On Monday, Biden's attorneys contended that the Delaware indictment for three gun-related offenses should be nullified based on constitutional grounds, the conditions of his unsuccessful guilty plea agreement and pretrial diversion arrangement, the special counsel appointment of Delaware U.S. Attorney David Weiss, and an alleged unjust prosecution.
The first motion to dismiss states, “The Indictment against Mr. Biden must be dismissed because it violates a Diversion Agreement that is in effect between Mr. Biden and the prosecution. In exchange for Mr. Biden giving up various rights—including his Fifth Amendment right to remain silent by agreeing to the Statement of Facts drafted by the prosecution and numerous restrictions on his liberty—the prosecution agreed to provide him immunity for any offense concerning his purchase of a firearm.”
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The pretrial diversion agreement for a single felony gun charge was linked to Hunter Biden's anticipated guilty plea for two tax misdemeanors in Delaware. However, this plea deal and diversion agreement fell apart under the scrutiny of U.S. District Court Judge Maryellen Noreika, who raised questions about a prosecutorial immunity clause within the diversion agreement.
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In July, Hunter Biden pleaded not guilty to the tax offenses. He was indicted in September on three federal gun charges, to which he pleaded not guilty in October. Consequently, the single gun felony charge was later dismissed.
Following the breakdown of Hunter Biden’s plea deal, Attorney General Merrick Garland appointed Weiss as special counsel in August. This decision came after two IRS whistleblowers accused the Department of Justice (DOJ) of giving Hunter Biden preferential treatment.
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Weiss then filed a motion to dismiss the Delaware tax charges with the intention of prosecuting Biden elsewhere. Noreika approved Weiss’ motion, resulting in the dismissal of the two Delaware tax offenses.
Hunter Biden’s legal team argues that Weiss’ special counsel appointment is unlawful as it contravenes DOJ regulations and Congress did not allocate funds for it. They stated, “This prosecution is not legally authorized because David Weiss was unlawfully appointed as Special Counsel and Congress has not appropriated funds for the Special Counsel’s investigation or this prosecution.”
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According to DOJ regulations, the attorney general should appoint a special counsel from outside the government. However, Weiss is concurrently serving as U.S. Attorney for Delaware, a fact he confirmed to the House Judiciary Committee during his November testimony, as per a transcript reviewed by the Daily Caller.
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In September, Garland testified before the House Judiciary Committee, stating that Weiss was the only prosecutor he considered for the special counsel appointment.
Hunter Biden’s legal team is also arguing that he is the victim of selective prosecution and that his case infringes on the separation of powers due to the investigative efforts of the House Oversight and Judiciary Committees. These committees continue to investigate Hunter Biden’s foreign business dealings and the IRS whistleblower testimony as part of the impeachment inquiry into President Biden.
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In another motion to dismiss, Hunter Biden’s lawyers argue that the gun charges against him are unconstitutional on Second Amendment grounds, citing several court cases, including the Supreme Court’s recent decision in New York State Rifle and Pistol Association v. Bruen, where justices struck down the state’s concealed carry regulations.
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President Biden, Hunter's father, is a strong advocate for stricter gun control measures and criticized the Supreme Court for its decision in the Bruen case. The White House announced on Friday that President Biden does not intend to pardon his beleaguered son following his California indictment for nine tax-related charges.
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