Hunter Biden’s legal team is doubling down on its attempt to pin his federal gun prosecution on pressure from House Republicans and former President Donald Trump.
Biden’s attorneys filed a reply motion Tuesday in support of his claim that the Biden administration’s Department of Justice (DOJ) is selectively prosecuting him for federal gun crimes committed in Delaware and therefore the case should be dismissed. (RELATED: FBI Investigators Found Cocaine On Firearm Pouch Hunter Biden Used, Prosecutors Say)
READ THE MOTION:
“That is, until Mr. Weiss was under pressure and heavy criticism from Republican extremists arose. In response to that outcry from former President Trump, extremist House Republicans and right-wing media looking to make Mr. Biden’s fate a political issue in the next presidential election, the prosecution blew up that deal and now has brought felony charges against Mr. Biden both here in Delaware and in California and is seeking a heavy prison sentence for charges the prosecution was willing to resolve for probation just months ago,” Biden’s lawyers wrote in the court filing.
His motion is referring to the guilty plea agreement for two tax misdemeanors and a diversion agreement for a felony gun charge between Biden’s legal team and Weiss’ office. The guilty plea and diversion agreement fell apart in July after a judge questioned a prosecutorial immunity provision inside the diversion agreement.
He ended up pleading not guilty to two misdemeanor tax charges and the diversion agreement remains a point of contention between the two sides. (RELATED: DOJ Prosecutors Grill Hunter Biden For Attempting To Subpoena Donald Trump)
House Republicans are investigating Hunter Biden’s foreign business dealings and the DOJ’s investigation into Hunter Biden for the impeachment inquiry into President Joe Biden. Hunter Biden is set to testify on Feb. 28 for the impeachment inquiry. (RELATED: Biden Associate Reveals The Reason Joe Biden Apparently Met With Hunter’s Chinese Business Partners)
In his initial motion to dismiss based on selective prosecution, Biden’s team made similar assertions about Republican pressure supposedly motivating Weiss’ decision to prosecute him in Delaware and California. The Delaware tax offenses and single felony gun charge have since been dismissed.
Hunter Biden is facing 25 years in prison for three felony gun charges in Delaware and 17 years in prison for three felony and six misdemeanor tax charges in California. He has pleaded not guilty to both sets of charges.
Weiss, the U.S. Attorney for Delaware, became special counsel on the Hunter Biden case in August after the guilty plea deal collapsed and two IRS whistleblowers accused the DOJ of giving Hunter Biden special treatment.
President Joe Biden appointed Attorney General Merrick Garland in 2021 and Garland named Weiss, who is simultaneously the Delaware U.S. Attorney, special counsel on the Hunter Biden investigation. Garland testified in September before the House Judiciary Committee and threw his support behind Weiss’ handling of the Biden case.
Hunter Biden’s attorneys argued the diversion agreement is legally binding in a separate motion to dismiss and a reply motion filed Thursday. He is also seeking to have the gun charges dismissed on Second Amendment grounds and legal arguments Weiss is unlawfully serving as special counsel.