Hunter Biden, the son of President Joe Biden, is seeking to have federal gun charges against him dismissed, claiming immunity based on a previous plea agreement.
Defense attorneys Abbe Lowell and Richard Jones argued in a court filing on Friday that a diversion agreement signed by both parties in July remains in force and provides immunity against the indictment.
They stated that the only charge special counsel David Weiss was permitted to bring under the agreement was tax charges, which have since been dismissed. If the special counsel no longer wishes to pursue that charge, they have the right to do so, according to the defense team.
Weiss indicted Hunter Biden last month on three counts of making false statements about his drug use when purchasing a gun in 2018. If convicted on all charges, Hunter Biden could face up to 25 years in prison. However, his defense team has accused federal prosecutors of reneging on the original plea agreement, which they argue remains valid and binding. The plea agreement had Hunter Biden pleading guilty to two tax misdemeanors for failing to pay taxes on $1.5 million in income earned in 2017 and 2018.
Federal prosecutors have maintained that their investigation is ongoing, but some congressional Republicans have suggested that this claim is an attempt to block oversight of the probe into the President's son. The plea deal would have allowed Hunter Biden to enter a diversion program for the felony gun charge and granted him immunity from future charges, including potential violations of the Foreign Agents Registration Act. If accepted, the agreement would have resulted in two years of probation for Hunter Biden and the expungement of his record.
However, the plea deal fell apart in July, with prosecutors stating that it would not protect Hunter Biden from being charged again for past crimes.
As a result, plea talks were not revived, leading to a three-count indictment on September 14 for the gun charges. With his elevation to special counsel status, Weiss may also bring tax charges against Hunter Biden in Washington, DC, and Los Angeles.
Hunter Biden's next court appearance in Delaware has not yet been scheduled, but pre-trial motions are due by November 3. In the past, Hunter Biden's lawyers have threatened to put President Biden on the witness stand if criminal charges were brought against the first son. This could potentially lead to a high-profile courtroom hearing in the coming months.
The outcome of Hunter Biden's request to dismiss the federal gun charges remains uncertain. The case has drawn significant attention due to his status as the son of the President, and the legal battle is likely to continue as both sides present their arguments in court.
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