Hunter seeks dismissal of gun charge indictment in Delaware
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.
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.
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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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