Hunter Biden Seeks To Have Gun Charges Dismissed

Hunter Biden is seeking to reduce his mounting legal concerns by getting at least some of the charges against him thrown out.

On Monday, lawyers representing the president’s son argued in motions to U.S. District Judge Maryellen Noreika that the gun charges against him should be thrown out. They base this argument on the plea deal that they negotiated with the Department of Justice over the summer.

The DOJ said that deal never was finalized. Yet, the lawyers representing Biden say that it is valid, and that it protects him from being charged criminally with not just the Delaware gun charges but also the new criminal tax charges that were brought down on him last week in California.

In the gun case, Biden has been charged with owning a firearm illegally, since he was a past drug user, and lying on the federal purchase form for his gun.

Biden’s lawyers are also arguing that the ban on past drug users possessing guns is in violation of the Second Amendment. They further state the fact that a special counsel was appointed to investigate their client breaks rules the DOJ has, and that the overall case is a “selective and vindictive prosecution” that’s being stoked by GOP pressure.

Back in June, it looked like Biden was going to be off the hook for his gun and tax charges. A plea deal negotiated with his lawyers and Delaware U.S. Attorney David Weiss would’ve seen Biden avoid jail time altogether, in exchange for pleading guilty to two misdemeanor tax charges.

He would’ve also entered a pretrial agreement that would have seen the gun charge withdrawn eventually. The pretrial agreement was signed by prosecutors and Biden himself, and that included language that would’ve protected him from being charged criminally in the future.

During a hearing in July, though, the judge overseeing the case was confused about the complicated deal, which led to its ultimate collapse.

Following that debacle, Attorney General Merrick Garland appointed Weiss as a special counsel to review the case, which broadened the prosecutorial authority he has.

In September, he brought new gun charges on Biden in Delaware, and then followed that up with new tax charges in California last week.

Despite all that, Biden’s lawyers are still arguing that the pretrial agreement remains binding.

In a statement to the court, Chris Clark – one of Biden’s former lawyers – said the plea deal was designed to “protect Mr. Biden from being charged for the same conduct by a possible future Trump-led DOJ.”

His current lawyers say that the pretrial agreement “would seem to bar” not only the Delaware gun charges but also the recently-filed California tax charges.

The indictment on the gun charges alleges that, in 2018, Biden purchased a gun. It was a time in his life that he was using crack cocaine regularly – as he wrote himself in a memoir that was released in 2021.