Hunter Biden‘s legal team has filed a motion to dismiss the indictment against him over gun charges in Delaware.
Earlier this year, special counsel David Weiss charged Hunter Biden with making a false statement in the purchase of a firearm; making a false statement related to information required to be kept by a federal firearms licensed dealer; and one count of possession of a firearm by a person who is an unlawful user of or addicted to a controlled substance.
The president’s son pleaded not guilty to all counts in October before a sweetheart plea deal fell through. (RELATED: Hunter Biden To Plead Not Guilty To Federal Gun Charges)
Biden’s lawyers are attempting to have the indictment dismissed by saying it “violates” the collapsed plea agreement and maintain it is “still in effect” between the president’s son and federal prosecutors.
Fox News has more:
“The Indictment against Mr. Biden must be dismissed because it violates a Diversion Agreement that is in effect between Mr. Biden and the prosecution,” Lowell argued in the filing. “In exchange for Mr. Biden giving up various rights—including his Fifth Amendment right to remain silent by agreeing to the Statement of Facts drafted by the prosecution and numerous restrictions on his liberty—the prosecution agreed to provide him immunity for any offense concerning his purchase of a firearm (among other offenses).”
Citing the initial agreement, which Republicans have billed as a “sweetheart plea deal,” Lowell said prosecutors, in July, said they could not 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,” Lowell continued Monday. “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.”
Last week, Biden was also indicted on tax charges in California. (RELATED: Hunter Biden Hit With New Indictment)
CNN reported that Hunter was hit with nine counts on charges that include failure to file and pay taxes; evasion of assessment and false or fraudulent tax return.
Biden is facing up to 17 years in prison for his crimes.
This article is republished with permission from Great America News Desk.
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