First son Hunter Biden asked the federal firearms charges he pleaded not guilty to earlier this week to be dismissed, claiming he has immunity from the charges stemming from an earlier plea deal with prosecutors.
Defense attorneys Abbe Lowell and Richard Jones said the July diversion agreement “that both parties signed remains in effect, and he will seek to dismiss the Indictment against him pursuant to the immunity provisions of the Agreement,” according to a court filing Friday.
The lawyers argued that the “only charge” special counsel David Weiss was “allowed to bring” as part of the diversion agreement was a tax charge that was dismissed after the eldest son’s plea deal blew up in court.
“If the Special Counsel no longer wishes to pursue the charges, it has the right to do so,” Lowell and Jones wrote.
First son Hunter Biden asked the federal firearms charges he pleaded not guilty to this week to be dismissed, claiming he has immunity. Saquan Stimpson – CNP Special Counsel David Weiss indicted Hunter Biden last month on three counts of making false statements about his drug use when purchasing a gun in 2018.
Weiss charged Hunter Biden last month with three counts of making false statements about his drug use when he bought a gun in 2018.
The first son faces up to 25 years in prison if convicted on all charges.
Hunter’s defense team accused federal prosecutors in August of reneging on the original plea deal, which they said remained “valid” and “binding” despite the spectacular July 26 outburst in a Delaware court.
Hunter’s defense attorneys, Abbe Lowell (above) and Richard Jones said “he will seek to dismiss the Indictment against him pursuant to the immunity provisions” of the diversion agreement.Getty Images
Weiss’ team denied that Hunter’s deal remained “in effect,” saying defense attorneys had “cobbled together snippets” from the hearing transcript to make their case and that neither a judge nor a probation officer had approved the deal.
Allegations against Hunter Biden
COUNT 1: False Statement in the Purchase of a Firearm
Facing a maximum prison sentence of 10 years; $250,000 fine; 3 years of supervised release; special assessment $100.
COUNT 2: False Statement Regarding Information Required to Be Maintained by a Licensed Federal Firearms Dealer
Facing a maximum prison sentence of 5 years; $250,000 fine; 3 years of supervised release; special assessment $100.
COURT 3: Possession of a Firearm by a Person Who is an Unlawful User or Addicted to a Controlled Substance
Facing a maximum prison sentence of 10 years; $250,000 fine; 3 years of supervised release; special assessment $100.
Federal prosecutors have also insisted that their investigation is “ongoing,” but congressional Republicans have suggested the suit was made to block the investigation’s surveillance of the president’s son.
The June 20 plea deal from Weiss’ office will have Hunter Biden plead guilty to two tax offenses for missing six-figure payments on $1.5 million in income he earned in 2017 and 2018.
Prosecutors insist that their investigation into Hunter is “ongoing,” though some Republicans say the lawsuit is hindering oversight of the investigation into President Biden’s son.ZUMAPRESS.com
IRS tax investigators told Congress they initially recommended criminal charges because of Hunter’s failure to pay $2.2 million of the $8.3 million he earned between 2014 and 2019 from foreign entities in Ukraine, Russia and China.
IRS Supervisory Special Agent Gary Shapley and Special Agent Joseph Ziegler also alleged that the Department of Justice interfered in their investigation and prevented them from pursuing leads that could end up with President Biden.
The plea agreement also allowed the first son to enter a diversion program on a felony firearms charge after he illegally purchased a Glock handgun while addicted to crack cocaine.
Hunter’s lawyer last year threatened to put his father on the witness stand if criminal charges were brought against the first son, according to Politico.Saquan Stimpson – CNP
It further grants the first child broad immunity from future charges, including possible violations of the Foreign Agents Registration Act.
If accepted, the deal would allow Hunter Biden to serve two years of probation and have his record expunged.
But prosecutors told US District Judge Maryellen Noreika in court that the unprecedented deal would not protect the first son from being charged again for past crimes, prompting defense attorney Chris Clark to declare it “null and void.”
With her status elevated to special counsel, Weiss can also bring tax charges against Hunter Biden in Washington, DC and Los Angeles.Saquan Stimpson – CNP
In the months that followed, the two sides were unable to revive plea negotiations, resulting in a three-count indictment on September 14 on firearms charges.
With her status elevated to special counsel, Weiss may also bring tax charges against Hunter Biden in Washington, DC and Los Angeles.
US Attorneys Matthew Graves and E. Martin Estrada, appointed by President Biden to the jurisdiction, refused to cooperate with Weiss in prosecuting the first child last year, according to IRS officials.
Hunter’s lawyer last year threatened to put his father on the witness stand if criminal charges were brought against the first son, according to Politico, potentially setting up another spectacular courtroom trial in the coming months.
The eldest child’s next court appearance in Delaware has not been set, but a pre-trial motion is expected by Nov. 3.
Categories: Trending
Source: thtrangdai.edu.vn/en/
