Hunter Biden has again asked the federal judge overseeing his Delaware felony weapons case to dismiss the charges against him, outlining four reasons why the charge should be dismissed, court documents show.
In a series of motions filed Tuesday in Delaware District Court, attorneys for the 53-year-old first son argued that his case should be dismissed because of a diversion agreement that grants Biden broad immunity related to weapons charges, even though the measure was rejected. below.
They also claimed that the crimes Hunter Biden is charged with could be unconstitutional on Second Amendment grounds; the lead prosecutor on the case is an illegitimate special prosecutor; and the charges are politically motivated.
The motions were filed in response to Special Counsel David Weiss’ Jan. 16 rebuttal of Biden’s first attempt to convince District Judge Maryellen Noreika to drop the case.
“The prosecution is bound by the agreements it enters into, approves and signs with a defendant, just as it often seeks to hold defendants to the terms of the agreements they make and sign,” said Biden’s attorneys, Abbe Lowell. and Bartholomew J. Dalton. write in a single movement.
Hunter Biden pleaded not guilty to three felonies in the gun case. AP
“No matter how fervently the prosecution’s decision to enter into the Diversion Agreement is criticized by extremist Republican politicians and the right-wing press, the prosecution remains bound by the agreement it reached.”
“The Court must not allow the prosecution to breach its agreement.”
Last July, Biden appeared set to receive broad immunity protection under a plea deal he reached with federal prosecutors that would have allowed him to avoid prosecution for felony charges of possessing a firearm while addicted to crack cocaine and lying about his drug use when he purchased the Colt Cobra 38SPL revolver. But the deal collapsed in a Delaware court.
A month later, Attorney General Merrick Garland granted Weiss, the U.S. attorney for Delaware, special counsel status.
A plea deal that would have prevented Hunter Biden from facing charges related to the gun purchase collapsed in a Delaware court last summer.
Biden’s legal team maintains that he was inappropriately appointed special counsel.
“Special Counsel Weiss is not authorized to prosecute this case or bring this indictment,” Lowell and Dalton write, arguing that regulations require that “[t]The Special Counsel will be selected from outside the United States Government” and that Weiss’ status as a US attorney makes him ineligible to serve in the position.
“The problem here is that Mr. Weiss is not eligible to be Special Counsel because he is already part of the United States government as the United States Attorney for the District of Delaware, so he is not independent of the United States government,” said. The lawyers argue.
Lowell and Dalton also argue that Weiss’s prosecution of Biden has been “selective and vindictive,” arguing that the special counsel bowed to Republican pressure to go after the president’s son.
Hunter Biden’s lawyers argued Tuesday that all charges in the gun case should be dismissed.
“[W]“We know exactly how Mr. Weiss would have resolved this case without outside pressure to treat Mr. Biden more harshly because Mr. Weiss attempted to resolve it,” the motion states, noting, once again, the diversion agreement and the guilty plea last year.
“That is, until Mr. Weiss came under pressure and strong criticism emerged from Republican extremists,” the document continues. “In response to an outcry from former President Trump, extremist House Republicans and right-wing media seeking to make Mr. Biden’s fate a political issue in the upcoming presidential election, prosecutors blew up that deal and now has filed felony charges against Mr. Trump. “Biden both here in Delaware and California and is seeking a harsh prison sentence for charges that prosecutors were willing to resolve with probation just a few months ago.”
Finally, Lowell and Dalton ask that the judge, at a minimum, wait for “guidance from the Supreme Court” on pending Second Amendment cases “before allowing this case to proceed to trial.”
“However, even without further guidance from future Supreme Court decisions, current law supports dismissal of the charges in this indictment,” they write, citing rulings handed down by lower courts, including the U.S. Court of Appeals for the Third Circuit. that oversees Delaware.
Biden’s lawyers also asked Noreika to hold an evidentiary hearing, arguing that Weiss “has produced three voluminous productions that contain almost nothing responsive to Mr. Biden’s specific requests” and has not responded to further requests for documents.
The first son has pleaded not guilty to weapons charges and is set to go to trial.
Biden also faces nine charges related to tax fraud, including three felony charges, brought against him in Southern California by Weiss’ team of prosecutors. He pleaded not guilty to all charges in that case earlier this month.
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Source: vtt.edu.vn