Hunter Biden moves to dismiss gun case, argues David Weiss is illegitimate special counsel

Hunter Biden asked a judge on Monday to dismiss the gun-related case against him in Delaware, claiming David Weiss was unlawfully appointed special counsel, among other arguments.

Biden’s attorney Abbe Lowell also argued in the slate of new filings that the charges against his client were unconstitutional, that Biden was protected by a diversion agreement he signed in the summer, and that the prosecution itself was vindictive.

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The dismissal motions offered the fullest look yet at the defense arguments Biden would use to fight the gun-related indictment in court if his case goes to trial. The filings came just days after Weiss hit Biden with a tax-related indictment in California.

Weiss brought a three-count indictment against Biden in September in Delaware alleging that in October 2018, the first son lied on a federal gun form by falsely claiming he was not addicted to drugs so that he could purchase a revolver. Biden has pleaded not guilty to the charges.

The charges carry a maximum sentence of 25 years in prison, but the penalty if he were convicted would likely be far lower than that based on sentencing standards.

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Weiss has until mid-January to respond to the motion to dismiss.

This story is developing.