Attorneys for Hunter Biden asked a federal court to dismiss gun charges filed against him this week, claiming an immunity deal that blew up in court earlier this year is still in effect and bars prosecutors from pursuing gun charges.
In a one-page court filing, defense attorneys said a July agreement “that both parties signed remains in force.”
“He will seek to dismiss the indictment against him pursuant to the immunity provisions of that agreement,” wrote attorneys Abbe Lowell and Richard Jones.
Under an earlier agreement with prosecutors, the president’s son would admit to a gun offense that would be expunged after he entered into a diversion program and completed probation. It would have also spared Hunter Biden prison time if he pleaded guilty to a separate tax charge.
The deal fell apart during a July court hearing in Wilmington, Delaware, under scrutiny from U.S. District Judge Maryellen Noreika. Calling the provision “atypical,” Judge Noreika questioned whether it could protect Hunter Biden from other tax crimes or violations of foreign lobbying laws.
Hunter Biden’s attorneys said Friday the charges that special counsel David Weiss “was permitted to bring” as part of the diversion agreement were the tax violations. The tax charges were dismissed after the plea deal collapsed, but Mr. Weiss’ team has suggested they could bring the charges a second time in either Washington or California.
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“If the special counsel no longer wishes to pursue that charge, it has the right to do that,” Mr. Lowell and Mr. Jones wrote.
Mr. Weiss’ team has argued that the earlier agreement is no longer in effect because it lacked a necessary signature from the probation department.
The first son pleaded not guilty Tuesday to the federal gun charges, assuring a likely criminal trial while his father, President Biden, seeks reelection.
Prosecutors have charged Hunter Biden with two counts of making false statements in relation to the purchase of a firearm, and a third count of possession of a gun by a person who uses illegal narcotics.
Two of the counts stem from Hunter Biden’s alleged lies on a federal background check form when he bought a Colt Cobra revolver in October 2018. The third count charges him with possessing a firearm while using a narcotic.
The three charges carry a combined maximum prison sentence of 25 years.
“Hunter Biden provided a written statement on Form 4473 certifying that he was not an unlawful user of, and addicted to, any stimulant, narcotic drug, or any other controlled substance, when in fact, as he knew, that statement was false and fictitious,” prosecutors wrote in September.
Count three of the indictment states that Hunter Biden illegally possessed that gun for 12 days after its purchase. Under federal law, it is against the law to possess a firearm while using illegal drugs.
Prosecutors say Hunter Biden possessed the Colt Cobra “knowing that he was an unlawful user of and addicted to any stimulant, narcotic drug, and any other controlled substance.”
Hunter Biden wrote in his 2021 memoir “Beautiful Things” that he was abusing drugs in 2018 when he bought the weapon.
• Jeff Mordock can be reached at jmordock@washingtontimes.com.
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