Hunter Biden’s legal team filed four motions to dismiss his three federal gun charges in Delaware tied to his alleged purchase of a firearm while he battled drug addiction.
Hunter’s lawyers argued Monday the Delaware indictment for three gun offenses should be dismissed on constitutional grounds, the terms of his failed guilty plea deal and pretrial diversion agreement, Delaware U.S. Attorney David Weiss’ special counsel appointment and supposedly unfair prosecution. (RELATED: Hunter Biden’s Drug Addiction Defense Shattered By New California Indictment)
READ THE MOTIONS:
“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,” the first motion to dismiss reads.
The pretrial diversion agreement for a single felony gun charge was tied to Hunter Biden’s expected guilty plea for two tax misdemeanors in Delaware. His guilty plea deal and diversion agreement collapsed upon scrutiny from U.S. District Court Judge Maryellen Noreika, who questioned a prosecutorial immunity provision contained inside the diversion agreement.
Hunter Biden pleaded not guilty in July to the tax offenses. He was indicted in September on three federal gun charged to which he pleaded not guilty in October. As a result, the single gun felony charge was later dismissed. (RELATED: White House Reveals Whether Joe Biden Will Pardon Son Hunter In Light Of New Charges)
Attorney General Merrick Garland appointed Weiss special counsel in August following the collapse of Hunter Biden’s plea deal and testimony from two IRS whistleblowers accusing the Department of Justice (DOJ) of giving Hunter Biden special treatment.
Weiss proceeded to file a motion to dismiss the Delaware tax charges in order to prosecute Biden elsewhere. Noreika approved Weiss’ motion and the two Delaware tax offenses were dismissed. (RELATED: Joe Biden Used Fake Name To Exchange Over 50 Private Emails With Hunter Biden’s Business Associate, Docs Show)
Hunter Biden’s legal team believes Weiss’ special counsel appointment is unlawful because it goes against DOJ regulations and congress did not appropriate funds for it. (RELATED: Hunter Biden’s Financial Backer Feared Political ‘Risk’ Caused By Delinquent Tax Returns, Docs Show)
“This prosecution is not legally authorized because David Weiss was unlawfully appointed as Special Counsel and Congress has not appropriated funds for the Special Counsel’s investigation or this prosecution,” the separate motion to dismiss reads.
DOJ regulations instruct the attorney general to appoint a special counsel from outside the government. Weiss is simultaneously working as U.S. Attorney for Delaware, he told the House Judiciary Committee when he testified in November, according to a transcript reviewed by the Daily Caller.
WASHINGTON, DC – SEPTEMBER 20: U.S. Attorney General Merrick Garland testifies before the House Judiciary Committee in the Rayburn House Office Building on September 20, 2023 in Washington, DC. The committee is holding an oversight hearing on the U.S. Department of Justice. (Photo by Win McNamee/Getty Images)
Garland testified to the House Judiciary Committee in September and said Weiss was the only prosecutor he considered for the special counsel appointment. (RELATED: Burisma Slashed Hunter Biden’s Salary When Donald Trump Took Office, New Indictment Shows)
Hunter Biden’s legal team is also arguing he is the victim of selective prosecution and his case breaches the separation of powers because of the investigative efforts by the House Oversight and Judiciary Committees. House lawmakers continue to probe Hunter Biden’s foreign business dealings and the IRS whistleblower testimony as part of the impeachment inquiry into President Biden.
“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,” the motion reads.
In addition, Hunter Biden’s lawyers believe the gun charges against him are unconstitutional on Second Amendment grounds, citing multiple court cases including the Supreme Court’s recent decision in New York State Rifle and Pistol Association v. Bruen, where justices struck down the state’s concealed carry regulations.
“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,” his legal team said in another motion to dismiss.
His father, President Biden, is a staunch supporter of stricter gun control measures and criticized the Supreme Court for its decision in the Bruen case. The White House indicated Friday President Biden does not plan on issuing a pardon for his embattled son in the wake of his California indictment for nine tax related charges.
Hunter Biden’s legal team is seeking discovery and an evidentiary hearing on his motions to dismiss the gun indictment.