The drama over Hunter Biden and his various charges appears to be never-ending. After the sweetheart plea deal reached between Hunter Biden and the Department of Justice (DOJ) fell apart in the courtroom in July, the first son was ended up pleading not guilty. He also entered a not guilty plea in October. Now, as Fox News reports, his attorneys are looking to get those charges dismissed, with that infamous plea deal coming up once again.
The indictment over gun charges even "violates" that plea deal, attorney Abbe Lowell claims, which he says is still in effect:
Attorneys for Hunter Biden filed a motion Monday afternoon in federal court in Delaware to dismiss the indictment against him over gun charges, saying it "violates" the collapsed plea agreement, and maintain it is "still in effect" between the president's son and federal prosecutors.
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"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."
"Mr. Biden, one party, struck a deal with the prosecution, the other party, through the Diversion Agreement," the filing continues. "As part of that Agreement, he sacrificed valuable rights in exchange for the prosecution’s agreement not to prosecute the very sort of Indictment that it has brought here."
Lowell said that the "prosecution’s desire to take political cover from the criticism leveled against it does not provide a legal basis for them to renege on the Diversion Agreement it explained to the Court it had made."
"The Court should require the prosecution to honor its agreement and dismiss the Indictment," Lowell stated.
In his motion, Lowell also begins his introduction by offering, with added emphasis, that the "prosecution charges that Mr. Biden violated a rarely used statute that it claims prevented him from owning a firearms as an unlawful user of a controlled substance," but also that that statute was "recently struck down as unconstitutional under the Second Amendment."
The Hill also highlighted portions of the motion and how Special Counsel David Weiss supposedly engaged in "vindictive prosecution."
"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," the motion claims.
A plea deal announced in June would have allowed the first son to avoid jail time and would have enabled him to avoid more serious charges in the future. The deal blew up in court, though, after Judge Maryellen Noreika took issue with how she would not have been able to make any changes to the deal, and she wasn't sure if the deal was even constitutional. Hunter and his attorneys were left "fuming" at the judge, who they then went on to smear and take issue with for being appointed by former President Donald Trump.
It's been an intense few weeks for the first son, and for the Biden family overall. Last Thursday, nine new taxes charges were announced against Hunter, although the indictment left out any mention of President Joe Biden and how he was involved in Hunter's business dealings. An impeachment inquiry was formalized last week, authorizing the House Oversight Committee, House Judiciary Committee, and House Ways and Means Committee to continue investigating the matter.
Hunter Biden is also expected to appear for closed-door testimony on Wednesday, or else he risks being held in contempt of Congress. Earlier this month, Hunter agreed to appear for public testimony, but House Oversight Committee Chairman James Comer (R-KY) announced that same day that that would not be acceptable, with him and House Judiciary Chairman Jim Jordan (R-OH) continuously making their expectations clear to Lowell.
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