Lawyers for first son Hunter Biden on Monday asked a federal judge in Delaware in four separate motions to dismiss weapons charges brought by special prosecutor David Weiss.
Attorneys Abbe Lowell and Bartholomew Dalton asked District Judge Maryellen Noreika to dismiss the case, arguing in turn that the indictment violated an earlier agreement between the 53-year-old and the government and is based on an unconstitutional firearms statute. and that Weiss was illegally designated for special prosecutor status.
A fourth motion to dismiss claims the case is a “selective and vindictive prosecution” of the first child and “a violation of the separation of powers” because Weiss “caved to political pressure” from former President Donald Trump and congressional Republicans.
“After five years of an exhaustive (and what was and should continue to be very expensive) investigation, U.S. Attorney David Weiss, a holdover from the Trump administration, decided to resolve the entire investigation of Mr. Biden through a Settlement Agreement. Diversion relating to a firearm charge and a separate plea agreement to resolve tax-related misdemeanor charges,” the attorneys wrote.
Hunter Biden’s lawyers have asked a federal judge in four separate motions to dismiss the first son’s weapons charges filed by special prosecutor David Weiss in Delaware, according to court documents Monday. MICHAEL REYNOLDS/EPA-EFE/Shutterstock Lawyers Abbe Lowell and Bartholomew Dalton told Delaware District Judge Maryellen Noreika that the indictment violated a previous agreement, is based on an unconstitutional firearms statute and that Weiss was named illegally. US District Court for the District of Delaware
“This is the resolution that Mr. Weiss suggested and wanted; “His office signed the Diversion Agreement, which became effective once executed by the parties, and the Declaration Agreement, which his Office argued this Court should accept in open court,” they said.
“Because the facts in the case did not change and the law only became more difficult for such prosecutions, the public record supports no conclusion other than that Mr. Weiss changed his decision because he bowed to political pressure to press charges.” more severe.”
A spokesman for Weiss’ office declined to comment.
In September, Weiss charged Hunter with three counts of making false statements about his drug use and purchasing a Colt Cobra revolver in 2018, during which time, by his own admission, he was addicted to crack cocaine.
The four filings, which total 111 pages, came after Lowell made his arguments Monday morning on MSNBC.
“It’s because he is the son of the president whose name is Biden,” Lowell told “Morning Joe” about the case against his client. “Republicans… have tried and tried to say that President Biden has done something wrong. “They can’t find even the slightest bit of evidence.”
He reiterated that the new charges “do not [because of] a change in the facts, not a change in the law, but the enormous pressure exerted by the Republicans by the former president [Donald] Trump to the House committee chairmen to demand that something more be done.”
“This is the resolution that Mr. Weiss suggested and wanted; “His office signed the Diversion Agreement, which became effective once executed by the parties, and the Declaration Agreement, which his Office argued this Court should accept,” they said. AFP via Getty Images
In September, Weiss charged Hunter with three counts of making false statements about his drug use and illegally purchasing a Colt Cobra revolver in 2018, during which time the now-president’s offspring were, by his own admission, addicted to crack cocaine.
His attorneys referred to the case in their motions Monday as “a widely violated but almost never prosecuted gun charge.”
Hunter’s lawyers argued in August court filings that federal prosecutors had reneged on a plea deal with the first son, which exploded on July 26 after Noreika questioned the scope of his immunity provision.
“Because the facts in the case did not change and the law only became more difficult for such prosecutions, the public record supports no conclusion other than that Mr. Weiss changed his decision because he bowed to political pressure,” they argued. Lowell and Dalton. AFP via Getty Images
In Monday’s motions, Lowell and Dalton said both sides had signed a diversion agreement that gave Hunter “immunity from any crime related to the purchase of a firearm (among other crimes).”
Those “other crimes” would have potentially included other tax charges, money laundering, bribery, and violations of the Foreign Agents Registration Act, which would have given Hunter Biden broad immunity from future prosecutions.
Last week, Weiss’s prosecutorial team filed nine tax fraud-related charges, including three felony charges, against Hunter Biden in Southern California.
His lawyers said he has continued to comply with the terms of that first agreement reached with the Delaware prosecutor’s office, including various testing measures such as drug testing and limits on foreign travel. AFP via Getty Images
But attorneys for the first son said Monday that they continued to comply with the terms of that first agreement reached with Weiss’s office, including various testing measures such as drug testing and limits on foreign travel.
They also pointed to a ruling earlier this year by the U.S. Court of Appeals for the Fifth Circuit that they say makes the statute under which Hunter is being prosecuted unconstitutional.
“Because people protected by the Second Amendment can no longer be denied gun ownership simply because of past drug use…” the lawyers said, “any false statements by Mr. Biden about his gun status used a controlled substance no longer refers to any fact material to the legality of the sale of a firearm.”
Lowell also asked Noreika to hold an evidentiary hearing to “further develop the record” that Weiss’ office had mishandled the case, including following up on subpoenas to Trump administration officials who might have interfered. fake images
They also point out that the appointment of Weiss as a special prosecutor violates Justice Department rules, which require that such prosecutors “be selected from outside the United States Government.”
Former President Donald Trump appointed Weiss as Delaware’s federal prosecutor in 2017 on the recommendation of Democratic state senators Chris Coons and Tom Carper.
Attorney General Merrick Garland elevated the prosecutor to special prosecutor status on Aug. 11, although he remains the federal prosecutor in Delaware.
Hunter’s lawyers also asked Noreika to hold an evidentiary hearing to “further develop the record” that Weiss’ office allegedly mishandled the case, including following up on subpoenas to Trump administration officials, including the former president and Former Attorney General William Barr.
The first son has pleaded not guilty to weapons charges and is set to go to trial early next year.
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Source: vtt.edu.vn