Hunter Biden Will Seek To Dismiss Federal Gun Charges Based On Terms Of Failed Plea Deal, Court Filing Shows

(Photo by Anna Moneymaker/Getty Images)

James Lynch Contributor
Font Size:

Hunter Biden, the son of President Joe Biden, will seek to dismiss his federal gun charges based on the pretrial diversion agreement from his failed guilty plea deal with Department of Justice (DOJ) prosecutors, his legal team said in a late Thursday court filing.

Hunter Biden’s lawyers argued in a Thursday motion that the pretrial diversion agreement grants him immunity from three federal gun charges related to his October 2018 purchase of a Colt Cobra revolver while he was allegedly battling an illicit drug addiction. The younger Biden pleaded not guilty to the charges at an arraignment Tuesday and his legal team indicated they will defend their client on Second Amendment grounds. (RELATED: ‘Really Embarrassed To Ask’: Hunter Biden Begged Joe For Cash To Pay For Alimony, Other ‘Financial Issues,’ Texts Show)


“He will seek to dismiss the Indictment against him pursuant to the immunity provisions of that Agreement,” Biden’s defense attorneys wrote in the court filing. Biden faces up to 25 years in prison for the federal gun charges. (RELATED: FBI, DOJ Officials Were ‘Openly Mocking’ Congressional Inquiries Into Hunter Biden Investigation, Memo Alleges)

The motion came in response to special counsel David Weiss’ motion to dismiss the single felony gun charge Biden’s pretrial diversion agreement originally addressed. Weiss filed the motion to dismiss the single gun charge because of Biden’s indictment on three gun charges by a Delaware grand jury in September.

“If the Special Counsel no longer wishes to pursue that charge, it has the right to do that. Further, Defendant’s position is that the enforceability of the Diversion Agreement has no bearing on the Special Counsel’s Motion to Dismiss, and any disputes regarding the effect and enforceability of the Diversion Agreement are not before the Court at this time,” Biden’s attorneys added in their motion.

Hunter Biden’s original guilty plea agreement for two tax misdemeanors collapsed in July after Delaware U.S. District Court Judge Maryellen Noreika scrutinized an immunity provision tucked into the diversion agreement. Noreika repeatedly asked Biden and his defense counsel Christopher J. Clark if Biden would plead guilty if not for the terms of the diversion agreement, and both said he would not, the court transcript shows. DOJ special attorney Leo Wise admitted to Noreika that the immunity provision was unprecedented when the judge pressed him on its terms.

Noreika’s questioning resulted in a dispute between Wise and Clark over the scope of Biden’s potential immunity and he ended up pleading not guilty to the two tax misdemeanors. Clark was among the attorneys who withdrew from Biden’s case in August because of his role in the failed negotiations.

The DOJ argued in an August court filing that the diversion agreement was not legally binding because of the circumstances surrounding the failed plea deal. (RELATED: Here Are The Biggest Takeaways From Merrick Garland’s Testimony About The Hunter Biden Case)

Attorney General Merrick Garland appointed Weiss special counsel in August after the failed plea negotiations and IRS whistleblower testimony accusing the DOJ of giving Hunter Biden special treatment during its investigation into his taxes and firearms possession. The House Ways and Means Committee released documents on Sept. 27 substantiating the IRS whistleblower accusations ahead of the first impeachment inquiry hearing for President Joe Biden.