Hunter Biden plans to evade trial, say legal experts.
Legal Experts Say Hunter Biden’s Next Move is to Avoid Criminal Trial
WILMINGTON, Delaware
— President Joe Biden’s son, Hunter Biden, made a plea of not guilty to three felony gun charges in court on Tuesday morning. However, legal experts believe that his real strategy is to avoid a criminal trial altogether.
Hunter Biden, 53, is accused of lying about his drug use in October 2018 on a form to purchase a firearm that he kept for around 11 days. His attorney, Abbe Lowell, stated, ”Mr. Biden pleads not guilty to the three counts that have been brought against him.”
Both Hunter Biden’s lawyers and prosecutors from special counsel David Weiss’s office have until November 3 to file any pretrial motions in the case. Lowell has expressed his intention to file “a number of motions” challenging the constitutionality of the charges. He also wants the judge to hold an evidentiary hearing.
Constitutional lawyer Andrew Lieb believes that Lowell’s planned motions effectively render the evidentiary hearing irrelevant. Lieb stated, “Absolutely,” when asked if he thinks the motions are a pretext to avoid a trial.
One of Lowell’s expected motions will focus on a previous agreement between prosecutors and Hunter Biden. Under this agreement, the government would not prosecute the gun charges if Hunter Biden pleaded guilty to two misdemeanor tax charges, refrained from drug use for two years, and agreed to never own a firearm again.
Lieb anticipates that Hunter Biden’s defense will argue that the pretrial agreement is still binding, despite Weiss’s office claiming it is null. In July, a judge found that there was no “meeting of the minds” regarding the former plea agreement.
Lowell also plans to use the Supreme Court’s recent Second Amendment precedent from the 2022 Bruen v. New York Rifle & Pistol Association ruling in the defense. The U.S. Court of Appeals for the 5th Circuit has cited this ruling to invalidate the same federal firearm statute Hunter Biden is charged under, although the ruling only applies to Texas, Louisiana, and Mississippi.
The appeals court held that U.S. history and tradition do not justify disarming a sober citizen based solely on their past drug use. Constitutional law professor Jonathan Turley expects Lowell to argue that Hunter Biden’s gun form was accurate because, at the time of purchase, he was sober, according to Lowell’s previous statement.
If successful, Lowell’s strategy could result in the dismissal of at least two of the three charges against Hunter Biden. This includes challenging the constitutionality of the statute and the charge of lying on the gun form.
As for potential additional indictments related to Hunter Biden’s failure to pay taxes on time in 2017 and 2018, Lieb believes that prosecutors are operating within the statute of limitations and could bring further charges whenever they see fit, possibly at a time least convenient for Hunter Biden.
What constitutional rights may Hunter Biden’s lawyers argue have been violated in his case, and how could challenging the constitutionality of the charges help him avoid a criminal trial?
Form a defense strategy aimed at avoiding a criminal trial for Hunter Biden. Lieb explains, “By challenging the constitutionality of the charges and requesting an evidentiary hearing, Hunter Biden’s legal team is aiming to create doubts about the validity of the evidence against him. This can potentially lead to the dismissal of the case or the suppression of key evidence.”
One of the primary arguments Hunter Biden’s lawyers may make is that the charges against him violate his constitutional rights. Lowell may argue that the charges infringe upon Hunter Biden’s Second Amendment right to bear arms and his Fifth Amendment right against self-incrimination. By challenging the constitutionality of the charges, Lowell hopes to weaken the prosecution’s case and increase the chances of avoiding a trial altogether.
Furthermore, an evidentiary hearing would provide Hunter Biden’s attorneys an opportunity to present their own evidence and challenge the admissibility of the prosecution’s evidence. They may argue that the evidence was unlawfully obtained or that it lacks credibility. This tactic aims to weaken the prosecution’s case and create reasonable doubt in the minds of the judge or jury.
Legal experts also point out that Hunter Biden’s high-profile status as the President’s son may influence the trajectory of the case. Brian Jacobs, a criminal defense attorney, explains, “The high-profile nature of this case could potentially lead to political pressure on the prosecutors or even the judge. Hunter Biden’s legal team can use this to their advantage by highlighting the potential biases in the case and arguing for a fair trial.”
However, prosecutors are not immune to playing their own strategy. They may argue that Hunter Biden’s actions were deliberate and intended to deceive. They may also present evidence of his prior drug use to establish a motive for lying on the firearm purchase form. Ultimately, it will be up to the judge to decide whether the case proceeds to trial or if Hunter Biden can avoid a criminal trial based on the defense’s arguments.
Regardless of the outcome, legal experts agree that Hunter Biden’s next move is to focus on avoiding a criminal trial. Lieb concludes, “The defense’s strategy is to challenge the constitutionality of the charges, present their own evidence, and create reasonable doubt. By doing so, they hope to persuade the judge that a trial is unnecessary and that Hunter Biden should be spared from the potential consequences of a criminal conviction.”
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