Attorneys for Hunter Biden filed a motion Monday afternoon in federal court in Delaware to dismiss the indictment against him over gun charges.
Biden’s team claimed it “violates” the collapsed plea agreement, and maintain it is “still in effect” between him and federal prosecutors.
Special Counsel David Weiss charged Biden with making a false statement in the purchase of a firearm; making a false statement related to information required to be kept by a federal firearms licensed dealer; and one count of possession of a firearm by a person who is an unlawful user of or addicted to a controlled substance.
“The Indictment against Mr. Biden must be dismissed because it violates a Diversion Agreement that is in effect between Mr. Biden and the prosecution,” his lawyers argued in the filing.
“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).”
Biden’s team said prosecutors could not bring firearms charges “based on the firearm identified in the factual statement to the Diversion Agreement.”
“Nevertheless, the prosecution did just that, by subsequently bringing this Indictment charging Mr. Biden with three felony firearm offenses, which all relate to the firearm identified in the Diversion Agreement’s factual statement,” they said.
“Because Mr. Biden gave up valuable rights as part of this contract, in exchange for the prosecution’s promise not to prosecute him, such promise must be fulfilled.”
