Defense attorneys argued the ‘evidence was on steroids’ that the prosecution showed bias.
Hunter Biden, son of President Joe Biden, filed four separate motions on Monday to dismiss a case charging him with three gun-related crimes.
Attorneys for Mr. Biden are arguing that the now-defunct plea bargain presented this summer nulled his gun charges in exchange for a guilty plea on tax misdemeanors, that special counsel David Weiss was “unlawfully appointed” to his position, and that the gun charges are unconstitutional. Lastly, he argued to dismiss on the basis of a “selective and vindictive prosecution.”
The defense also filed a motion for a hearing for discovery, to argue some of these issues.
In addition to the three gun crimes, Mr. Biden has been charged with nine tax crimes in California.
Plea Deal
Earlier on Monday, Abbe David Lowell, legal counsel for Mr. Biden, told MSNBC he believes the prosecution was politically motivated.
“Are you asking whether he should have accountability for the mistakes he made while he was addicted? Sure he should. And if the U.S. attorney had followed through, and continued on what was supposed to happen in June, there would have been accountability,” Mr. Lowell said.
He said Mr. Weiss should have accepted the plea deal.
“Hunter was in court that day to have accountability and to show remorse and to take responsibility for his conduct,” Mr. Lowell said, accusing the prosecutors of backtracking “after seeing the criticism.”
The plea bargain had been widely panned as a sweetheart deal by House Republicans, including several overseeing investigations into the Biden family’s financial dealings. During Mr. Biden’s initial arraignment in Delaware, the federal judge had questioned both parties about the terms, and the deal fell apart within minutes.
Mr. Weiss has since pulled the case and deal, which Mr. Lowell argues is a violation.
“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 (among other offenses),” the first motion to dismiss reads.
Mr. Weiss had argued that the deal was never formally entered into and no longer holds.
On MSNBC, Mr. Lowell did not refute the tax evasion allegations, nor his client’s drug addiction during the period when he bought and owned a gun.
By Catherine Yang
