Hunter Biden once again asked the federal judge overseeing Delaware’s felony firearms case to dismiss the charges, explaining four reasons why they should be dismissed, according to court documents.
In a flurry of motions filed Tuesday in Delaware District Court, lawyers for the 53-year-old eldest son argued that even if that step were taken, the diversion agreement granted Biden broad immunity in connection with the weapons charges. Because of this, he argued that his case should be dismissed. under.
They also argued that the crimes Hunter Biden was charged with may be unconstitutional under the Second Amendment. The top prosecutor in this case is an illegal special prosecutor. And the charges are politically motivated.
The motion was filed in response to Special Councilor David Weiss’ Jan. 16 rebuttal to Biden’s initial attempt to persuade District Judge Maryellen Noreika to drop the case.
“Just as prosecutors often try to make defendants comply with agreements they have created and signed, and are bound by the agreements made, approved and signed by them.” Write in one motion.
“No matter how harshly a prosecutor’s decision to enter into a diversion agreement is criticized by extremist Republican politicians and right-wing media, prosecutors remain bound by the agreements they enter into.”
“Courts should not allow prosecutors to break agreements.”
Biden is expected to receive full immunity protection under a plea deal he reached with federal prosecutors in July. This would allow him to avoid felony charges for being addicted to crack cocaine, possessing a firearm, and lying about drug use when making a purchase. Colt Cobra 38SPL Revolver. However, the agreement fell apart in a Delaware court.
A month later, Weiss, the U.S. attorney for Delaware, was appointed special prosecutor by Attorney General Merrick Garland.
Biden’s lawyers claim he was improperly appointed as special counsel.
“Special Counsel Weiss does not have the authority to indict or prosecute this case,” Rowell and Dalton wrote, arguing that the regulations require:[t]The special prosecutor shall be selected from outside the United States government,” and said Weiss was ineligible to serve in the role because of his status as a United States attorney.
“The issue here is that Mr. Weiss is not qualified to serve as special counsel because he is already a member of the United States government as the United States Attorney for the District of Delaware and is not independent of the United States government.” . Lawyers argue.
Lowell and Dalton also argued that Weiss’ prosecution of Biden was “selective and vindictive,” and that the special counsel bowed to Republican pressure to go after the president’s son.
“[W]”We know exactly how Mr. Weiss would have resolved this case had it not been for outside pressure to treat Mr. Biden more harshly, because Mr. Weiss actually tried to resolve it,” the motion states. said, again pointing to last year’s diversion agreement and plea agreement.
“That is, until Mr. Weiss came under pressure and faced intense criticism from extremist Republicans,” the filing continues. “In response to protests from former President Trump, extremist House Republicans, and right-wing media who sought to politicize Biden’s fate in the upcoming presidential election, prosecutors reneged on that agreement and are now charging Biden with a felony. Here in both Delaware and California, Biden is seeking heavy prison terms on charges that prosecutors had hoped to settle with suspended sentences just months ago.”
Finally, Lowell and Dalton urged the justices to at least “see guidance from the Supreme Court” regarding pending Second Amendment cases “before allowing this case to proceed to trial.” ”.
“However, without further guidance from a future Supreme Court decision, current law supports dismissal of the counts in this indictment,” they wrote, referring to the Third Circuit Court of Appeals, which has jurisdiction over Delaware. It cites decisions handed down by lower courts, including .
Biden’s lawyers also argued that Weiss “produced three voluminous works containing almost nothing in response to specific requests from Mr. He claimed that he had not responded to requests for further documents.
The eldest son has pleaded not guilty to the firearms charge and is planning to go to trial.
Biden also faces nine tax evasion-related charges, including three felonies, filed against him in Southern California by Weiss’ prosecutors. He pleaded not guilty to all charges in the case earlier this month.
