Attorneys for Hunter Biden’s eldest son asked a Delaware federal judge in four separate motions Monday to dismiss the weapons charges brought by special counsel David Weiss.
Attorneys for Abbe Lowell and Bartholomew Dalton asked US District Judge Maryellen Noreika to throw out the case, arguing that the allegations violate a past agreement between the 53-year-old man and the government, are based on unconstitutional gun statutes and that Weiss was illegally appointed to the special attorney status.
A fourth motion to dismiss the case claims “selective and vindictive prosecution” of the eldest son and “violation of separation of powers” because Weiss “came under political pressure” from former President Donald Trump and congressional Republicans.
“After five years of exhaustive investigation (and what has been and must continue to be very expensive), US Attorney David Weiss, a holdover from the Trump administration, has decided to settle the entire investigation of Mr. Biden through a Diversion Agreement on gun charges and a separate Plea Agreement for settle charges of tax-related misconduct,” the lawyer wrote.
Attorneys for Hunter Biden have asked a federal judge in four separate motions to dismiss the first child gun charges brought by special counsel David Weiss in Delaware, according to court filings Monday. MICHAEL REYNOLDS/EPA-EFE/Shutterstock Attorneys for Abbe Lowell and Bartholomew Dalton told U.S. District Judge Maryellen Noreika of Delaware that the charges violate past agreements, are based on unconstitutional gun statutes and that Weiss was illegally appointed. US District Court for the District of Delaware
“This is a resolution proposed and desired by Mr. Weiss; his office signed the Diversion Agreement, which came into force after execution by the parties, and the Plea Agreement, which his Office argued this Court should accept in open court,” they said.
“Because the facts in the case have not changed and the law has only become more difficult for such prosecutions, the public record does not support any conclusion other than that Mr. Weiss changed his decision because he moved under political pressure to bring more serious charges.”
A spokesman for Weiss’ office declined to comment.
In September, Weiss slapped Hunter with three counts of making false statements about his drug use and purchasing a Colt Cobra handgun in 2018, at which time he was, by his own admission, addicted to cocaine.
The four filings, totaling 111 pages, were made after Lowell saw his arguments Monday morning on MSNBC.
“This is because he is the son of a president named Biden,” Lowell told “Morning Joe” about the case against his client. “Republicans … have tried and tried to say that President Biden has done something wrong. They couldn’t find a shred of evidence.”
He reiterated that the new charges were “no [because of] the change of fact, not the change of law, but the great pressure that the Republicans exerted from the former President [Donald] Trump to the chairman of the House committee to demand that something more be done.”
“This is a resolution proposed and desired by Mr. Weiss; his office signed the Diversion Agreement, which came into effect after being executed by the parties, and the Plea Agreement, which his Office argued should be accepted by this Court,” they said. AFP via Getty Images
In September, Weiss slapped Hunter with three counts of making false statements about his drug use and illegally purchasing a Colt Cobra revolver in 2018 — at which time the now-presidential scion was, by his own admission, addicted to cocaine.
His attorneys referred to the case in their Monday motion as a “widely violated, yet almost never prosecuted, gun charge.”
Hunter’s lawyers argued in an August court filing that federal prosecutors had reneged on a plea deal with the first son, which exploded on July 26 after Noreika questioned the scope of his immunity provision.
“Because the facts in the case have not changed and the law has only become more difficult for such prosecutions, the public record does not support any conclusion other than that Mr. Weiss changed his decision because he buckled under political pressure,” Lowell and Dalton said. AFP via Getty Images
In Monday’s motion, Lowell and Dalton said the two parties had signed a diversion agreement that granted Hunter “immunity for any offense related to his gun purchase (among other offenses).”
Those “other offenses” could include other tax charges, money laundering, bribery and violations of the Foreign Agents Registration Act, giving Hunter Biden broad immunity from future prosecution.
Last week, nine tax fraud-related charges — including three felony counts — were filed against Hunter Biden in Southern California by Weiss’s prosecutorial team.
His attorney said he continued to abide by the terms of the first agreement signed with the Delaware prosecutor’s office, which included several probationary measures such as drug testing and foreign travel limits. AFP via Getty Images
But the eldest son’s attorney claimed Monday that they are continuing to abide by the terms of the first agreement reached with Weiss’ office, including some tentative measures such as drug testing and foreign travel limits.
They also pointed to a ruling earlier this year by the US Court of Appeals for the Fifth Circuit that they say renders the statute under which Hunter is being sued unconstitutional.
“Because people protected by the Second Amendment can no longer be denied firearms ownership simply because of past drug use …” the lawyers said, “any false statement by Mr. Biden about his status as having used a controlled substance no longer concerns ‘any material fact to the legality of the sale’ of firearms.”
Lowell also asked Noreika to hold an evidentiary hearing to “further develop the record” of Weiss’ office’s mishandling of the case, including follow-up subpoenas to Trump administration officials who may have intervened. Getty Images
They further note that the appointment of Weiss as special counsel violates Justice Department rules, which require such prosecutors to be “selected from outside the United States Government.”
Former President Donald Trump appointed Weiss as Delaware’s US attorney in 2017 at the recommendation of the state’s Democratic senators Chris Coons and Tom Carper.
Attorney General Merrick Garland elevated the prosecutor to special counsel status on August 11, although he remains the US attorney in Delaware.
Hunter’s lawyer also asked Noreika to hold an evidentiary hearing to “further develop the record” of Weiss’ office’s alleged mishandling of the case, including follow-up subpoenas to Trump administration officials, including former president and former Attorney General William Barr.
The first son has pleaded not guilty to gun charges and is set to face trial early next year.
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Source: thtrangdai.edu.vn/en/
