyers Plot Second Amendment Defense To Fight Gun Charges

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James Lynch Investigative Reporter
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Hunter Biden’s legal team is going to use a Second Amendment defense to fight his three federal gun charges, according to letters his lawyers wrote to Department of Justice (DOJ) officials.

Biden’s lawyers wrote three letters to DOJ officials over the course of the investigation into their client, arguing potential gun charges would not hold up in light of constitutionality concerns and recent court rulings relaxing gun restrictions, Politico first reported Tuesday.


“We write regarding the Government’s recent disclosure that it is considering criminal charges against our client, Robert Hunter Biden, in connection with his alleged purchase and possession of a firearm over eleven days in October 2018,” attorneys for the law firm Latham & Watkins LLP wrote in an October 2022 letter to Delaware U.S. Attorney David Weiss. (RELATED: Hunter Biden’s Attorney Pressured David Weiss On IRS Whistleblowers Right After Special Counsel Appointment)

“Such a prosecution would be unjust; end in failure on the merits; be inconsistent with the practices of the United States Department of Justice and this Office; and significantly damage the reputation of those institutions. For these reasons and set forth in detail below, this Office should decline to bring any firearm-related charges against our client,” the letter adds.

The letter states Biden is nonviolent and recovered from the crack cocaine addiction he was allegedly suffering from when he purchased the firearm. Clark argued there is a lack of case history surrounding the potential charges and court rulings that could make the charges unconstitutional including the Bruen case.

The Supreme Court ruled in its June 2022 New York State Rifle & Pistol Associate v. Bruen decision that firearms regulations must be “consistent with this Nation’s historical tradition of firearm regulation,” Justice Clarence Thomas said in the majority opinion striking down New York’s concealed carry restrictions.

“This ruling contradicts both common sense and the Constitution, and should deeply trouble us all,” Joe Biden said in a statement criticizing the Bruen ruling. “I have already taken more executive actions to reduce gun violence than any other President during their first year in office, and I will continue to do all that I can to protect Americans from gun violence.”

Hunter Biden’s legal team wrote similar letters to Weiss in January and February 2023, flagging legal developments related to the constitutionality of certain gun regulations. They threatened to put Joe Biden on the witness stand if gun charges for the younger Biden went to trial, Politico reported in August.

The Latham & Watkins LLP attorneys withdrew from the Hunter Biden case in August after his plea deal collapsed. Biden’s lead defense counsel, Christopher J. Clark, who was with Latham & Watkins before moving to his own firm, also withdrew from the case due to his role in the failed guilty plea negotiations.

Hunter Biden’s defense attorney Abbe Lowell said at Biden’s arraignment Tuesday that he intends to challenge the constitutionality of his client’s gun charges, the Associated Press (AP) reported.

Lowell made similar comments to CNN’s Erin Burnett shortly after Hunter’s indictment. “The constitutionality of these charges are very much in doubt,” the attorney said.

The first son pleaded not guilty Tuesday to three federal gun charges related to his October 2018 purchase of a Colt Cobra revolver while he was allegedly addicted to crack cocaine.

Hunter Biden was indicted Sept. 14 for two counts connected to false statements about his alleged drug addiction when purchasing the firearm and a third count for possessing the weapons while he was allegedly knowingly addicted to illicit drugs. He faces a maximum of 25 years in prison for the federal gun charges.

The younger Biden pleaded not guilty to two tax misdemeanors in July, when his guilty plea agreement and pretrial diversion agreement for a felony gun charge fell apart in court after Delaware U.S. District Court Judge Maryellen Noreika contested an immunity provision tucked into Biden’s diversion agreement.

Hunter Biden’s legal team has argued the diversion agreement is legally binding, an assertion the DOJ disputed in an August court filing. (RELATED: ‘Improper Interference’: Hunter Biden’s Attorney Accuses Republicans Of ‘Manipulation’ In DOJ Investigation)

Attorney General Merrick Garland appointed Weiss special counsel in August to continue the DOJ’s ongoing investigation into Hunter Biden’s taxes and firearm possession. Noreika approved a motion Weiss filed in August to withdraw the Delaware tax charges to potentially charge Biden in D.C. or the Central District of California.

IRS whistleblowers Gary Shapley and Joseph Ziegler testified to the House Ways and Means Committee in May and June, alleging Hunter Biden received special treatment from investigators under Weiss’ leadership. The committee released a trove of documents Sept. 27 substantiating Shapley and Ziegler’s testimony ahead of the first impeachment inquiry hearing into President Joe Biden.