Hunter Biden Challenges Gun Charges, Alleges Political Pressure and Unconstitutional Prosecution

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ICARO Media Group
Politics
11/12/2023 23h21

In a series of motions filed in Delaware, Hunter Biden, son of President Joe Biden, has launched a strong defense against the gun charges brought against him, claiming that special counsel David Weiss bowed to political pressure and engaged in vindictive prosecution. Biden's legal team filed a motion to dismiss the case, arguing that the charges were politically motivated and that Weiss was illegally appointed as special counsel.

The motion to dismiss is accompanied by several other challenges, including the assertion that Biden should be immune from the gun charges under a prior plea deal. Biden argues that his Second Amendment rights protect his right to purchase a weapon despite his history of drug use.

According to Biden's legal team, the initial plan for the case was for it to be resolved through a Diversion Agreement and a Plea Agreement, which drew criticism from former President Donald Trump, extremist House Republicans, and right-wing media. Biden's legal team argues that Weiss changed his decision to bring more severe charges due to political pressure.

This argument aligns with Trump's own filing seeking to dismiss charges against him in a federal election interference case, claiming political motivation. Biden's counsel also accuses federal prosecutors of reneging on a plea agreement that would have allowed him to avoid the gun charges altogether.

The defense further argues that the gun possession charge is unconstitutional under the Supreme Court's expansion of Second Amendment rights in the NYSRPA v. Bruen case. They assert that a federal appeals court has already invalidated the statute in question, arguing that once that charge is ruled invalid, the other charges automatically collapse.

Aside from challenging the charges, Biden's legal team also questions Weiss's authority as special counsel. They argue that as the U.S. Attorney for Delaware, Weiss cannot concurrently serve as special counsel, as it is precluded by the U.S. Department of Justice's own regulations.

These motions provide a glimpse into how Biden may handle a second indictment brought against him by Weiss in California. The new indictment includes three felony and six misdemeanor tax charges, alleging that Biden failed to meet his tax obligations.

Biden had pleaded not guilty to all charges after a plea agreement fell through due to concerns raised by the judge overseeing the case. The agreement would have required Biden to plead guilty to two tax offenses to avoid a formal gun-related charge under specific conditions.

As the legal battle continues, all eyes will be on the outcomes of Biden's challenges and the potential implications for his ongoing legal troubles.

The views expressed in this article do not reflect the opinion of ICARO, or any of its affiliates.

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