First son Hunter Biden is asking for federal gun charges he pleaded not guilty to earlier this week to be dismissed, claiming he has immunity against the indictment stemming from an earlier plea agreement with prosecutors.
Defense attorneys Abbe Lowell and Richard Jones said a July diversion agreement “that both parties signed remains in force, and he will seek to dismiss the Indictment against him pursuant to the immunity provisions of that Agreement,” according to a Friday court filing.
The attorneys argued the “only charge” special counsel David Weiss “was permitted to bring” as part of the diversion agreement were tax charges that have since been dismissed after the first son’s plea deal blew up in court.
“If the Special Counsel no longer wishes to pursue that charge, it has the right to do that,” Lowell and Jones wrote.
Weiss indicted Hunter Biden last month on three counts of making false statements about his drug use when purchasing a gun in 2018.
The first son faces up to 25 years in prison if convicted on all charges.
Hunter’s defense team accused federal prosecutors in August of having reneged on the original plea agreement, which they said remained “valid” and “binding” despite its spectacular implosion on July 26 in Delaware court.
Weiss’ team denied that Hunter’s agreement remained “in effect,” saying defense lawyers had “cobbled together snippets” from the hearing transcript to make their case and that neither the judge nor the probation officer had approved the deal.
Charges against Hunter Biden
COUNT 1: False Statement in Purchase of a Firearm
Faces a maximum of 10 years’ imprisonment; a fine of $250,000; 3 years of supervised release; a special assessment of $100.
COUNT 2: False Statement Related to Information Required to be Kept by Federal Firearms Licensed Dealer
Faces a maximum of 5 years’ imprisonment; a fine of $250,000; 3 years of supervised release; a special assessment of $100.
COURT 3: Possession of a Firearm by a Person who is an Unlawful User of or Addicted to a Controlled Substance
Faces a maximum of 10 years’ imprisonment; a fine of $250,000; 3 years of supervised release; a special assessment of $100.
Federal prosecutors have also maintained that their investigation is “ongoing,” but congressional Republicans have suggested the claim has been made to block oversight of the probe into the president’s son.
The June 20 plea agreement from Weiss’ office would have had Hunter Biden plead guilty to two tax misdemeanors for missing six-figure payments on $1.5 million in income he earned in 2017 and 2018.
IRS tax investigators told Congress they had initially recommended felony charges for Hunter’s failure to pay $2.2 million on $8.3 million he earned between 2014 and 2019 from foreign entities in Ukraine, Russia and China.
IRS Special Supervisory Agent Gary Shapley and Special Agent Joseph Ziegler also alleged the Justice Department interfered in their investigation and prevented them from pursuing leads that could end with President Biden.
The plea deal also allowed the first son to enter a diversion program on the felony gun charge after he unlawfully purchased a Glock pistol while addicted to crack cocaine.
It further granted the first son broad immunity from future charges, including potential violations of the Foreign Agents Registration Act.
If accepted, the agreement would have let Hunter Biden serve two years of probation and have his record expunged.
But prosecutors told US District Judge Maryellen Noreika in court that the unprecedented deal would not protect the first son from being charged again for past crimes, prompting defense attorney Chris Clark to declare it “null and void.”
In the following months, neither side was able to revive plea talks, resulting in a three-count indictment on Sept. 14 over the gun charges.
With his elevation to special counsel status, Weiss may also bring tax charges against Hunter Biden in Washington, DC, and Los Angeles.
US Attorneys Matthew Graves and E. Martin Estrada, who were appointed by President Biden in those jurisdictions, declined to partner with Weiss in charging the first son last year, according to IRS officials.
Hunter’s lawyers last year threatened to put his father on the witness stand if criminal charges were brought against the first son, according to Politico, potentially setting up another spectacular courtroom hearing in the coming months.
The first son’s next court appearance in Delaware has not been set, but pre-trial motions are due by Nov. 3.
