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Hunter seeks dismissal of gun charge indictment in Delaware


Hunter Biden, son of U.S. President Joe Biden, departs from‍ the ​J. Caleb Boggs ⁢Federal Building on ⁤October 3,⁤ 2023 ​in Wilmington, Delaware. Biden​ appeared in⁤ court to be arraigned on ⁢firearms charges where he⁣ plead not guilty. (Photo by Anna Moneymaker/Getty Images)

OAN’s Brooke Mallory
5:10 ⁤PM‍ – Monday, December ⁢11, ⁣2023

Hunter Biden accused Special Counsel David Weiss ⁣of ‍succumbing to ​political pressure in pursuing ⁢his gun charges indictment. He​ filed several ⁤petitions contesting the charges against him in Delaware.

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Hunter filed a motion ‍to dismiss‌ the case, claiming‍ it is‍ a “vindictive ⁤prosecution.” He also argued that Weiss was⁣ improperly appointed as⁢ special​ counsel.

Regarding the gun charges, he was supposed to enter a guilty plea under a plea bargain. ‌However, his ⁢legal defense argued​ that the Second Amendment​ protects his right to purchase a firearm even ‍if⁣ he uses drugs, and that he should be immune under the previous‌ agreement.

Hunter Biden ‍contended that Weiss’s‍ original strategy‌ was a plea deal that‍ would have placed him in a ⁣pretrial ⁢diversion ​program for lying about his drug use when buying a ⁣firearm.

“The announcement that⁤ this case would be resolved through a Diversion Agreement and ⁤a Plea Agreement drew a⁢ sharp rebuke ⁤from former President Trump (who appointed Mr. Weiss), extremist House ‌Republicans, and the far-right media. They made it clear that⁢ they wanted Mr. Weiss to keep ‍this litigation alive ⁤through the presidential election,” Biden’s legal team wrote.

“Because the facts in the⁣ case did not change and ⁣the law only became more difficult for such prosecutions, ⁣the public record‍ supports no ‍conclusion other⁢ than ‍ [that] Mr.​ Weiss changed his decision ​because he buckled under political pressure ‍to​ bring more severe charges,” they continued.

Some‍ have‍ compared this document to one submitted by Trump, who requested⁣ the dismissal of accusations against​ him in the federal election meddling investigation, claiming they were politically motivated.

Additionally, Hunter’s attorneys alleged that federal prosecutors broke a plea deal ⁤that would have excluded the weapons allegations entirely.

They argued that the current president’s son “gave ⁢up various rights,” including his Fifth Amendment right ⁣to remain silent, in exchange for an agreement meant to protect him from weapon-related crimes.

“As the ​prosecution ‍told the Court, ‘based on the terms of the agreement… We cannot bring firearms charges based on ‍the⁢ firearm identified in ​the factual statement to​ the Diversion Agreement.’ Nevertheless, the prosecution did just⁢ that by subsequently bringing this indictment charging Mr. ​Biden with three felony ​firearm‌ offenses, which all relate to the firearm identified in the Diversion Agreement’s factual statement.

“Because‍ Mr. Biden⁢ gave up valuable‍ rights as part ⁤of this contract, in ⁢exchange for the prosecution’s promise not to prosecute him, ‘such promise must be fulfilled,'” the attorneys added.

In ⁤September, ⁢Biden was accused by federal ‌prosecutors of three gun-related ​crimes: two⁢ counts of concealing drug usage from potential gun buyers and one count of illegally possessing a handgun while ⁣under the influence of a controlled substance.

He pleaded not guilty⁤ to⁣ all charges.

After a plea bargain​ with the government collapsed‌ last summer due to concerns about the terms of the‌ agreement from ⁤the judge overseeing the case,⁢ he pleaded ‍not guilty to all ‌counts. According ​to the terms of the arrangement, he would have⁤ avoided a formal accusation ⁢related to guns ⁣by pleading guilty to two tax violations.

In addition, ⁣Biden argued that his gun possession ⁤charge ⁣is “illegal in light of the‌ Supreme ‍Court’s historic​ Second Amendment rights ruling,”⁢ referring to the ⁣NYSRPA vs. ‍Bruen case last year.

One federal appeals court has already declared the legislation to be “unconstitutional,” according to Biden’s ⁤counsel. They ​claimed that if the accusation in ​Biden’s case is proven unfounded, the other charges would‌ also be dismissed.

