Hunter Biden again asked the federal judge overseeing his criminal gun case in Delaware to dismiss the charges against him, outlining four reasons why the charges should be thrown out, court documents show.
In a motion filed Tuesday in Delaware district court, attorneys for the 53-year-old eldest son argued that his case should be dismissed because of a diversion agreement that gives Biden broad immunity related to weapons charges — even though that measure has been taken. down
They also claim the offenses Hunter Biden has been charged with may be unconstitutional on Second Amendment grounds; the top prosecutor in the case was an invalid special counsel; and the charges are politically motivated.
The motion was filed in response to Special Counsel David Weiss’ Jan. 16 rebuttal of Biden’s first attempt to convince District Judge Maryellen Noreika to drop the case.
“The prosecution is bound by the agreement made, approved and signed with the defendant, just as it often seeks to hold the defendant to the terms of the agreement made and signed by the defendant,” Biden’s lawyers, Abbe Lowell and Bartholomew J. Dalton wrote in a motion.
Hunter Biden has pleaded not guilty to three felony counts in a gun case. AP
“No matter how earnestly the prosecution’s decision to enter into a Diversion Agreement is criticized by extremist Republican politicians and the right-wing press, the prosecution remains bound by the agreement it signed.”
“The court cannot allow the prosecution to renege on its consent.”
Last July, Biden appeared poised to receive blanket immunity under a plea deal he reached with federal prosecutors that would have allowed him to avoid prosecution on felony charges of possessing a firearm while addicted to crack cocaine and lying about his drug use when he bought a Colt Cobra 38SPL revolver. But the deal fell through in a Delaware courtroom.
A month later, Weiss, a Delaware US attorney, was granted special counsel status by Attorney General Merrick Garland.
A plea deal that would have seen Hunter Biden face no charges related to his gun purchases exploded in a Delaware courtroom last summer.
Biden’s legal team argued that he was improperly appointed as special counsel.
“Special Counsel Weiss is not authorized to prosecute this case or bring this charge,” Lowell and Dalton wrote, arguing that the rules require “[t]The Special Counsel shall be selected from outside the United States Government” and Weiss’s status as a US attorney makes him ineligible to serve in that role.
“The problem here is that Mr. Weiss is not eligible to be Special Counsel because he is already part of the United States government as the US Attorney for the District of Delaware, so he is not independent of the United States government,” he said. the lawyer argued.
Lowell and Dalton also made the case that Weiss’s prosecution of Biden was “selective and vindictive,” arguing that the special counsel bowed to Republican pressure to go after the president’s son.
Attorneys for Hunter Biden argued Tuesday that all charges in the gun case should be dismissed.
“[W]I know exactly how Mr. Weiss would resolve this case without outside pressure to treat Mr. Biden more harshly because Mr. Weiss is trying to resolve it,” the motion stated, again, to last year’s diversion agreement and plea agreement.
“That is, until Mr. Weiss came under pressure and heavy criticism from Republican extremists arose,” the filing continued. “In response to objections from former President Trump, extremist House Republicans and right-wing media who wanted to make Mr. Biden’s fate a political issue in the upcoming presidential election, the prosecution blew up the deal and has now brought criminal charges against Mr. Biden here in Delaware and in California and is seeking a heavy prison sentence for charges that the prosecution was willing to settle for a trial months ago.”
Ultimately, Lowell and Dalton asked the justices to, at a minimum, await “guidance from the Supreme Court” on pending Second Amendment cases “before allowing this case to proceed to trial.”
“However, even without further guidance from future Supreme Court decisions, current law supports dismissal of the allegations in this indictment,” they wrote, citing decisions made by lower courts, including the 3rd US Circuit Court of Appeals overseeing Delaware.
Biden’s lawyers also asked Noreika to hold an evidentiary hearing, arguing that Weiss “has made three large productions containing virtually no response to Mr. Biden’s specific requests” and has not responded to further requests for documents.
The first son has pleaded not guilty to gun charges and is set to stand trial.
Biden also faces nine tax fraud-related charges — including three felony counts — filed against him in Southern California by Weiss’s prosecution team. He pleaded not guilty to all charges in the case earlier this month.
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Source: thtrangdai.edu.vn/en/
