Hunter Biden’s lawyers tell court they will seek to throw out gun charges

Hunter Biden’s lawyers tell court they will seek to throw out gun charges

October 06, 2023 10:24 AM

Hunter Biden’s defense lawyers told the court on Thursday that they intend to ask a judge to throw out special counsel David Weiss’s indictment of Biden on gun charges.

The widely expected move comes days after Biden pleaded not guilty to three charges related to a gun purchase he made in 2018.

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More than two months after a plea deal that Weiss offered to Biden collapsed in court, Biden’s legal team continues to argue that the agreement should remain in effect because both Biden’s and Weiss’s offices signed it.

The court, however, did not.

“Mr. Biden … will seek to dismiss the Indictment against him pursuant to the immunity provisions of that Agreement,” Biden’s lead attorney, Abbe Lowell, wrote in a filing Thursday.

The plea deal contained two parts: a pair of misdemeanor tax charges to which Biden had agreed to plead guilty and a pretrial diversion agreement that allowed Biden to avoid facing charges on the gun purchase.

Controversially, Weiss had included a sweeping immunity provision that covered Biden’s foreign business dealings in the unrelated diversion agreement, a structure that Judge Maryellen Noreika found unacceptable.

Diversion agreements don’t always require a judge’s participation, and critics have accused Weiss of placing the immunity provision in the diversion agreement, rather than the plea deal, in order to avoid rejection from the court.

Since the July 26 hearing that saw the unraveling of the deal, Weiss said in court filings that the Justice Department views the plea deal and diversion agreement as invalid, and he left the door open to filing additional charges beyond those related to the gun purchase.

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The defense team’s filing on Thursday was not a formal motion to dismiss. Instead, it was a response to a filing from Weiss on Wednesday that sought to withdraw the rest of the diversion agreement covering the alleged gun offense.

Hunter Biden’s lawyers have until Nov. 3 to file their motion to dismiss.

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