Hunter Biden lawyers say gun charges fall under pretrial diversion agreement

September 16, 2023
Jen Krausz

Lawyers for Hunter Biden are reportedly arguing that special prosecutor David Weiss is "barred" from bringing gun charges against Hunter Biden because of a pretrial diversion agreement that was part of a plea deal that fell apart in July, according to the Washington Examiner.

Biden's legal team apparently thinks the diversion agreement should still stand even though it was contingent on Biden pleading guilty to two tax evasion charges, which he reneged on when the plea fell apart.

Biden was indicted Thursday on three felony charges that he illegally purchased a weapon in 2018 when he was using cocaine, and that he lied on federal paperwork in order to do so.

"We believe these charges are barred by the agreement the prosecutors made with Mr. Biden, the recent rulings by several federal courts that this statute is unconstitutional, and the facts that he did not violate that law, and we plan to demonstrate all of that in court," Abbe Lowell told the Washington Examiner.

Charges likely pending

Biden has not been charged on the tax violations, even though the statute of limitations has not yet run out. Prosecutors indicated when the plea deal fell apart that they may still indict Biden in a different jurisdiction, such as Washington, D.C. or California.

Constitutional attorney Andrew Lieb of Lieb at Law said he would be "shocked" if Weiss did not indict Biden on the tax charges.

If a judge finds the pretrial agreement binding even though the conditions for it have not been met, the charges that Biden lied on federal gun paperwork will be dealt with under that agreement.

The constitutionality of the third charge, a felony for possessing the gun illegally for 11 days between October 12 to 23, 2018, will be challenged by Biden's attorneys, the Examiner reported.

"Grave threat"

The same charge was found unconstitutional on August 9 by the 5th Circuit Appeals Court, Lowell argued.

"Hunter Biden possessing an unloaded gun for 11 day[s] was not a threat to public safety, but a prosecutor, with all the power imaginable, bending to political pressure presents a grave threat to our system of justice," Lowell said Thursday.

An arraignment in the case has not been scheduled.

In all reality, the "grave threat to our system of justice" was averted when the plea deal fell apart, since it contained a provision that would have prevented prosecutors from charging Hunter Biden on any of his shady foreign business deals, including allegedly taking a $5 million bribe from a Ukrainian oligarch at Burisma.

It could have even shut down the investigation into whether President Joe Biden was involved in any of those deals, which is exactly what the DOJ and Biden's lawyers hoped would happen.

It may still go that way, but it'll be harder without the plea deal in place.

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