“While Congress could criminalize gun possession​ by someone who ‌was actively intoxicated, or perhaps someone who at least ⁢actively had a controlled substance in their ‌body, a prohibition on gun ownership by anyone who ‌had⁢ at some time used a ⁣controlled substance is constitutionally ⁢overbroad ‌under Bruen,” Biden’s attorneys wrote.

The lawsuit also ⁢questions Weiss’s authority⁣ as‌ special counsel, arguing that he cannot hold both positions simultaneously as ⁤he is the ⁤U.S. Attorney for ⁤Delaware.

“That ⁣appointment is flatly ‍precluded by the U.S. Department of Justice’s own regulations setting the ‘Qualifications of the Special Counsel,’ which provide: ‘The⁤ Special Counsel‍ shall be ‍selected from ⁣outside the United ‌States Government,'” Biden’s​ attorneys continued.

The filings, which primarily relied on personal ‌information to prove that Biden had ‍neglected his tax obligations, presented three felonies and ⁣six ⁢misdemeanors in ⁤California.​ These documents offered a‌ glimpse into Biden’s potential response to ⁤the⁢ second indictment presented by Weiss last week.

Stay informed! Receive breaking news ⁤blasts⁤ directly to your ⁢inbox for ‌free. Subscribe here. https://www.oann.com/alerts

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What is Hunter​ Biden’s defense regarding his Second Amendment ‍rights and the gun charges?

Hunter Biden, ⁣the son of U.S. ⁣President ⁢Joe⁢ Biden, has accused Special Counsel David Weiss of⁤ succumbing to political pressure in ​pursuing gun charges against him. Hunter has‌ filed⁣ several petitions contesting the ⁤charges, claiming that they are a ⁤”vindictive prosecution.” He ​also argues that Weiss was improperly appointed as special counsel.

In relation to the gun charges, Hunter was initially⁢ supposed​ to ‌enter a guilty plea ​under a plea bargain. However, his legal defense argued that⁣ his Second Amendment rights protect his ‍right to‌ purchase a firearm even ‍if he‍ uses ⁤drugs, and that he ⁣should be immune under the previous agreement.

Hunter Biden contends that Weiss’s original strategy⁢ was‌ a plea deal that would ‌have placed ​him in a pretrial diversion program for lying about his drug use when buying a firearm. His legal team wrote,‍ “The announcement that this case would be resolved ⁣through a Diversion⁣ Agreement and‍ a Plea Agreement drew a sharp rebuke from former President Trump (who appointed Mr. Weiss), extremist House Republicans, and the far-right media. They made it clear that ⁢they wanted Mr. Weiss to keep this litigation alive through the presidential election.”

Some have compared this situation ⁣to a document submitted by Trump, who requested the dismissal‌ of accusations against him in the federal election meddling investigation, claiming they were politically motivated.

Additionally, ⁢Hunter’s attorneys allege that federal prosecutors‍ broke a plea⁤ deal that ‍would have excluded the weapons allegations entirely. They argue that Hunter “gave ⁤up various rights,” including his Fifth Amendment right to remain‍ silent, in exchange for an agreement meant to protect him‌ from weapon-related⁤ crimes.

In​ September, ⁣Hunter ⁣Biden was accused‌ by federal prosecutors of three gun-related crimes: two counts of concealing drug usage from potential gun buyers and one⁢ count of illegally possessing ​a handgun while under ⁤the influence of a controlled substance. He has pleaded not ‌guilty to all charges.

After ‌a​ plea bargain with ⁤the government collapsed last summer due to ‌concerns about the terms of the agreement, Hunter pleaded not guilty to all counts. According to the terms of the arrangement,⁤ he⁤ would have​ avoided ‍a​ formal accusation related to guns⁣ by pleading ‍guilty to‍ two tax violations.

Hunter also argues​ that his gun possession charge is “illegal ⁤in​ light of the ⁢Supreme Court’s ⁣historic Second ‌Amendment rights ​ruling.”⁢ One federal appeals court has already⁢ declared the legislation to be “unconstitutional,” according to Hunter’s counsel. They claim that if the accusation in ‍Hunter’s case is proven unfounded, the other charges would also be ​dismissed.

In conclusion, Hunter⁣ Biden ‍is ⁢contesting⁤ the gun charges against him, claiming they are politically​ motivated and that the appointment of Special Counsel David Weiss was improper. He argues that ‌his Second Amendment rights protect ‍his right to possess firearms, even‍ if he ‍uses⁢ drugs. The outcome of this case will be closely watched, ⁤as⁤ it has drawn comparisons ⁢to previous instances where​ politicians have⁢ accused ‌prosecutions of being politically ​biased.



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