Attorneys for Hunter Biden, son of U.S. President Joe Biden, have filed a motion to dismiss the indictment against him over gun charges, arguing that it violates the collapsed plea agreement. Special Counsel David Weiss had charged Hunter Biden with making a false statement in the purchase of a firearm, making a false statement related to information required by a federal firearms licensed dealer, and possession of a firearm by an unlawful user of or addicted to a controlled substance.
Hunter Biden pleaded not guilty to all counts in October, with his attorney Abbe Lowell hinting at the intention to file a motion to dismiss due to the diversion agreement on the gun charges, which he believed was still in effect. The diversion agreement was part of the original plea deal that collapsed in July. It would have allowed Hunter Biden to plead guilty to two misdemeanor tax counts of willful failure to pay federal income tax, avoiding jail time on a felony gun charge. However, the deal fell apart during his last court appearance, and he was forced to plead not guilty to the misdemeanor tax charges and the felony gun charge.
In the motion to dismiss, Lowell argued that the indictment violates the diversion agreement, which included immunity for any offense related to the purchase of a firearm. Lowell referred to the agreement as a contract between Hunter Biden and the prosecution, stating that the prosecution must fulfill its promise not to prosecute the charges brought in the indictment.
Citing the initial agreement, Lowell pointed out that the prosecution had previously stated that they could not bring firearms charges based on the firearm identified in the factual statement of the diversion agreement. Lowell argued that bringing the indictment on three felony firearm offenses, all relating to the firearm identified in the agreement, goes against the terms of the contract.
The motion to dismiss also highlighted that Hunter Biden had sacrificed valuable rights as part of the agreement, including his Fifth Amendment right to remain silent, in exchange for the prosecution’s promise not to prosecute the specific charges now brought against him. Lowell emphasized that the prosecution’s desire to take political cover does not provide a legal basis to renege on the diversion agreement.
Hunter Biden pleaded not guilty to the charges during his court appearance in October. If convicted, he could face up to 25 years in prison, along with fines and supervised release. Magistrate Judge Christopher Burke laid out the conditions for Hunter Biden’s release, including seeking employment, communicating international travel plans, abstaining from possessing firearms, alcohol, and drugs, random drug testing, and participation in a substance abuse counseling program.
The federal gun charges are separate from the charges Hunter Biden faces in California, also stemming from Weiss’ investigation. In California, he is charged with three felonies and six misdemeanors related to not paying federal income taxes from January 2017 to October 2020, as well as filing false tax reports.
This is a developing story, and updates will be provided as new information becomes available.
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